The International Forum for Responsible Media Blog

Month: February 2011 (Page 5 of 6)

News: Libel in the Supreme Court [Revised]

Gary Flood

On 24 January 2011, the Supreme Court gave permission to appeal in the case of Flood v Times Newspapers. Lords Hope, Brown and Mance originally proposed to grant permission on the condition that the “Times” agreed to pay Mr Flood’s costs in any event. The Court has now granted permission on these terms.  The “Times” has to decide whether to pursue the appeal on this basis.  We commented on the Court of Appeal decision at the time and other discussions of it can be found in the “Table of Recent Cases” above. There is a report on the initial permission decision in the Press Gazette. Continue reading

Revisited and Revised: Freedom of Expression and Freedom of Information: Part 2 International Instruments and other Jurisdictions – Hugh Tomlinson QC

In this feature we revisit older posts which remain of current interest.  In this updated series of posts from May 2010 Hugh Tomlinson QC considers the relationship between freedom of expression and freedom of information in European, international and domestic law. Part 1 was posted on 5 February.

The cautious approach of the European Court of Human Rights to freedom of information can be contrasted with the approach of other international bodies.  Continue reading

News: Home Affairs Select Committee Publishes Phone Hacking Evidence

On 4 February 2011, “because of the continuing public interest” in the subject, the House of Commons Home Affairs Committee published all the written evidence it has received to date.  The short written evidence of former “News of the World” journalist Paul McMullan has received publicity in some newspapers.  There were reports in the Guardian, the Independent, the Daily Telegraph, and in the Financial Times.   As usual, there was no mention of this “phone hacking” story in the “Sun”, “The Times” or the “Daily Mail”. Continue reading

Revisited and Revised: Freedom of Expression and Freedom of Information: Part 1 The European Convention – Hugh Tomlinson QC

In this feature we revisit older posts which remain of current interest.  In this revised and updated series of posts from May 2010 Hugh Tomlinson QC considers the relationship between freedom of expression and freedom of information in European, international and domestic law.

Introduction

In contrast to modern human rights instruments, the European Convention on Human Rights does not contain any express right to freedom of information. This has often been identified as an important weakness in the Convention. Continue reading

Opinion: “Freedom of Information in the Wikileaks era” – Andrew Murray

This is the text of Andrew Murray’s opening statement  at the BIICL debate on Freedom of Information in the WikiLeaks Era.   It was originally posted on his blog, “The IT Lawyer” and is reproduced with permission and thanks.  There was a report of the full debate by Judith Townend posted on Wednesday.

Introduction

I am pleased to be here tonight among a panel of expert commentators. I believe the role of the academic on occasions such as this is to provide the broader viewpoint that is afforded by the freedom of not having to support either a client viewpoint or a professional one. Continue reading

Case Law: Wallis v Meredith – another libel strike out – Sara Mansoori

The recent decision of the Mr Justice Christopher Clarke in Wallis v Meredith ([2011] EWHC 75 (QB)) resulted in the Claimant’s case being struck out on the basis that there had been no real or substantial tort following Jameel v Dow Jones & Co Inc ([2005] QB 946).   The Defendant, Mr Meredith, had been an employee of the claimant company which had been founded by Mr Wallis. Following Mr Meredith’s redundancy the relationship between the parties broke down and the Claimants instructed Mishcon de Reya who began to correspond with Mr Meredith on their behalf. Continue reading

Opinion: “Daily Mail on the naughty step over domestic violence case” – Adam Wagner

In an entertaining post which also raises the serious issue of journalistic responsibility, the Nearly Legal blog has put a Daily Mail “family law expert” on the naughty step in relation an article on a recent Supreme Court decision on the meaning of domestic violence in housing cases.

According to the respected housing law blog, the Mail article, entitled “Shout at your spouse and risk losing your home: It’s just the same as domestic violence, warns woman judge”, demonstrates“why the Mail is not a paper of record for case reports”. Continue reading

Matrix Media Update – 3 February 2011

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

JIH v News Group Newspapers Ltd [2011] EWCA 42 – 31 Jan 2011.  In allowing the appeal the Court ordered that the claimant’s anonymity should be restored. Held: the Court summarised ten principles applicable in cases where the protection sought by the claimant was an anonymity order or other restraint on publication of details of a case which were normally in the public domain [21]. Continue reading

Announcement: Sara Mansoori joins Matrix Media Team

Matrix chambers is delighted to announce that Sara Mansoori will be joining chambers as a member of its Media Law team as from 1 April 2011. Sara was called to the Bar in 1997 and, practised for 10 years at the well known media law set, 5RB. Since 2009 she has been a Senior Lawyer at the Ministry of Justice and is currently in the Human Rights and Information Team.  She has now decided to return to the Bar and has accepted an invitation to join Matrix. Continue reading

Case Law: Farrall v Kordowski – assessment of libel damages

Another solicitor has obtained an award of damages against the operator of the “Solicitors from Hell website, Mr Rick Kordowski.   On 1 September 2010 the claimant became aware of statements on the website, running to several pages, which attacked her professional competency, advice and probity.  On 5 October 2010 Ms Farrall obtained an interim injunction to restrain Mr Kordowski from publishing the words complained of (Farrall v Kordowksi [2010] EWHC 2436 (QB)).   Default judgment was subsequently entered. Ms Farrall has now had her damages for libel against Mr Kordowski assessed by a High Court judge. Continue reading

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