The most striking legal story of the week was the reporting of the Administrative Court’s ruling on Article 50 and the Royal Prerogative ([2016] EWHC 2768 (Admin)). Hysteria broke out across the Europhobic tabloid press with the judges being dubbed “the enemies of the people”. Continue reading
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In the case of Douglas v McLernon ([2016] WASC 320), the Supreme Court of Western Australia awarded its highest level of general damages to date and has granted a permanent injunction as a result of the “brazen content” of a series of defamatory online publications. Continue reading
Not only has the digital age drastically changed our modes of communication, but the proliferation of the Internet has effectively expanded the global publisher population. Gone are the days when publishers only worked for large, corporate publishing houses. Nowadays, everyone is a publisher, and thereby a critic. Continue reading
A cross section of over 50 faith leaders, civil society leaders and other leading figures have signed a joint letter to Paul Dacre, editor of the Daily Mail, in response to the paper’s divisive reporting on dangerous driving this week, which targeted ‘foreign’ truckers. Continue reading
Some of the reaction to the Article 50 judgment in the High Court is frankly frightening. Do pro-Brexit politicians and journalists attach any value at all to what we call the “rule of law” or the “independence of the judiciary”? Or are they out simply to bully the court’s judges and whip up hatred against them? Continue reading
In the case of The Right Honourable The Countess of Caledon v The Commissioner of Police for the Metropolis and another [2016] EWHC 2214 (QB), the Applicant, the Rt Hon the Countess of Caledon, failed to satisfy both stages of the test to obtain a Norwich Pharmacal Order (‘NPO’) against the Commissioner of Police for the Metropolis (the ‘MPS’) for disclosure of information. Continue reading
The ghostly guise of Snapchat, as the ephemeral app, where photos magically disappear within a maximum of ten seconds, is somewhat ironic. Why? The very simple answer is: photos and videos posted onto Snapchat, are not immune to the eternal nature of social media, akin to any content, in whatever form that is posted onto Facebook, Twitter, Instagram, and Ask.fm. The list goes on. Continue reading
The case of R (Interim Board of X) v Ofsted ([2016] EWHC 2004 (Admin)) provides a useful guide for public authorities and claimants who may be involved in public law injunctions. The case sets out what a claimant must establish to restrain publication of potentially contentious reports, on an interim basis, and how there are additional hurdles to overcome compared to private law cases. Continue reading
The Tánaiste and Minister for Justice and Equality has announced a review of the operation of the Defamation Act 2009 (also here), and is now inviting contributions and submissions by 31 December 2016. This is excellent news. Continue reading
The case of TLT v Secretary for Home Department ([2016] EWHC 2217 (QB)) concerned the quantification of damages for data breaches. In October 2013, the Home Office published statistics on its family returns process, the means by which children with no right to remain in the UK are sent back to their country of origin. Continue reading
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