The International Forum for Responsible Media Blog
This is Part 2 of a paper given to the City University Forum on “Re-Framing Libel” on 4 November 2010. Part 1 was published on 5 November 2010.
The next area which I would like to consider is that of remedies in libel cases. The level of libel damages has been of concern to campaigners for many years. The high (or rather low) point of the development of the law in this area was the £1.5 million awarded to Lord Aldington against Count Tolstoy. But the law has moved on. Continue reading
In this regular feature we draw attention to the last week’s law and media news and next week’s upcoming events. If readers have any news or events which they would like to draw attention to please add them by way of comments on this post. Continue reading
McLaughlin & Ors v London Borough of Lambeth & Anor [2010] EWHC 2726 (QB)
The High Court has been asked to consider whether the rule which prevents public authorities from suing in libel – to allow uninhibited criticism of government institutions – has the effect of preventing libel actions being taken by individual managers and employees of those institutions. Continue reading
On 5 November 2010 Mr Justice Tugendhat handed down judgment in JIH v News Group Newspapers ([2010] EWHC 2818 (QB)) another privacy injunction case about anonymity. Following his recent decision in Gray v UVW ([2010] EWHC 2367 (QB)), he again decided that, despite the parties having agreed a consent order including anonymity, the interests of the public required that the claimant be named. He also made a “DFT Order” limiting publicity about the case to information in his public judgment. The name of claimant has, however, not yet been made public because the judge ordered that his identity should not be disclosed pending any application to appeal against his ruling, which had to be lodged by 19 November 2010. Continue reading
Leading academics joined with legal and media practitioners to discuss the shape of libel reform, in a one-day ‘Reframing Libel’ event at City University London on Thursday 4 November 2010. 
Chaired by Lord Lester of Herne Hill QC (left) and former Liberal Democrat MP, Dr Evan Harris, the event sought to examine the detail of Lester’s private member’s defamation bill, first introduced to the House of Lords in May 2010.
The aim is that the arguments presented yesterday, which will also be published as a collection of working papers, will add to and influence the debate, before the government produces its own white paper on libel, due in January 2011. Continue reading
This is Part 1 of a paper given to the City University Forum on “Re-Framing Libel” on 4 November 2010. Part 2 will be published next week.
At the 2010 General Election the three main political parties included a manifesto commitment to libel reform. The Conservative Manifesto tells us,
“We will review and reform libel laws to protect freedom of speech, reduce costs and discourage libel tourism” (Conservative Party Manifesto, p. 90). Continue reading
Since his appointment as Master of the Rolls Lord Neuberger has given a series of illuminating speeches on a wide range of legal topics – available on the Judiciary Website. The latest of these is his Hong Kong University Common Law Lecture, with the slightly paradoxical title Has Equity Had Its Day?. It includes an interesting commentary on the development of the law of equity and the relationship with the common law and the development of law by judges. Continue reading
This is a Media Law Update covering the last week prepared by the Legal Information Team at Matrix Chambers, which they have kindly agreed to make available to readers of Inforrm.
Gillberg v Sweden (App No. 41723/06), ECtHR – 2 Nov 2010, Professor’s criminal conviction for refusal to hand over research on hyperactive children was justified – ECHR, arts 8, 10. In relation to art 10, the Court accepted that some professional groups might have a legitimate interest in protecting professional secrecy as regards clients or sources. Continue reading
We reported some weeks ago on an unsuccessful claim for misuse of private information and libel in the Irish High Court by Ms Ruth Hickey against the Sunday World newspaper. The full judgment is now available ([2010] IEHC 349). The plaintiff, Ruth Hickey, is the partner of David Agnew, the former husband of Adele King (better known as “Twink“), a popular Irish entertainer. Ms Hickey had sued over an article entitled “Twink’s Ex Shows Off Love Child”, which showed photographs of her and Mr Agnew leaving the registry office shortly after the couple had registered their son’s birth in 2006. Continue reading
In her discussion of the recent decision in Metropolitan Schools v Designtechnica ([2010] EWHC 2411 (QB)) – posted by us on 30 October – Siobhain Butterworth draws attention to the oddity of the case. The claimant has been awarded £50,000 in libel damages which it is unlikely to ever recover. This is because the defendant is a US corporation protected against English libel awards by the SPEECH Act. Continue reading
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