Ireland: Denis O’Brien’s libel case against the Sunday Business Post should never have reached the High Court – Eoin O’Dell

10 03 2019

In last week’s Sunday Business Post (as trailed on the front cover, here; element right), I have an OpEd [doc] in which I argue that O’Brien’s case should never have reached the High Court, and that the Department of Justice needs to publish its review of the Defamation Act as soon as possible (you can download it below). Read the rest of this entry »





Case Law: Grayling v North, Brexiteer ordered to pay philosopher £20,000 in libel damages for paedophile tweet – Iain Wilson

9 03 2019

Peter North, former UKIP parliamentary candidate and founder of the Brexit-supporting Leave Alliance, has been ordered to pay philosopher and academic AC Grayling £20,000 in libel damages after tweeting an allegation that Professor Grayling was in possession of child pornography. Read the rest of this entry »





Defamation Reform in Australia: Rearranging the deckchairs – Judith Gibson

7 03 2019

The Council of Attorneys General Review of Model Defamation Discussion Paper was released on 25 February 2019. The Discussion Paper sets out a list of 18 questions, as a guide to the areas of interest to be discussed, and invites submissions, which are due by April 30, 2019. Read the rest of this entry »





An allegation of dishonesty: A statement of fact or the expression of opinion? – Tom Double

6 03 2019

In a number of recent libel cases, the court has encouraged parties to apply prior to the service of a defence for a preliminary issue trial where the meaning of the words complained of is in dispute. Read the rest of this entry »





Defamation Reform in Australia: Round One, Lots to discuss – Janek Drevikovsky

2 03 2019

On 26 February 2019 the Council of Attorneys General released a discussion paper on Australia’s defamation laws, part of the process of reforming the uniform national scheme. Read the rest of this entry »





Case Law, Australia: Cummings v Fairfax, Horse trainer’s claims scratched – Justin Castelan

27 02 2019

Anthony Cummings and his company, Anthony Cummings Thoroughbreds Pty Ltd, train horses. They sued Fairfax Digital, The Age, Fairfax Media and a journalist, Kate Leahy, in respect of 3 articles published online on 25 February 2010 and a poster advertising a front-page article published in the Sydney Morning Herald, also on that day. Read the rest of this entry »





Morgan v Associated Newspapers: libel claim settled with apology, substantial charity payment and Statement in Open Court, Four lessons learned for libel practitioners – Matt Himsworth

20 02 2019

Steve Morgan C.B.E. is an impressive individual. As a young man in the 1970s working for Wellington Civil Engineering, a business that was going to the wall, he borrowed £5,000 and took over one of Wellington’s contracts to put sewers in in Penley, near Wrexham. Fast forward to 2019 and he retires from his business Redrow PLC this year with the housebuilding firm valued at £2.2 billion. Read the rest of this entry »





Defamation Practice Update: Determination of Meaning before Defence – Kirsten Sjøvoll

14 02 2019

A series of recent decisions make it clear that, if meaning is an issue in dispute in a defamation action, there should ordinarily be a trial of meaning as a preliminary issue before the service of the defence. This is an important change in practice. Read the rest of this entry »





Canada: Internet Defamation, “Diaspora damages” or damage in a “tightly knit ethnic community” – David Potts

9 02 2019

Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French. Read the rest of this entry »





Case Law: Burgon v News Group, Shadow Secretary of State for Justice successful in libel action against “Nazi symbols” allegation – Persephone Bridgman Baker

7 02 2019

The case of Richard Burgon MP v. News Group Newspapers Limited and Thomas Newton Dunn ([2019] EWHC 195 (QB)) was a libel claim relating to an online article published by The Sun, which made allegations that the MP for Leeds East and Shadow Justice Secretary had joined a band that delighted in Nazi symbols.  It was common ground at trial that the Defendants did not believe that Mr Burgon was a Nazi nor were there any grounds to believe as such. Read the rest of this entry »