ECJ confirms territorial limitations of ‘the right to be forgotten’ – Iain Wilson and Elisabeth Mason

3 10 2019

On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL), C‑507/17, effectively a sequel to the landmark data protection ‘Google Spain’ decision in May 2014. Read the rest of this entry »





Ben Stokes, The Sun and Gareth Thomas: muckraking journalism with no regard for private lives

22 09 2019

The ‘silly season’ is supposed to be over and the most important constitutional case for many years is currently before the Supreme Court, but these matters did not stop The Sun from publishing on 17 September 2019 a grossly sensationalist and intrusive article about Ben Stokes, the England cricketer, and his family. Read the rest of this entry »





New rules for media and communications claims – Iain Wilson and Elisabeth Mason

22 08 2019

From 1 October 2019 new rules – in the form of a revised Part 53, Media and Communication Claims, revised/new practice directions (PD 7A, 53A and 53B) and an all encompassing Pre-action Protocol – will apply to claims in England and Wales arising from media and communications disputes. Read the rest of this entry »





Case Law: Grayling v North, Brexiteer ordered to pay philosopher £20,000 in libel damages for paedophile tweet – Iain Wilson

9 03 2019

Peter North, former UKIP parliamentary candidate and founder of the Brexit-supporting Leave Alliance, has been ordered to pay philosopher and academic AC Grayling £20,000 in libel damages after tweeting an allegation that Professor Grayling was in possession of child pornography. Read the rest of this entry »





An allegation of dishonesty: A statement of fact or the expression of opinion? – Tom Double

6 03 2019

In a number of recent libel cases, the court has encouraged parties to apply prior to the service of a defence for a preliminary issue trial where the meaning of the words complained of is in dispute. Read the rest of this entry »





Case Law: Suttle v Walker, Facebook “Keyboard warrior” order to pay £55,000 libel and harassment damages – Iain Wilson [Updated]

30 01 2019

Mr Justice Nicklin has ordered that Samantha Walker pay care home manager Kim Suttle £55,445.50 in libel and harassment damages after instigating a hate campaign against her based on false allegations that she had abused her dog. Read the rest of this entry »





Case Law: Foskett v Ezeugo, Serial Abuser of Judges Committed to Prison for Contempt – Max Campbell

24 01 2019

In Foskett, Peters and Waschckuhn v Ezeugo [2018] EWHC 3694 (QB), three Judges applied for the committal to prison of a man who had repeatedly breached a harassment injunction made in their favour. Read the rest of this entry »





Recoverability of CFA success fees in defamation and privacy claims to be abolished (but ATE to remain for now) – Iain Wilson

30 11 2018

The government has announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims.  The Ministerial Statement made by David Gauke the Lord Chancellor and Justice Secretary can be found here. Read the rest of this entry »





Why Lord Hain was wrong to disclose Sir Philip Green’s name – Tom Double

29 10 2018

Lord Hain’s decision to name Sir Philip Green in the House of Lords as the individual who obtained an interim-injunction against the Daily Telegraph has polarised opinion.  Read the rest of this entry »





Case Comment: TLU v Home Office, Unnamed family members entitled to damages for Home Office immigration data leak – Iain Wilson

24 06 2018

In The Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 the Court of Appeal, was asked to review one aspect of Mr Justice Mitting’s decision in TLT & Ors v The Secretary of State for the Home Department & Anor [2016] EWHC 2217 (QB)Read the rest of this entry »