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

24 04 2019

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. 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 »





Canada: Internet Defamation, “Diaspora damages” or damage in a “tightly knit ethnic community” – David Potts

9 02 2019

Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French. Read the rest of this entry »





Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray

7 12 2018

A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed  Read the rest of this entry »





Case Law, Australia: Wagner v Harbour Radio Pty: Defamatory radio broadcasts result in largest ever damages award, $3.7 million – Stuart Gibson

15 09 2018

In the case of Wagner & ors v  Harbour Radio & ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam wall at a quarry owned by the brothers during floods in 2011.  Read the rest of this entry »





Case Law, Australia: Moroney v Zegers, Lying defamation defendant shot down by Sporting Shooters – Justin Castelan

12 09 2018

For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (“SSAAV”). His position on the Board was up for election in August that year and he decided to set up a website to run his campaign: shootersvictoria.com.  Read the rest of this entry »





Case Law, Australia: Pahuja v TCN Channel Nine, Channel Nine’s “disgraceful” story, $300,000 damages – Justin Castelan

10 08 2018

Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in the wrong place at the wrong time. Read the rest of this entry »





News: Sir Cliff Richard wins privacy claim against BBC, general damages of £210,000

18 07 2018

Mr Justice Mann today handed down judgment in the case of Sir Cliff Richard OBE v BBC [2018] EWHC 1837 (Ch)).  The Judge held that the BBC’s reporting infringed Sir Cliff’s privacy rights. General and aggravated damages of £210,000 were awarded. A further hearing will be held to assess special damages. Read the rest of this entry »





Case Law: GYH v Persons Unknown, Transgender Escort wins right to harassment damages – Media Lawyer

9 02 2018

In the case of GYH v Persons Unknown ([2018] EWHC 121 (QB)) a transgender woman who works as an escort has won the right to a damages payout – if she can trace her anonymous online abuser. The claimant, identified only as GYH, was granted an injunction in December to protect her privacy after being subjected to a “campaign of harassment”. Read the rest of this entry »





News: Morrisons found liable in landmark data protection group action

1 12 2017

The supermarket chain Morrisons has been found to be vicariously liable for the leak of the personal data of employees by its former Senior IT Auditor, Andrew Skelton. Read the rest of this entry »