Publication and Privacy Proceedings CFAs, abolition of success fees, some practical guidance – Emma Foubister

28 03 2019

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. Read the rest of this entry »





Book Review: “Remedies for Breach of Privacy” edited by Jason N E Varuhas and N A Moreham – Emma Foubister

8 01 2019

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. Read the rest of this entry »





News: Challenge to data sharing for immigration enforcement, permission granted – Emma Foubister

3 03 2018

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. Read the rest of this entry »





Case Law, Strasbourg: Standard Verlagsgesellschaft mbH v Austria, Narrow approach to “value judgments” leads to rejection of Article 10 application – Emma Foubister

8 12 2017

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”). Read the rest of this entry »





Case Law: Brown v Bower, Judge rejects parties’ agreement as to what is defamatory – Emma Foubister

8 11 2017

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. Read the rest of this entry »





Case Law, Strasbourg: Fuchsmann v Germany, Refusal to grant website defamation injunction did not breach Article 8 – Emma Foubister

25 10 2017

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. Read the rest of this entry »





Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

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’). Read the rest of this entry »