Imperfect solutions for access to justice -success fees are no longer recoverable in English defamation and privacy cases – Suneet Sharma

12 12 2018

On 29 November 2018, the Government published its response to the 2013 consultation on costs protection in defamation and privacy claims. In particular, the written statement by the Lord Chancellor and Secretary of State for Justice summarizes the amendments to costs provisions, raising access to justice concerns. Read the rest of this entry »





Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray

7 12 2018

A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed  Read the rest of this entry »





Case Law: Economou v de Freitas, Court of Appeal guidance on “public interest” defence – Dominic Garner

5 12 2018

On 21 November the Court of Appeal delivered a major decision on the statutory public interest defence for defamation claims, in the case of Alexander Economou v David de Freitas [2018] EWCA Civ 2591. Read the rest of this entry »





(Don’t) Think Before You Retweet? – Ed Klaris and Alexia Bedat

20 11 2018

Every second, on average, 6,000 tweets are published on Twitter – that’s 500 million tweets per day. Of these millions of tweeters, how many are considering defamation law when they retweet? Probably not many. And yet, one click of a button could land you into legal trouble. Read the rest of this entry »





Case Law, Australia: Jones & Australian Shareholder Centre PL v Aussie Networks PL & Eiby, Share trader’s defamation claims collapse – Justin Castelan

18 11 2018

The first defendant owned and ran an internet forum, Aussie Stock Forums, used to discuss topics related to the stock market and investments. The second defendant was its sole director and shareholder. He left a comment on the forum in response to a request for information about Australian Shareholder Centre PL (ASC), who, together with its owner, Mr Jones, ultimately sued him and the website owner for defamation, injurious falsehood and misleading or deceptive conduct in contravention of the Australian Consumer Law. Read the rest of this entry »





Case Law: Price v MGN, “Disgraced” chief constable’s libel claim not an abuse – Mathilde Groppo

14 11 2018

On 8 November 2018, Mr Justice Warby handed down judgment in the case of Price v MGN Ltd [2018] EWHC 3014 (QB). The proceedings relate to three articles (copies of which are annexed [pdf] to the judgment) which made serious imputations about the Claimant’s alleged participation in the illegal accessing of the mobile phone records of journalists who were investigating him when he was the Chief Constable of Cleveland Police (the “Interception Meanings”). Read the rest of this entry »





Case Preview: Lachaux v Independent Print, Supreme Court to hear “serious harm” appeal – Mathilde Groppo

6 11 2018

On Tuesday and Wednesday 13 and 14 November 2018, the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear the appeal in Lachaux (Respondent) v Independent Print Limited and another (Appellants) UKSC 2017/0175, against the Court of Appeal decision of Davis LJ, with whom MacFarlane and Sharp LJJ concurred ([2017] EWCA Civ 1334). Read the rest of this entry »