Case Law: Court of Appeal on Privacy and Anonymisation

14 12 2010

On 14 December 2010 the Court of Appeal handed down judgment in the case of Pink Floyd Music Limited v EMI Records ([2010] EWCA Civ 1429) – a contractual dispute concerning downloading of music to iTunes.  For our purposes, the interest of the case lies in Lord Neuberger’s general comments about private hearings and anonymity in the Court of Appeal. Read the rest of this entry »





News: Report of the “Early Resolution Procedure Group”

14 12 2010

On 13 December 2010 the Early Resolution Procedure Group, chaired by former defamation judge Sir Charles Gray (pictured right), published its Report, entitled “Media Disputes and Civil Litigation Costs”.  The main proposal is the amendment of section 69 of the Senior Courts Act 1981 so that a judge may, at any stage of a defamation case, decide what the words complained of mean.  Such a decision would be binding if the matter subsequently went to a jury trial. Read the rest of this entry »





Defamation and False Privacy, some thoughts – Hugh Tomlinson QC

14 12 2010

It is now well established in English law that a claim for misuse of private information can be brought in relation to information which purports to be private information about the claimant, whether or not the information is true.  French privacy law has long recognised the actionability of such publications – for example, in the case of Bardot v Ici Paris (TGI Paris, 1st Chamber, 28 March 1984) where the actress recovered damages in respect of a false story of a suicide attempt.  Read the rest of this entry »