Case Law: AVB v TDD, No damages for solicitor whose private information was misused by short changed prostitute – Dania Rifaat

24 05 2014

AnonymousIn the unusual privacy case of AVB v TDD ([2014] EWHC 1442 (QB)), the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim and declined to award any damages but did grant him an injunction. Read the rest of this entry »

Freedom of expression not freedom to harass – Amber Melville-Brown

17 10 2013

602141834Rutland. The smallest English county. Right in the middle of the country. Indeed, Middle England proper. And now, the most recent bastion, apparently, of free speech. In a recent decision reported in The Rutland Times, District Judge Temperley has put Leicester Magistrates Court on the map of free speech … in a case concerning harassment. Read the rest of this entry »

Opinion: Time for the Twitter Police? – Matthew Himsworth

27 08 2013

TwitterOver recent weeks there has been a welcome debate on trolling and online abuse. One of the main questions has been – who bears the responsibility of dealing with this reprehensible practice, with many pointing accusing fingers at Twitter. Read the rest of this entry »

New Zealand: Has the Harassment Act just swallowed the law of defamation? – Steven Price

21 06 2013

gazetteA New Zealand lawyer has found a way of getting abusive and possibly defamatory material about her removed from the internet indefinitely … Wellington barrister Steven Price reflects on a radical judgment that by-passes defamation law. Read the rest of this entry »

Case Law: Hayes v Willoughby, harassment defence requires “rational belief” – Aileen McColgan

8 06 2013

HarassmentThe statutory tort of harassment as set out in the Protection from Harassment Act 1997 was considered by the Supreme Court in Hayes v Willoughby ([2013] UKSC 17). The issue before the Court concerned the scope of one of the defences to the tort (section 1(3)): that the conduct complained of was for the purpose of preventing or detecting crime. The Supreme Court held that this defence can succeed only if the defendant rationally believed that his or her activity was for this purpose. Read the rest of this entry »

Case Note: The wife and children of Omar Othman v The English National Resistance and others – anti harassment injunction granted to restrain demonstrators

10 03 2013

Abu QatadaThe radical cleric Abu Qatada is in the news again following his arrest for an alleged breach of bail. The controversial refusal of the Courts to order his deportation to Jordan led to demonstrations outside his family home and to an application, last month, for an anti-harassment injunction by his wife and children. This was granted on 25 February 2012 by Mr Justice Silber.

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News, Exclusive: Carina Trimingham’s appeal against harassment ruling withdrawn

19 02 2013

Carina-Trimingham_2201220bCarina Trimingham has withdrawn the appeal in her harassment and privacy claim against the publisher of the Daily Mail. This was a matter of principle; brought because Carina and her legal team are convinced that the way the Daily Mail wrote about her, and in particular referred to her looks and her sexuality, was simply not acceptable. Read the rest of this entry »

Trimingham appeal raises important questions about Leveson and press harassment – Eloise Le Santo

21 01 2013

TriminghamIn March 2013 Carina Trimingham’s appeal in her claim against Associated Newspapers for harassment, misuse of private information and breach of copyright will be heard by the Court of Appeal. The High Court case and permission to appeal has already been covered by this blog, however this case also raises interesting points in light of the Leveson Report. Read the rest of this entry »

News: Trimingham v Associated Newspapers, Permission to Appeal Granted

25 09 2012

The Court of Appeal has granted Carina Trimingham permission to appeal against the High Court’s judgment in her harassment and privacy claim against Associated Newspapers, publisher of the Daily Mail and Mail on Sunday.  In granting permission to appeal, Lord Justice Laws emphasised that there were “significant issues” as to the Judge’s treatment of the harassment claim.  He also noted that this was the first trial in England and Wales of a civil claim for harassment against a newspaper. He granted permission on all grounds, including Ms Trimingham’s privacy claim and claims under the Copyright, Designs and Patents Act 1988. Read the rest of this entry »

Case Law: Trimingham v Associated Newspapers, no “harassment by newspaper” – Gervase de Wilde

22 06 2012

Harassment usually involves two individuals, the classic example being stalking but claims can, potentially cover a much wider range of activities. In Trimingham v Associated Newspapers Limited ([2012] EWHC 1296 (QB)), the claimant Carina Trimingham claimed that she had been harassed by a large number of articles in the Daily Mail in print and online, and by comments left by readers on the paper’s website. Read the rest of this entry »