Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Paul Magrath

9 07 2020

The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the McKenzie Friend to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself. Read the rest of this entry »





Latest Judicial Statistics, 2019: Issued defamation claims up by 22%, highest number since 1998

19 06 2020

The most recent annual Judicial Statistics – those for 2019 – again show a substantial increase in the number of issued defamation claims.  These are up by 22% on 2018 and 107% on 2017. Read the rest of this entry »





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 »





Australia: Media companies can now be held responsible for your dodgy comments – Michael Douglas

3 06 2020

Part of growing up is learning to take responsibility for the hurtful things you say. As a person who often says stupid things, I often need reminding. Defamation law reflects that lesson. When you say something that hurts another person, it can cost you. Read the rest of this entry »





Libel: Are meaning hearings the new norm? – Helena Shipman

21 04 2020

In libel actions, meaning is everything (or at least nearly everything).  While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion). 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 Preview: Serafin v Malkiewicz,”Public Interest” defence back in the Supreme Court with fair trial appeal – Persephone Bridgman Baker

12 03 2020

The Supreme Court will hear the libel appeal in Serafin v. Malkiewicz & Ors on 17 and 18 March 2020.  The panel will be Lord Reed, Lord Wilson, Lord Briggs, Lady Arden and Lord Kitchin.  The Appellant’s Case can be found here. [pdf] Read the rest of this entry »





Monthly International Round Up – Suneet Sharma

27 02 2020

This is the third 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 »