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Tag: Adham Harker

Anonymisation in civil proceedings – Adham Harker

There has long been a tension between the principles of open justice and the desire of parties litigating sensitive matters to keep their identity, parts of the litigation, or even the fact of the litigation itself, private. The default position for almost all civil litigation is that (i) parties are named in proceedings, (ii) non-parties (i.e. members of the public) can obtain copies of core documents from the court, and (iii) hearings are conducted in ‘open’ court (i.e. the public may observe). Continue reading

Case Law: Parkes v Hall, Should litigants in person get less leeway in libel cases? – Adham Harker

The question of how much leeway a litigant-in-person should get when it comes to compliance with the Civil Procedure Rules (‘CPR’) and court orders is a long-argued and fraught one.  The concept of litigants-in-person being treated in the same way as those professionally represented has been eroded over time with concessions here and indulgences there. Continue reading

Libel: Section 13 of the Defamation Act 2013, Removal orders against non-parties – Adham Harker

Section 13(1) of the Defamation Act 2013 allows a Court to order that a non-party to cease communicating a defendant’s defamatory statement.  Such an order can be made against a website operator, requiring them to remove the statement (section 13(a)), or any person who was not the author, editor or publisher of the defamatory who is distributing, selling or exhibiting material containing the statement (section 13(b)).  Such orders are made after a claimant has obtained judgment. Continue reading

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