Case Law: ZXC v Bloomberg, Publication of investigation into businessman was a misuse of private information – Nathan Capone

3 06 2019

In the case of ZXC v Bloomberg LP ([2019] EWHC 970 (QB)) a businessman was awarded damages of £25,000 for misuse of private information after media organisation Bloomberg published an article citing confidential information obtained from a UK law enforcement agency which identified the businessman. Read the rest of this entry »





Case Law: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe

14 05 2019

In a judgment handed down on 19 March 2019 (Høiness v Norway, no 43624/14), the European Court of Human Rights (“ECtHR”) refused to impose liability on an Internet forum for anonymous comments that had been published on its site. Read the rest of this entry »





Anonymity and a Vulnerable Individual: The Troubling Case of Justyna – Valerie Eliot Smith

11 05 2019

On 8 March 2019, interim judgment was handed down in the apparently unremarkable case of Justyna Zeromska-Smith v United Lincolnshire Hospital Trust [2019] EWHC 552(QB). The decision appears to have been based on the following reasoning: Read the rest of this entry »





Facebook wants to combat fake news with ID checks: with ‘grave implications’ for our privacy – Fadi Safieddine

10 05 2019

File 20190508 183089 yzl5t8.jpg?ixlib=rb 1.1

The last time I recall someone demanding: “Show me your ID” was on the streets of Beirut during the final days of the civil war. Now, I get the same thing when I log into Facebook. Read the rest of this entry »





Straining the Alphabet Soup: Part 2, Drafting anonymity orders – Angus McCullough QC

8 05 2019

In Part 1 we looked at the circumstances in which a court may be prepared to grant anonymity in personal injury proceedings, and the applicable principles. In Part 2 I consider practical issues in the drafting of these orders, and problems encountered in this. Read the rest of this entry »





Straining the Alphabet Soup: Part 1, Anonymity orders in Personal Injury proceedings – Angus McCullough QC

7 05 2019

Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings. Read the rest of this entry »





Practice Update: New rules on Hearings and the Publication of Orders for Anonymity and Private Hearings – Aidan Wills

29 04 2019

On 6 April 2019 an amended version of the rule governing hearings, CPR 39, came into force. The changes are intended to reinforce the principles of open justice.  The changes follow a consultation conducted by the Ministry of Justice in 2018. Read the rest of this entry »





Case Law Update: Five recent media law judgments

25 04 2019

In the last week of the Hilary Legal Term, after our last weekly round up, five media law judgments were handed down.  Two by the Court of Appeal and three at first instance.  These deal with a number of important issues, particularly in the field of privacy. Read the rest of this entry »





Case Law: Ali v Channel 5, Can’t pay? Court of Appeal does not take claimants’ damages away (but neither will it increase them) – Tom Double

24 04 2019

In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Read the rest of this entry »





74 screens of legalese don’t protect your data: here’s a blueprint for new laws that could make a difference – Fred H Cate

20 04 2019

File 20190409 2912 1wuiuu0.jpg?ixlib=rb 1.1All over the world, government officials are trying to figure out how to craft laws and regulations about privacy – especially for digital data and online activity. The European Union’s General Data Protection Regulation took effect in May 2018; about a month later, California’s new Consumer Privacy Act did too. Both impose stringent new legal requirements on organizations that collect and use personal data. Read the rest of this entry »