Case Law: Spiller v Joseph – Media Seek Permission to Intervene

11 06 2010

Two media organisations, Associated Newspapers Limited and Times Newspapers Limited, have sought permission to intervene in the  case of Spiller v Joseph, which is due to be heard by a the UK Supreme Court on 26 and 27 July 2010.  The Court’s “Case Details” are to be found here.  We reported on the granting of permission in this case and its listing.  In October 2009 the Court of Appeal ([2009] EWCA Civ 1075) struck out the defence of fair comment holding that although the Read the rest of this entry »





Case Law: Toronto Star v Canada – Supreme Court upholds publication ban [Updated]

11 06 2010

The Supreme Court of Canada gave judgment yesterday in the case of Toronto Star v Canada (2010 SCC 21) upholding section 517 of the Criminal Code, a federal law that bans the media from reporting evidence from bail hearings.  The ban is discretionary if the application is made by the prosecution and mandatory if the application is made by the defence.  The case arose in the context of two high profile cases — a murder case in Alberta and an Ontario case involving terrorism‑related offences — in which there had been a ban on reporting the bail hearings.

Read the rest of this entry »





Opinion “Reduced ‘uplifts’ on libel CFAs – why the hurry?” Justin Rushbrooke

11 06 2010

A version of this article first appeared in the June 2010 issue of COUNSEL magazine it is reproduced with permission and thanks

A month is a long time in politics. On 3 March 2010, the previous Justice Secretary Jack Straw laid before Parliament a Statutory Instrument by which the maximum ‘uplift’ in defamation and privacy cases would be reduced from 100% to 10%.  On 18 March, the House of Lords Read the rest of this entry »