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

9 06 2020

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. Read the rest of this entry »





Case Law: Sube v News Group Newspapers, Harassment claims against media publishers dismissed – Tim James-Matthews

27 05 2020

The case of Sube v News Group Newspapers is a rare claim for harassment brought against a media publisher – only the second such claim to have proceeded to trial in England and Wales. In a judgment handed down on 7 May 2020 ([2020] EWHC 1125 (QB)), Warby J dismissed the claims brought against News Group and Express Group. Read the rest of this entry »





Case Law: PA Media Group v LB of Haringey, Journalists persuade Judge to change his mind and name criticised local authority – Lucy Reed

21 05 2020

We wrote about this case last week.  We said “watch this space” Now, we bring you part two… The judge has changed his mind after the intervention of two journalists : the Transparency Project’s Louise Tickle and Press Association journalist Brian Farmer. Read the rest of this entry »





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

3 05 2020

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. Read the rest of this entry »





Case Comment: BVG v LAR, Summary judgment in privacy and harassment case – Mathilde Groppo and Persephone Bridgman-Baker

28 04 2020

On 21 April 2020, Nicol J granted summary judgment in a matter involving the online publication of covert recordings of intimate footage featuring both parties to the proceedings (BVG v LAR [2020] EWHC 931 (QB)). Read the rest of this entry »





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

2 04 2020

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. Read the rest of this entry »





Case Law, Strasbourg: Studio Monitori v. Georgia: access to public documents must be ‘instrumental’ for the right to freedom of expression – Dirk Voorhoof and Ronan Ó Fathaigh

28 03 2020

In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) can only be invoked in order to obtain access to public documents when a set of conditions are fulfilled. Read the rest of this entry »





Case Law, Strasbourg: Magyar Kétfarkú Kutya Párt (MKKP) v. Hungary: Technology meets freedom of expression and the rule of law in an electoral context – Petra Gyöngyi

25 03 2020

On 20 January 2020, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered a final decision in the case of Magyar Kétfarkú Kutya Párt (MKKP) v Hungary. Read the rest of this entry »





Monthly International Round Up – Suneet Sharma

24 03 2020

This is the fourth instalment in a regular new series from Inforrm highlighting press and case reports of new media and information cases from around the world.  It is intended to complement our United States: Monthly Round Up posts.  Please let us know if there are other cases and jurisdictions which we should be covering. Read the rest of this entry »





Case Law, Australia: Tsamis v State of Victoria, Inflation night-club owner wins $90,000 for police slur – Justin Castelan

21 02 2020

Martha Tsamis has worked in the nightclub industry for around 30 years and is the manager of the Inflation night-club in Melbourne. In October 2013, the police brought an application to restrict Inflation’s trading hours (LCRA proceeding). The evidence was that the police brought this in an attempt to reduce the incidence of drug overdoses, improve community safety and give people confidence that ‘licensed premises’ were not ‘drug dens’. The statement in the police application referred to 59 incidents that occurred at the venue. Read the rest of this entry »