The police knew it all in 2006 but they hid their knowledge. Why? – Brian Cathcart

27 02 2012

Some history has been rewritten for us this morning at the Leveson inquiry. For years we have been given to understand that the material seized from Glenn Mulcaire in August 2006 was confused and barely penetrable. The Metropolitan Police were slow to realise the scale and depth of the hacking problem, it was always said, because they didn’t know. And they didn’t know in large measure because they did not spare the resources required to work through three bin bags of chaotic and obscurely-written paperwork. Read the rest of this entry »





Grand Chamber Seeks to Clarify Balancing of Article 10 and Article 8 – Rónán Ó Fathaigh

27 02 2012

The Grand Chamber of the European Court delivered two judgments recently concerning the appropriate balancing exercise where there is a conflict between the right to freedom of expression and the right to respect for private life. The judgments in Von Hannover (No. 2) v. Germany and Axel Springer v. Germany both concerned publication by newspapers of various details of well-know figures. Of the two, Axel Springer is arguably of more significance, and resulted in a divided Grand Chamber (12-5 majority) finding a violation of Article 10. Read the rest of this entry »





Case Law: Sugar v BBC, battle for the Balen Report results in bitter sweet BBC victory – Sara Mansoori and Claire Darwin

27 02 2012

In the long-running case of Sugar (Deceased) v British Broadcasting Corporation [2012] UKSC 4, the Supreme Court had to determine to what extent the Freedom of Information Act 2000 (“the Act”) applies to information held by the BBC for journalistic purposes. This was the second time that the case had reached the highest court, the first time being in February 2009 when the House of Lords allowed Mr Sugar’s appeal and held that even in relation to a FOI request that was beyond the scope of the Act, the BBC remained a public authority for the purposes of the Act. Read the rest of this entry »





Law and Media Round Up – 27 February 2012

27 02 2012

The “Sun on Sunday” has launched, complete with ‘Readers’ Champion’. The Independent on Sunday has published a report suggesting that the launch may have been brought forward ahead of potentially damaging revelations about News International, as the Leveson Inquiry moves forward into module two (the relationship between the press and the police). Read the rest of this entry »