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Category: Caselaw (Page 1 of 28)

Case Law, Australia: Waller (a pseudonym) v Barrett (a pseudonym), A common law tort of invasion of privacy – Tom Carmody

county court victoria 2 1200x676After a gap of nearly twenty years, another judge of the County Court of Victoria has recognised the existence of a common law tort for the invasion of privacy in Waller (a pseudonym) v Barrett (a pseudonym) [2024] VCC 962 (‘Waller’). This represents a striking development in the common law of Australia and, notably, arose only weeks before the Second Reading of a Commonwealth Bill that proposes to introduce a statutory tort for serious invasions of privacy into Australian legal landscape. Continue reading

Case Law: Harcombe and Kendrick vs Associated Newspapers, Public interest defence dismissed – Claire Gill

DR ELLIE CANNON: Mum had a stroke in her 80s... will statins help me avoid one? | Daily Mail OnlineOn 25 June 2024,  after a complex preliminary issues trial, Mr Justice Nicklin handed down judgment in the case of Harcombe and Kendrick v Associated Newspapers [2024] EWHC 1523 (KB), dismissing a public interest defence advanced by the publishers of The Mail on Sunday and its health editor, in a libel claim brought against them by Dr Zoë Harcombe and Dr Malcolm Kendrick. Continue reading

Case Law: Blake v Fox: Racist, Paedophile, fact or opinion? – Floyd Alexander-Hunt

On 25 August 2023, the Court of Appeal (Nicola Davies, Arnold and Warby LJJ) handed down judgment in Blake & ors v Fox [2023] EWCA Civ 1000. The Court dismissed an appeal against Nicklin J’s findings in the High Court in respect to the natural and ordinary meaning of five (out of six) tweets regarding accusations of racism and paedophilia ([2022] EWHC 3542 (KB)). This libel case provides useful analysis for distinguishing statements of fact from opinion and is a cautionary reminder against grouping statements together when there are multiple claimants. Continue reading

Case Comment: LCG v OVD, Privacy and harassment trial, lessons to be learned – Persephone Bridgman Baker and Catriona Grew

On 15 August 2023 Collins Rice J handed down judgment in LCG v OVD [2023] EWHC 2058 (KB). This note does not set out to analyse in detail the complex factual matrix set out in the lengthy judgment, but seeks to address the key practical takeaways from the case on (i) procedural issues (ii) evidential issues (iii) application of privacy law in a social media context, and (iv) the status of the law on harassment. Continue reading

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