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Category: Caselaw (Page 1 of 25)

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

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: R (on the application of Bridges) v Chief Constable of South Wales, Police use of “automatic facial recognition technology unlawful – Hugh Tomlinson QC

In the case of R (on the application of Bridges) v Chief Constable of South Wales Police ([2020] EWCA Civ 1058) the Court of Appeal held that the live automated facial recognition technology (“AFR”) used by the South Wales Police Force (“SWP”) was unlawful as it was not “in accordance with law” for the purposes of Article 8 of the ECHR. 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

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