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
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
Libel reform is in the air. The Government’s Draft Defamation Bill was released on 15 March 2011. The purpose of this post, which will be three parts, is to note some of the key cases over the last twelve months or so in England and Wales.
Defamation claims – some data
The number of libel claims started in 2009 was 298, up 15 from 284 in 2008. The Continue reading
Summary judgment was entered yesterday against Mr Rick Kordowski in another “Solicitors from Hell” case yesterday. The Devizes firm of Awdry, Bailey and Douglas and the head of its family law department, Adrian Bressington, applied for summary judgment and to strike out Mr Kordowski’s defence. Continue reading
The recent South African Constitutional Court judgment involving a schoolboy prank and the computer manipulation of their headmaster and deputy head, has raised some very tricky issues around laws of defamation. Dario Milo and Greg Palmer, who represented the “Klofies three” examine the judgment. 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.
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
Issues concerning access to government information are important for the media and of increasing concern to media lawyers. The right to receive information is an integral part of the right to freedom of expression and the two are expressly linked in most international human rights instruments. Continue reading