Transparency in the Court of Protection – Julie Doughty

30 04 2015

bobjagendorfflickrThe Court of Protection was established by the Mental Capacity Act 2005 to make decisions about the care and treatment of people who lack mental capacity because of conditions like dementia, or have learning disabilities or mental health problems. These cases often encompass socially and politically sensitive issues. Read the rest of this entry »

United States: The “Homewrecker,” the Blog and Stalking – Susan Brenner

30 04 2015

Rowlandson_-_Stolen_KissesThis post concerns an opinion is from judges who sit in the District Court of Appeals of Florida –Second District:  Leach v. Kersey, 2015 WL 1740907 (2015).  The Court of Appeals begins the opinion by explaining that “Melissa Leach appeals a final judgment of injunction for protection against stalking entered in favor of Tara Michelle Kersey.”  Read the rest of this entry »

IPSO: the Inconvenient Truth, Part One – Jonathan Coad

29 04 2015

IPSOOf making enemies Winston Churchill said; “You have enemies? Good. That means you’ve stood up for something, sometime in your life.” Of making criticism Abraham Lincoln said; “He has a right to criticize, who has a heart to help.” Both of these nuggets of wisdom are apposite to my newly acquired foe for whom I had a heart to help; IPSO. Read the rest of this entry »

Case Law: Aitken v DPP, Former Editor loses appeal over section 39 order breach – Mike Dodd

29 04 2015

aitkenbrianIn the case of Aitken v DPP ([2015] EWHC 1079 (Admin)) the Divisional Court dismissed a former editor’s appeal against a conviction for publishing a story which breached an anonymity order under section 39 of the Children and Young Persons Act 1933.  Read the rest of this entry »

News: Powers of High Court Masters and District Judges to Grant Injunctions Significantly Extended – Antonia Gold

28 04 2015

Royal-Courts-of-JusticeOn 6 April 2015, the power of Masters and District Judges in the High Court to grant injunctions was significantly extended. This is the effect of amendments to Practice Direction 2B to the Civil Procedure Rules, which deals with the allocation of cases to different levels of the judiciary. Read the rest of this entry »

Re-evaluating Campbell v MGN: Great Promise Unfulfilled – Paul Wragg

28 04 2015

gazetteIt is now over ten years since the landmark decision in Campbell v MGN Ltd ([2004] 2 AC 457) established the misuse of private information (“MOPI”) tort (any lingering doubt that it might not be a tort has been eradicated by the Court of Appeal decision in Vidal-Hall v Google Inc [2015] EWCA Civ 311).  Read the rest of this entry »

Privy Council: Pinard-Byrne v Linton, Hearing of Defamation Appeal in “Reynolds” case

27 04 2015

Judicial_Committee_of_the_Privy_Council_-_Court_3As we noted in our weekly Law and Media Round Up, on 22 April 2015 the Judicial Committee of the Privy Council heard a libel appeal from Dominica in the case of Pinard-Byrne v Linton. The plaintiff is seeking to overturn a judgment of the the Court of Appeal of the Commonwealth of Dominica that the publications were protected by Reynolds qualified privilege (25 March 2013 [pdf]). Read the rest of this entry »

News: Privacy injunction granted against the Daily Mail, second media privacy injunction of 2015 [Corrected]

27 04 2015

male-female-silhouetteOn 24 April 2015 Mr Justice Warby granted a two claimants a privacy injunction against Associated Newspapers Limited, the publishers of the Daily Mail.  The injunction restrained the threatened publication of information concerning a personal private and confidential relationship between the claimants. Read the rest of this entry »

Law and Media Round Up – 27 April 2015

27 04 2015

New Round UpWe begin with three cases dealt with by the courts this week.  First On 24 April 2015, Jeremy Baker J handed down judgment in Asghar & Mujahid v Ahmad, Ali, Bhutt and Hayat ([2015] EWHC 1118 (QB)). The judge found that the claimants had been defamed by the Fourth Defendant, Mr Hayat, on a website and in a dossier of documents.  The defence of qualified privilege was unsuccessful and, in any event, the judge found that he was actuated by malice. The Claimants were each awarded £45,000 damages. Read the rest of this entry »

Case Law: Warwickshire County Council v Matalia, Injunction to prevent publication of 11+ information – Iona Millership

26 04 2015

Warwickshire-County-CouncilIn Warwickshire County Council v Matalia ([2015] EWHC B4 (Ch)), Warwickshire County Council was granted an injunction by the High Court to prevent the defendant, Mr Matalia, from publishing information about the Birmingham 11 + exam to a website registered to him. Read the rest of this entry »