This was a busy week in the Courts. The most important case was the “celebrity threesome” case of PJS v News Group Newspapers. On Monday 18 April 2016, the Court of Appeal (Jackson, King and Simon LJJ) decided that the injunction should be discharged ([2016] EWCA Civ 393).
We had a post about the Court of Appeal decision and there was also a case comment on the 5RB website. The was a discussion of the case on the Collyer Bristow website by Kate MacMillan.
However, the Court of Appeal agreed to continue the injunction for 2 days pending an application to the Supreme Court by the claimant. This application was duly made and, with unprecedented speed, the Supreme Court agreed to hear a rolled up application for permission to appeal and appeal on Thursday 21 April 2016. We had a post about the hearing. Judgment was reserved and the injunction continues until hand down.
The Law Society Gazette has an interesting piece by Marialuisa Taddia surveying the present state of media and defamation law, “The media, defamation and lawyers”.
Data Protection and Data Privacy
On 14 April 2016, the European Parliament formally adopted the General Data Protection Regulation. The press release can be found here. On 18 April 2016, the Commission launched a public consultation on the revision of the e-Privacy Directive.
Last Week in the Courts
On Monday 18 April 2016, the Court of Appeal (Jackson, King and Simon LJJ) gave judgment in the case of PJS v News Group Newspapers ([2016] EWCA Civ 393). As already mentioned, the application was allowed but discharge of the injunction was stayed pending an application to the Supreme Court which took place on 21 April 2016 (see below).
On 18 and 19 April 2016 Warby J heard the trial in the libel case of Undre & anr v The London Borough of Harrow. Judgment was reserved.
On 19 April 2016, Nicol J also handed down judgment in the case of Axon v Ministry of Defence [2016] EWHC 883 (QB) dealing with issues of costs.
On the same day Mann J handed down judgment in the case of 8 Representative Claimants & Ors v MGN Ltd [2016] EWHC 855 (Ch). He held that on the basis of binding English authority, the English legislative regime which permits the recovery of the additional liabilities is not incompatible with Article 10 of the Convention and that, in any event, MGN was not entitled to rely on any incompatibility. He also agreed to grant a leapfrog certificate so that the issues could potentially be considered by the Supreme Court at the same time as the appeal in Flood v Times Newspapers.
On Wednesday 20 April 2016, Warby J gave judgment in the slander case of Umeyor v Ibe [2016] EWHC 862 (QB). The claim was dismissed, the claimant having failed to establish that the defendant spoke the words complained of. In any event, the statement complained of was not actionable in slander and was published on an occasion of qualified privilege.
On the same day the same judge heard a PTR in the case of Bloor v Beresford & anr.
On Thursday 21 April 2016, the Supreme Court heard a “rolled up” application for permission and appeal in the case of PJS v News Group Newspapers. Judgment was reserved.
On Friday 22 April 2016, the Court of Appeal (Sharp and Hamblen LJJ) heard an application for permission to appeal in the case of Sloutsker v Romanova. Permission was refused.
Next Week in the Courts.
On 26 April 2016, there will be a PTR in the case of Ghuman v Ghuman.
On 27 April 2016, there will be an application in the case of ZAM v TFW & ors
Judgments
The following reserved judgments in media law cases are outstanding:
CG v Facebook Ireland Limited, heard 4 and 5 April 2016 (Morgan LCJ, Gillen and Weatherup LJJ)(Northern Ireland Court of Appeal)
Undre & anr v The London Borough of Harrow, heard 18 and 19 April 2016 (Warby J)
PJS v News Group Newspapers, heard 21 April 2016 (UK Supreme Court)
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