Michaelmas Legal Term 2017: Media and Law Preview [Updated]

7 10 2017

The first term of the legal year, Michaelmas, began on 2 October and ends on 21 December 2017.  In this post we preview the media law trials  due to be heard this term and draw attention to some pending applications for permission to appeal.

Trials

We understand that there are 10 media law trials listed for this term:

17 October 2017, Brown v Bower & anr  listed for half a day, trial of preliminary issue as to meaning and defamatory tendency (see [2017] EMLR 24)

17 October 2017, Butt v Home Office  listed for half a day.  This is the hearing of a preliminary issue as to whether the words complained of are fact or comment.

18 October 2017, Soobhan v Bandal, listed for 3 days

24 October 2017, Decker v Hopcraft & anr  listed for 2 days.  For an earlier decision in this litigation see [2015] EWHC 1170 (QB)

26 October 2017, Ajaegbu v Anyanwu. listed for 1 day

30 October 2017, Serafin v Malkiewicz,  Listed for 10 days. A claim for libel and misuse of private information arising out of publication in a Polish language magazine.  The claim was issued on 13 January 2016. The Particulars of Claim are available on Lawtel.

7 November 2017, Jake Wallis Simons v Craig Murray, listed for 3 days. A claim by a journalist against a former British diplomat arising out of words spoken in a Sky News Interview.  The claim was issued 17 September 2016. The Particulars of Claim are available on Lawtel.

28 November 2017,  Pannu v Carter, listed for 2 days: a defamation claim issued on 16 September 2013.

6 December 2017, Ellis v Wigan Council,  listed for 3 days

6 December 2017, Williams v LB Croydon, listed for 2 days. A claim in libel for a declaration and damages issued on 9 September 2016.  The Particulars of Claim are available on Lawtel.

Appeals

We are not aware of any media law appeals listed for this term.  We draw attention to three appeals listed for 2018

30 January 2018, Stocker v Stocker

12 June 2018, Hourani v Thomson

The appeal in Stunt v Associated Newspapers (permission granted on 13 September 2017) has a “hear by” date of 26 July 2018.

Permission Applications

Applications for permission to appeal in the following case are awaiting decisions by the single judge

There is an application for permission to appeal to the Supreme Court by some of the defendant which is pending in the case of Lachaux v Independent Print

Strasbourg

On 7 November 2016, there will be a Chamber hearing in the joined case of Big Brother Watch and Others v. the United Kingdom (no. 58170/13), Bureau of Investigative Journalism and Alice Ross v. the United Kingdom (no. 62322/14) and 10 Human Rights Organisations and Others v. the United Kingdom (no. 24960/15) – which are challenges to the UK surveillance regime. See Statements of facts (nos. 58170/13 and 62322/14),  Statement of facts (no. 24960/15)

Reserved Judgments

The following reserved judgments after public hearings in media law cases are outstanding:

R (News Media Association) v Press Recognition Panel. 29 and 30 June 2017 (Rafferty LJ and Popplewell J).

Washington-Carty v Fisher, heard 14 July 2017 (HHJ Moloney QC)

David v Hosany,  heard 20, 21 and 24 July 2017 (HHJ Moloney QC)

Bukovsky v CPS, heard 5 October 2017 (Gross, Simon and Peter Jackson LJJ)

Please let us know if there are any hearings or applications which should be added to this preview.

*Inforrm would like to thank Benjamin Pell for his assistance in preparing this preview.


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7 10 2017

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