Case Law: Brett Wilson LLP v Persons Unknown, corporate damages and injunction against unknown operators of website – Hugh Tomlinson QC

21 09 2015

Solicitors from HellIn the case of Brett Wilson LLP v Persons Unknown ([2015] EWHC 2628 (QB))(16 September 2015) Warby J granted a permanent injunction against the unknown operators of the “Solicitors from Hell UK” website.  He also awarded damages of £10,000.  This is the first case under the Defamation Act 2013 in which a court has made an award of damages to a “body that trades for profit”. Read the rest of this entry »





Future of the BBC: why the ‘market failure’ model is a flop in broadcasting – Justin Lewis

20 09 2015

BBCFor any fans of the BBC – and that would include the 59% of Britons who say it is the source they are most likely to turn to for accurate news coverage or, for that matter, the 34% of Americans who told Pew last year they turn first to the BBC for their news – then the government’s green paper on the future of the UK’s public broadcaster will come as worrying news. Read the rest of this entry »





Confidence, privacy and a question of fax: butler’s claim can’t be struck out – Jeremy Phillips

19 09 2015

Burrell BookOf note on account of the fact that it pitches one seasoned manipulator of the media against another is Paul Burrell v Max Clifford [2015] EWHC 2001 (Ch),  a High Court, Chancery Division, decision from England and Wales, delivered by Mr Justice Mann on 25 June 2015. This blogpost is based on a note on subscription-based service Lawtel; the full judgment has not yet been uploaded on to BAILII. Read the rest of this entry »





Libels, damned libels and statistics – Andrew Stephenson

18 09 2015

StatisticsCould it be that suing for defamation is back in fashion? Despite predictions that the Defamation Act 2013 would lead to a decrease in the number of claims, statistics now show a whopping 60 per cent increase in the number of defamation claims issued in London in 2014 compared to the year before. Read the rest of this entry »





Can Online Dispute Resolution deliver better access to justice – Judith Townend

17 09 2015

Hanshake-by-Aidan-JonesProfessor Richard Susskind OBE is well known within the legal profession for his numerous books predicting a dramatic transformation in legal practice, and calling for an overhaul of 21st century lawyering. Read the rest of this entry »





Internet intermediaries: How are you? What do you do? What the European Commission has to say – Sophie Stalla-Bourdillon

16 09 2015

EU_Commission_buildingWhile waiting to discuss with representatives of the European Commission at the first iCLIC Conference this week the implications of its Digital Single Market Strategy for Europe – as well as waiting for the issuing of the Commission’s forthcoming ‘public consultation on the regulatory environment for platforms, online intermediaries, data and cloud computing and the collaborative economy’ about to be published (already leaked by Politico here) – it is worth asking the question again ‘what is an Internet intermediary?’ Or, to use the language of the Commission, ‘what is an “Intermediary Service Provider” (abbreviated ‘ISP’)?’ Read the rest of this entry »






Toxic triangle: how government and commercial media ganged up on BBC – Richard Tait

14 09 2015

BBCThe 2011 Parliament Act has been bad news for the BBC. It means the two periods of maximum potential political intervention in the BBC. Charter renewal every ten years and licence fee negotiations every five now coincide almost exactly with the dates of UK general elections and will do so for the foreseeable future. Read the rest of this entry »





United States: The Lawyer, Avvo and the Anonymous Review – Susan Brenner

13 09 2015

Courtroom,_United_States_Courthouse,_Sioux_City,_IowaThis post is about Deborah Thomson, a Florida attorney who “brought a defamation suit against Doe, an anonymous poster who wrote a negative review of Thomson on Avvo.com.”  Thomson v. Doe, 2015 WL 4086923 (Court of Appeals of Washington 2015). Read the rest of this entry »





The Beeb, the bias and the bashing – Ivor Gaber

12 09 2015

BBC Election ResultsMy entry for the prize for the most unsurprising allegation of 2015 was the uncannily similar complaints that emanated from a number of Conservative MPs who claimed that the BBC’s reporting of the general election had been overtly pro-Labour (fat lot of good it did them, one might opine). Read the rest of this entry »