MBL/Inforrm Conference Paper: “Defamation Bill: Trivial Libels and Jurisdiction” – Hugh Tomlinson QC

20 07 2010

Lord Lester’s draft Defamation Bill contains two provisions directed towards “trivial libels” and “jurisdiction”.   There is general agreement that “trivial libels” should not be allowed to clog up the courts, although less clarity about how they should be identified and dealt with.  There is little agreement as to whether statutory intervention is needed to deal with “jurisdictional” issues.  The relevant provisions of the draft Bill are to be found in clauses 12 and 13.  Both these clauses are intended to deal with cases where there is no real harm to the claimant’s reputation in England Wales.  Unfortunately, both clauses generate more problems than they solve. Read the rest of this entry »





“Media Lawyers Intervene in Strasbourg Privacy Cases” – PA Media Lawyer

20 07 2010

This post originally appeared on Media Lawyer, the Press Association’s indispensable subscription service covering all aspects of media law.  It reproduced with permission and thanks.

A group representing in-house lawyers with national news organisations and broadcasters has been given permission to intervene in two privacy cases to be dealt with by the Grand Chamber of the European Court of Human Rights.  The cases – which include a fresh one brought by Princess Caroline of Monaco – moved to the Grand Chamber after the Fifth Chamber relinquished jurisdiction on them. Read the rest of this entry »