Online Publication Claims: Defamatory Meaning Online – Hugh Tomlinson QC and Aidan Wills

9 11 2017

One of the most common complaints about an online publication is that it makes a false statement about someone. The most obvious cause of action through which to seek redress is libel – although there may also be claims for a breach of the DPA and/or false privacy – but such a claim needs to be approached with care. Read the rest of this entry »





Online Publication Claims: Harassment by online publication – Aidan Wills

8 11 2017

Material is often published online to promote causes, further campaigns, air grievances and raise concerns about the conduct of others. When this is done responsibly it performs an invaluable public function. The availability of free-to-use platforms to express views and to engage in public debate is among the most important benefits of the internet in general and social media in particular. Read the rest of this entry »





Case Law: Flood v Times Newspapers, CFA appeals dismissed, future of the scheme left open – Aidan Wills

20 04 2017

On 11 April 2017 the Supreme Court unanimously dismissed three appeals brought by media organisations challenging the article 10 ECHR compliance of the recovery of additional liabilities (CFA success fees and ATE insurance premiums) from defendants in ‘publication cases.’ ([2017] UKSC 33). Read the rest of this entry »





A Flood of CFAs? Looking ahead to the UKSC’s additional liabilities judgment and its implications for media lawyers – Aidan Wills

9 02 2017

510-supreme-court-1From 24 to 26 January 2017, the Supreme Court heard three joined appeals raising the issue as to whether the recovery of conditional fee agreement (“CFA”) success fees and after the event insurance (“ATE”) premiums (collectively known as “additional liabilities”) in publication and privacy cases is incompatible with Article 10 of the Convention. Inforrm published a case preview here. Read the rest of this entry »





Spent Convictions in the law of Privacy and Data Protection: Part Two – Aidan Wills

3 02 2017

rehabIn Part 1 of this post I looked at “spent convictions” in the context of the law of privacy. The other important legal perspective on such convictions is that of the law of data protection. Read the rest of this entry »





Spent convictions in the law of Privacy and Data Protection: Part One – Aidan Wills

2 02 2017

spent-convictionsReferences to individuals’ criminal histories are commonplace in news reporting, works of non-fiction and on social media. Unwittingly or otherwise, this may include details of spent convictions and the conduct which gave rise to them. Read the rest of this entry »





Case Preview: Times Newspapers Limited v Flood; Frost and others v MGN Limited; Miller v Associated Newspapers Limited – Aidan Wills

26 01 2017

510-supreme-court-1The Supreme Court is currently hearing three joined appeals brought by media organisations challenging the Convention compatibility of the recoverability of conditional fee agreement (CFA) success fees/uplift and after the event (ATE) insurance premiums (“additional liabilities”) in libel and privacy claims. Read the rest of this entry »