The International Forum for Responsible Media Blog

Month: March 2011 (Page 1 of 6)

Libel, Blackmail and Anonymity: ZAM – the super injunction that never was

An article by David Leigh in yesterday’s “Guardian” entitled “Superinjunction scores legal first for nameless financier in libel action” led to a flurry of online discussion about the case of ZAM v CFW. This is a case in which – as we discussed in a post earlier this month – Mr Justice Tugendhat granted an interim injunction to restrain the publication of defamatory allegations and also made an anonymity order.  The online interest was generated because, in his article, David Leigh wrongly described the order as a “novel extension of controversial super injunctions“.   Continue reading

Defamation Update: Part 2 – Heather Rogers QC

This is the second part of a three part post dealing with the key libel cases over the last twelve months or so in England and Wales.  Part 1 was posted on 29 March 2011.

The fiction at the heart of defamation claims: the “single meaning rule”

In order to work out whether a publication is defamatory, it is necessary to work out what it means. The world of defamation is run on the basis of the “single meaning rule”: Continue reading

Statements in Open Court in Privacy and Malicious Falsehood Actions

Recent “Privacy” Statement in Open Court

The 55th Update to the Civil Procedure Rules, which comes into force on 6 April 2011 makes an important change to the provisions relating to “statements in open court”. At present, the right to apply to make such a statement before or after the acceptance of a Part 36 offer or other offer to settle is only available in when a party in relation to a claims for libel and slander (PD 53, para 6.1). Under the amended practice direction two further subparagraphs are added to cover malicious falsehood and privacy claims (see the PD Update document).
Continue reading

News: Conditional Fees – the Government Responds to the Consultation

The Government has published its “Response to proposals for reform of civil litigation funding and costs in England and Wales”. It has decided to implement the reforms to no win no fee conditional fee agreements (CFAs), proposed as a package of measures by Lord Justice Jackson.   Under these proposals “success fees” and “After the Event” (ATE) insurance premiums will no longer be recoverable from the other party to litigation.  Instead, any success fee will be paid by the CFA funded party.  Continue reading

Law and Media Round Up – 28 March 2011

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

Liberal Democrat MPs continue their parliamentary activity in the field of media law.   On 17 March 2011,  John Hemming MP – who recently disclosed information covered by a High Court injunction Continue reading

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