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Tag: Hugh Tomlinson KC

Identifying wrongdoers, is there a better alternative to Norwich Pharmacal orders? – Hugh Tomlinson KC

The Norwich Pharmacal Order (“NPO”) has, for the last five decades, been a valuable tool in the hands of a potential claimant who seeks identify anonymous wrongdoers.  A third party who holds identifying information can, if they have been “mixed up” in the wrongdoing, be ordered to disclose identifying  documents or information. Continue reading

Case Law, Strasbourg: Hurbain v Belgium, Grand Chamber upholds decision that order anonymising newspaper archive did not violate Article 10 – Hugh Tomlinson KC

On 4 July 2023, in the case of Hurbain v Belgium (App No 57292) the Grand Chamber of the European Court of Human Rights upheld (by 12 votes to 5) the decision of the Third Section that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading

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