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Category: Caselaw (Page 1 of 25)

Case Law: Vardy v Rooney, Wagatha Christie: Court rules on strike out and summary judgment application – Adham Harker

The ‘Wagatha Christie litigation’, as it is affectionately known, is the fascinating case of mistrust between friends and a sting operation to find a leak.  Colleen Rooney (wife of footballer Wayne) became concerned that ‘stories’ she was publishing to her private Instagram account – to which only her actual friends had access – were being reported in the Sun newspaper. Continue reading

Case Law, Strasbourg: Hurbain v Belgium, Order to anonymise newspaper archive did not violate Article 10 – Hugh Tomlinson QC and Aidan Wills

In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading

Case Law, Strasbourg: LB v Hungary, The right to privacy used as a modern pillory – Liesa Keunen

The fourth section of the European Court of Human Rights (ECtHR) delivered a remarkable judgment in the case of L.B. v. Hungary (application no. 36345/16) on January 12, 2021). The publication of taxpayers’ personal data on the tax authority’s website for failing to fulfil their tax obligations constitutes no violation of the right to private life as established under Article 8 of the European Convention on Human Rights (ECHR). Continue reading

Case Law, Strasbourg: Dupate v Latvia, Publication of covert photographs of politician’s partner and baby violated Article 8 – Hugh Tomlinson QC

In the case of Dupate v Latvia ([2020] ECHR 819) the Fifth Section of the European Court of Human Rights held that the publication of covertly taken photographs of the partner of a politician leaving hospital with her newborn baby was a violation of her Article 8 rights.  Although the photographs were taken in a public place and were not humiliating there was no proper justification for their inclusion in the magazine article. Continue reading

Case Law: R v Nigel Wright: No anonymity for corporate victims in blackmail cases – Aidan Wills

In August 2020 Nigel Wright was convicted of blackmail and contaminating food in Tesco stores. He was subsequently sentenced to 14 years’ imprisonment. Wright blackmailed Tesco by demanding the payment of bitcoin to the value of approximately £1.4m, failing which he would refuse to identify in which stores he’d placed contaminated baby food and/or would place further contaminated food. He was also convicted of placing metal shards in baby food. Continue reading

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