Inforrm Debate: Should libel jury trials be abolished? – Introduction

24 06 2012

The Defamation Bill 2012 has had its second reading and is now at the Committee Stage in the House of Commons.  The Committee has not yet reached clause 11 which is headed “Trial to be without a jury unless the court orders otherwise”.  This clause removes the right to jury trial in actions for libel and slander.  As a result, such actions are in the same category as all other claims: such actions “shall be tried without a jury unless the court in its discretion orders it to be tried with a jury” (section 69(3), Senior Courts Act 1981). Read the rest of this entry »





Case Law, Court of Human Rights, Kurier and Krone Verlag v Austria, no violation of Article 10 in case involving a child – Hugh Tomlinson QC

24 06 2012

On 19 June 2012 in the cases of Kurier Zeitungsverlag und Druckerei  GmbH (No. 2) v. Austria (Application no. 1593/06) and Krone Verlag GmbH v. Austria (no. 27306/07), the First Section of the European Court of Human Rights In Chamber judgments held that there had been no violation of Article 10 in two cases in which newspapers had revealed the identity of a child and published photographs from which he could be recognised.  The publications were an interference with the child’s private life, and that the compensation of €9,000  and €130,000 was proportionate. Read the rest of this entry »