Case Law: AMP v Persons Unknown, Injunction 4 sex pics on mob – Rosalind English

13 01 2012

If you lose your mobile phone with highly confidential and private information on it, all may not be lost. The unscrupulous finder may be prevented from blurting its contents all over the web, even if the identity of that person is unknown to you or the court. It requires considerable input of computer expertise, but it is possible, as the case of AMP v Persons Unknown (cleverly taken in the Technology and Construction Court) illustrates.

The applicant’s mobile phone was reported to the police as stolen after she lost it at university in 2008. It contained digital images of an explicit sexual nature which were taken for the personal use of her boyfriend at the time. The applicant was alone in the photos and her face was clearly visible. Read the rest of this entry »

Defamation Actions in 2011: Statements in Open Court

13 01 2012

In a post earlier this week we considered the final hearings in defamation claims in 2011.  But not all defamation cases are dealt with at hearings or trials.  A substantial number were settled by the defendant agreeing to pay damages and costs and making a statement in open court.   With the invaluable assistance of Mr Benjamin Pell we have now identified 24 (not the 15 mentioned in our earlier post).  This substantially down from 46 statements made in 2010 (see our January 2010 post on the disposal of defamation actions).   In contrast to the determinations by the courts, the large majority of these (21 out of 24) involved the mainstream media.  There is a list of statements in open court at the bottom of this post. Read the rest of this entry »