The removal of the right to jury trial in defamation cases by the Defamation Act 2013 has meant that the Courts can determine issues such as meaning as preliminary issues at an early stage. While preliminary issue trials on meaning have now become the norm, the issues and practices that surround them are far from settled. This post considers some recent trends and issues that have arisen in practice. Continue reading
The International Forum for Responsible Media Blog
Tag: Emma Foubister
In November 2018, the Government announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees would no longer be recoverable from opponents in defamation and privacy claims. Continue reading
This book is a collection of essays from leading academics, practitioners and judges on questions raised by the emergent law of remedies for breach of privacy. It arose out of the International Workshop on Remedies for Breach of Privacy, held at Melbourne Law School in December 2016, which encouraged new thinking about the common law approach to this topic. Continue reading
On 1 March 2018, Mrs Justice Yip granted Migrants’ Rights Network (MRN) permission to apply for judicial review of a memorandum of understanding (MoU) under which non-clinical patient data is shared between NHS Digital and the Home Office for the purposes of immigration enforcement. Continue reading
In Standard Verlagsgesellschaft mbH (No.2) v Austria [2017] ECHR 1040, the Fifth Section of the European Court of Human Rights (“the Court”) held that ordering a newspaper to pay compensation to a politician falsely accused of being the spiritus rector (guiding spirit) of a spying operation did not violate Article 10 of the European Convention on Human Rights (“the Convention”). Continue reading
In the case of Brown v Bower [2017] EWHC 2637, the High Court considered the proper application of the repetition rule in determining the meaning of a statement about an MP in a book about the Blair government. Nicklin J made interesting observations about whether the statement was defamatory and the effect of the parties’ agreement that it was. Continue reading
In Fuchsmann v Germany, the Fifth Section of the European Court of Human Rights held that an entrepreneur’s Article 8 rights were not violated by the publication of an article linking him to Russian organised crime. Continue reading
In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Continue reading
Recent Judgments
© 2024 Inforrm's Blog
Theme by Anders Norén — Up ↑