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Tag: Emma Foubister

Libel: Preliminary Issue Meaning Trials: Where are we now?- Emma Foubister

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

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

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

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

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

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

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

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