The International Forum for Responsible Media Blog

Month: December 2010 (Page 3 of 4)

Libel and Malicious Falsehood in the Supreme Court

The recent decision in Spiller v Joseph ([2010] UKSC 53) was the first libel case considered by the Supreme Court and the first to reach the highest court since Jameel v Wall Street Journal [2006] UKHL 44). The latest list of Supreme Court permission to appeal decisions shows that the Court will, next, year be considering more media law cases.  Decisions in relation to permission to appeal were made in two libel cases and one malicious falsehood claim. Continue reading

Case Law: XJA v News Group: another case on anonymity

On 3 December Mrs Justice Sharp handed down judgment in the case of XJA v News Group [2010] EWHC 3174 (QB)).  This was  a privacy action, where an interim holding injunction was extended by consent until trial or further order.   The claimant had made an application on short notice against the defendant, News Group Newspapers  for an interim injunction, restraining the publication of certain alleged private information, which the defendant had informed the claimant earlier that day, it intended to publish. The application was opposed and Mr Justice Calvert-Smith J, granted the relief asked for (including that the claimant be anonymised) and provided for a very short return day for a full hearing between the parties, 2 days later. Continue reading

News: Sky Andrew v News Group Newspapers and Glenn Mulcaire

In an another interesting “phone hacking” development, Mr Justice Vos yesterday ordered the Metropolitan Police to disclose documentation to football agent Sky Andrew.  The application arose out of Mr Andrew’s claim is for damages against the News of the World and Glenn Mulcaire, in respect of hacking of his voicemail messages.

Mr Justice Vos has already considered the earlier telephone hacking case in his judgment in Max Clifford’s claim against News Group in March of this year.  We posted a report of the decision at the time. Continue reading

Public Service Job Advert: Matrix seeks Media and Information Lawyer

We have been asked to draw the attention of  our readers to this recruitment advertisement from Matrix Chambers.

“The Matrix Media and Information Group covers a wide range of work in the private and public law fields, including defamation, privacy, data protection and freedom of information.  As well as mainstream media work, there are considerable areas of cross over with the Matrix public law, employment and crime and regulatory teams. Continue reading

Law and Media Round Up – 6 December 2010 [updated 2]

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.

News

It is reported by the 5 RB website that the Supreme Court has proposed giving the “Times” permission to appeal in the case of Flood v Times Newspapers – on the condition that the “Times” agrees to pay Mr Flood’s costs in any event. Continue reading

Wikileaks, Public Domain and the Internet

The disclosures of US diplomatic cables over the past week (covered in the Guardian and around the world) has reminded us that one way to ensure effective release of highly confidential  secrets is for it to be released from a number of servers in different jurisdictions.  The result is that it is almost immune from the type of sustained Court action such as the Spycatcher litigation in the late 1980s. Continue reading

Matrix Media Update – 3 December 2010

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.

Latest Cases

Spiller & Anor v Joseph & Ors [2010] UKSC 53,  1 Dec 2010.  On appeal from [2009] EWCA Civ 1075.   The Supreme Court considered the defence of fair comment in defamation proceedings, in particular the extent to which the factual background giving rise to the comment had to be referred to with the comment itself and be accurately stated. Continue reading

Case Law: “Spiller v Joseph – the New Defence of Honest Comment” – Catherine Rhind

The Supreme Court yesterday handed down judgment in the case of Joseph v Spiller ([2010] UKSC 53), the first time it has considered a libel case since its inception. The panel consisted of Lords Phillips, Rodger, Walker and Brown and Sir John Dyson.  There is the usual useful press summary [pdf]. The background to the case has already been covered in a previous case preview on this blog and the background facts and the case history are not repeated in this post. Continue reading

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