One issue in George v Cannell ([2024] UKSC 19) was whether damages for injury to the claimant’s feelings in the absence of financial loss are recoverable. It is a fascinating case because the SC divided 3 : 2 against, and because the decision pits the rigour of the majority’s logic against the utilitarianism of the minority’s common sense, two values that ought not to – and do not often – come into conflict in the law. Continue reading
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WikiLeaks founder Julian Assange was released from a British prison last week for a remote Pacific island, where he plead guilty to a conspiracy charge as part of a plea deal with the US Justice Department on Tuesday 25 June 2024. The agreement will free Assange and end the years long legal battle over the publication of classified documents. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
On 20 June 2024, the Supreme Court handed down judgement in the case of Mueen-Uddin v SSHD [2024] UKSC 21. The defamation claim concerned a 2019 report titled ‘Challenging Hateful Extremism’, which was published by the Home Office, and contained a footnote referring to the Appellant’s conviction by the International Crimes Tribunal (ICT) in Bangladesh for crimes against humanity. The claimant has always denied the allegations and was convicted in absentia without the possibility of appeal. The High Court struck out the claim as an abuse of process, and the Court of Appeal upheld the decision in [2022] EWCA Civ 1073. Continue reading
Will Lewis may not be a well-known name in the UK, but he is getting to be quite famous in the United States, if not in a good way. He is a journalist and, in fact, he is really Sir Will Lewis, since he received a knighthood last year in Boris Johnson’s resignation honours list. You can tell a lot from that. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
The well known Canadian media lawyer Ryder Gilliland has produced a comprehensive report analysing 37 decisions on anti-SLAPP motions in 2023 in the courts of Ontario and British Columbia. His goal is to provide insight into how motions under anti-SLAPP legislation in Ontario and British Columbia are being adjudicated. The report examines macro trends (such as the number of successful anti-SLAPP motions), as well as micro trends (such as which elements of the statutory test are most often met). Continue reading
A campaign to block children’s access to social media to limit online harms and unhealthy internet use is picking up momentum in Australian politics. The current age limit for platforms such as Facebook, Instagram and TikTok is 13, but some state governments are calling to raise this age to 16. Continue reading
On12 June 2024 the Supreme Court handed down the long-awaited judgement in the case of George v Cannell [2024] UKSC 19. The issues before the court were (i) whether a claimant is required to demonstrate financial loss to establish liability under s3(1) of the Defamation Act 1952 in a claim for malicious falsehood; and (ii) whether a claimant who establishes liability can recover damages for injury to feelings arising from the falsehood, even where no financial loss occurred. Continue reading
This post is written to promote an upcoming conference on Campbell v MGN Ltd on 19 and 20 September 2024 in London, funded by the Society of Legal Scholars and Matrix Chambers. Further details about the conference and how to register interest in participating are at the end of the post below. Continue reading
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