Spring 2015: Forthcoming Media and Law Hearings and Judgments [updated2]

The new legal term – Hilary Term – started yesterday and will end on 1 April 2015.  With the invaluable assistance of Mr Benjamin Pell we have prepared a list of the upcoming defamation and privacy trials, appeals and judgments.  We would be grateful to readers for information about any other listed or pending cases.  We will then update this post.

The first media and law case of the term is the hearing on 14 and 15 January 2015 of an application in the case of Mosley v Google Inc. Google is applying to set aside an order for service out of the jurisdiction of proceedings for misuse of private information and under the Data Protection Act 1998. This will be heard by Mitting J.

On 19 and 20 January 2015, the Supreme Court will hear the appeal in the case of OPO (by his litigation friend BHM) and another v MLA.  The panel will be Lord Neuberger  Lady Hale, Lord Clarke Lord Wilson and Lord Toulson.  The Supreme Court’s Case Details are here.  We had a comment about the decision of the Court of Appeal ([2014] EWCA Civ 1277) by Dan Tench, here.

Trials [updated]

There are two three libel trials this term:

• Rai v Bholowasia & anr  19 January 2015,  3-5 days (PTR was 4 December 2014 before His Honour Judge Seymour QC). The claimant claims damages for libel against the defendants in respect of six articles published in four editions of the second defendant’s weekly newspaper.
• Razzaq v Blackheath Jamia Mosque Trust & Others. 9 February 2015, 5 days (Birmingham District Registry).  The claimant claims in respect of memos issued by the defendant Mosque and its trustees. [update]
• Abbas v Yousuf  2 March  2-3 days 2 March 2015, (PTR was 18 December 2014 before Warby J). complains of words published in the issue of London Bangla dated 15-21 October 2010. There was a third party disclosure application in March 2014 ([2014] EWHC 662 (QB)).

There is one privacy trial

• SPA v TAS   2 March 2015  3-4 days .  An injunction was granted in this case on 24 April 2014 by Andrews J and was continued by Tugendhat J on 1 May 2014 ([2014] EWHC 1512 (QB)).  [Update2]  This case has settled

Appeals

There are two matters to be heard in the Court of Appeal

• Murray v Associated Newspapers Limited  20 or 21 January 2015 (5 hour appeal) Longmore, Ryder, Sharp LJJ.  The first instance decision by Tugendhat J was [2014] EWHC 1170 (QB)
• Vidal-Hall and Ors v Google Inc, this is part heard  8 December 2104 and resumes on 2 and 3 March 2015 before the Master of the Rolls, McFarlane and Sharp LJJ.  The case can be tracked on Case Tracker.  The first instance decision was  [2013] EWHC 3177 (QB) and we had a Case Comment at the time.

There is an oral renewal of a permission application in the case of  Contostavlos and Anr v Newsgroup Newspapers and Ors on 9 March 2015

Reserved Judgments

The following reserved judgment in domestic media law cases are outstanding

• R (Evans) v HM Attorney-General, heard 24 and 25 November 2014 (UK Supreme Court)
• ADA v XAA, heard 28 November 2014 (Jay J)
• Rufus v Elliott, heard 10 December 2014 (McCombe and Sharp LJJ and Mitting J)
• Cruddas v Calvert heard, 9, 10 and 11 December 2014 (Jackson, Ryder and Christopher Clarke LJJ)
• Ames & anr v The Spamhaus Project Ltd, heard 12 December 2014 (Warby J)
• Otuo v The Watchtower Bible & Tract Society of Britain, heard 12 December 2014 (Sir David Eady)

Court of Human Rights

There is one hearing in an Article 10 listed in the Grand Chamber of the Court of Human Rights for the period January to April 2015.

• Perinçek v Switzerland. The case concerns a conviction for denying the crime of genocide against the Armenian people.  On 17 December 2013, the held 5:2 that there had been a violation of Article 10.  The decision of the Second Section was on 13 December 2013 (available only in French) We had a comment on the decision by Dirk Voorhoof.  The hearing will take place on 28 January 2015.

Judgments are awaited in a number of Grand Chamber cases

• Morice v. France (no. 29369/10) – hearing 21 May 2014.  The decision of the Chamber was on 11 July 2013 (available only in French)
• Delfi AS v. Estonia (no. 64569/09) – hearing, 9 July 2014. The decision of the Chamber was on 10 October 2013.  We had posts about this decision from Gabrielle Guillemin and Graham Smith.
• Pentikäinen v. Finland (no. 11882/10) – hearing 17 December 2014.  The decision of the Fourth Section was on 4 February 2014. We had a post about this decision by Dirk Voorhoof.