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Tag: Damages (Page 1 of 7)

Data damages (done dirt cheap?) – Ali Vaziri

A couple of developments on data protection damages: one from the EU which indicates that the likely direction of travel for the block’s highest court is that there’s no entitlement to compensation under the GDPR without showing harm which is more than “mere upset”; and the other from the UK which assessed damages for a personal data breach with no privacy implications at £250. Continue reading

Privacy and Reputational Harm – Jeevan Hariharan

Next week, on 30 November and 1 December 2021, the Supreme Court will hear arguments in ZXC v Bloomberg LP. The case gives the court an opportunity to answer one of the most important questions which has emerged in English privacy law in recent years: does a person who has not been charged with an offence have a reasonable expectation of privacy in a police investigation into their activities? Continue reading

Case law, Strasbourg: SIC Sociedade Independente de Comunicação v Portugal, Record award of libel damages breached Article 10 – Mike Dodd

In the case of SIC – Sociedade Independente de Comunicação v Portugal ([2021] ECHR 703) the Fourth Section of the European Court of Human Rights held that an award of damages totalling €146,000 euros (about £124,200) – a record in Portugal – to a politician wrongly linked to an investigation into a paedophile scandal in the Azores was disproportionate and could have a chilling effect on freedom of expression. Continue reading

Case Law: Gilham v MGN, Primary school teacher awarded £49,000 compensation after offer of amends -Mathilde Groppo

On 12 August 2020, HHJ Lewis sitting as a judge of the High Court handed down judgment in Gilham v MGN Ltd & Anor [2020] EWHC 2217 (QB). This was a Part 8 claim for the determination of compensation following the acceptance of a qualified offer of amends, which was issued pursuant to section 3(5) of the Defamation Act 1996. Mr Gilham was awarded £49,000 by way of compensation. Continue reading

Case Law, Australia: Wagner v Nine Network Australia PL, 60 Minutes indefensible defamation: $4 more million for the Wagner family – Justin Castelan

Denis, John, Neill and Joe Wagner operated a quarry in Grantham in Queensland. In January 2011, there was a flood that devastated the town and killed 12 people. A Commission of Inquiry made findings that the disaster was a natural event and no human action caused it or could have prevented it – not much of a story, so the media persisted. Continue reading

Case Law: Ali v Channel 5, Can’t pay? Court of Appeal does not take claimants’ damages away (but neither will it increase them) – Tom Double

In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Continue reading

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