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Category: Caselaw (Page 1 of 24)

Case Law: Gilham v MGN, Primary school teacher awarded £49,000 compensation after offer of amends -Mathilde Groppo

On 12 August 2020, HHJ Lewis sitting as a judge of the High Court handed down judgment in Gilham v MGN Ltd & Anor [2020] EWHC 2217 (QB). This was a Part 8 claim for the determination of compensation following the acceptance of a qualified offer of amends, which was issued pursuant to section 3(5) of the Defamation Act 1996. Mr Gilham was awarded £49,000 by way of compensation. Continue reading

Case Law: Strasbourg, Four Russian Cases on Internet Blocking, Findings of Violations of Articles 10 and 13

In four Russian cases, Vladimir Kharitonov v. Russia (application no. 10795/14), OOO Flavus and Others v. Russia (application nos 12468/15, 23489/15, and 19074/16), Bulgakov v. Russia (no. 20159/15), and Engels v. Russia (no. 61919/16) the Third Section of the Court of Human Rights held that the blocking of websites in Russia was a breach of Articles 10 and 13. Continue reading

Case Law, Strasbourg: Macovei v Romania, Defamation proceedings against Romanian MEP over anti-corruption comments violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. Continue reading

Case Law: Serafin v Malkiewicz: Supreme Court orders retrial ‘with deep regret’ and ‘a degree of embarrassment’ – Mathilde Groppo

On 3 June 2020 the Supreme Court handed down judgment in Serafin v Malkiewicz & Ors [2020] UKSC 23. The decision upheld the Court of Appeal’s finding of unfair trial, but considered that by ordering a remittal limited to the assessment of damages, the appellate judges had failed to address the consequences that should flow from this finding. Continue reading

Case Law, Strasbourg: Centre for Democracy and Rule of Law v Ukraine, Refusal to give access to ‘confidential’ information about politicians violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

On 26 March 2020, the European Court of Human Rights unanimously found that a refusal by the Ukrainian authorities to give a non-governmental organisation (NGO) access to information about the education and work history of top politicians as contained in their official CVs, filed as candidates for Parliament, violated the NGO’s right of access to public documents under Article 10 ECHR. Continue reading

Case Law: WM Morrison v Various Claimants, Supermarket not vicariously liable for mass data breach of employee – Ashley Hurst and Philip Kemp

In its judgment in the case of WM Morrison Supermarkets plc v Various Claimants ([2020] UKSC 12) handed down on 1 April 2020, the Supreme Court reversed the decision of the Court of Appeal and found that Morrisons was not vicariously liable for a rogue employee who posted payroll data of 100,000 other employees on a file-sharing website. Continue reading

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