Lord Lester’s Defamation Bill – Explanatory Notes

30 06 2010

The “Explanatory Notes” to Lord Lester’s Defamation Bill have been made available.  Such notes are mandatory for all public acts which result from Bills introduced into either House of Parliament by a Government Minister since 1999.  The text is usually produced by the Government Department responsible for the subject matter of the Act. The purpose of Explanatory Notes is to make the Act of Parliament accessible to readers who are not legally qualified and who have no specialised knowledge of the matters dealt with. Read the rest of this entry »

Opinion: “Prior notification in privacy cases – A response to Andrew Scott” by Max Mosley

30 06 2010

As a participant, but not an academic, perhaps I might be allowed to comment on Andrew Scott’s very interesting contribution to the debate on prior notification.

His two principal arguments are, first, our application to the ECtHR is founded on a false premise, namely  damages can never be an adequate remedy for breach of privacy;  second, even if breach of privacy is irreparable, there are many examples of irreparable damage which the law compensates with damages, so damages can suffice even though privacy, once breached, can never be restored. Read the rest of this entry »