Case Law: TLU v Home Office, Misuse of Private Information and Data Protection Appeals dismissed, Durant further explained – Lorna Skinner

20 06 2018

In a decision handed down on 15 June 2018 (TLU and others v Secretary of State for the Home Department [2018] EWCA Civ 2217) the Court of Appeal dismissed the Home Office’s appeal against findings of liability for misuse of private information and for breach of the Data Protection Act 1998 (“the 1998 Act”). Read the rest of this entry »

The Return of the Privacy Injunction? Some Practical Considerations – Sara Mansoori and Lorna Skinner

22 12 2015

AnonymityThe privacy injunction is back. This seems to be the message from the courts in 2015 and is supported by anecdotal evidence from practitioners.  Lawyers are now being regularly instructed in potential privacy injunction cases, with several in play almost every weekend. While it remains the case that most of the threatened applications are resolved without court hearings there has been a clear increase in contested cases in court in 2015. Read the rest of this entry »

Case Law: Ahuja v Politika, High hurdles for claims against foreign defendants under section 9 of the Defamation Act 2013 – Lorna Skinner

8 12 2015

PolitikaOn 23 November 2015 Sir Michael Tugendhat, sitting as a High Court judge, handed down judgment in the case of Ahuja v Politika Novine I Magazini DOO ([2015] EWHC 3380 (QB)) setting aside an order permitting service of defamation proceedings on defendants in Serbia, Read the rest of this entry »

Case Law, Australia: Duffy v Google Inc, Google liable for search results, hyperlinks and autocompletes – Lorna Skinner

12 11 2015

SkinnerLOn 27 October 2015 Mr Justice Blue, sitting at first instance in the Supreme Court of South Australia, handed down judgment on liability in the defamation case of Duffy v Google Inc ([2015] SASC 170).  He held Google Inc liable for the defamatory content of the hyperlinks and snippets returned by way of Google search results on the Claimant’s name and for the defamatory content of search autocompletes relating to her. Perhaps more controversially, Google was also held liable as a republisher of the defamatory content of third party websites hyperlinked on its search results. Read the rest of this entry »

Defamation Procedure: Guidelines for dealing with issues relating to “serious harm” – Lorna Skinner

6 08 2015

Defamation Act 2013In his recent decision in Lachaux v Independent Print ([2015] EWHC 2242 (QB)) Mr Justice Warby considered a number of procedural matters which arise in defamation cases where there is an issue as to whether there has been “serious harm to reputation” as required by section 1 of the Defamation Act 2013.  Read the rest of this entry »

Case Law: Vidal-Hall v Google, Distress damages can be awarded under s 13 DPA without pecuniary loss (and misuse of private information is a tort) – Lorna Skinner

31 03 2015

igooglemagesIn Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it. Read the rest of this entry »

Case Law, Northern Ireland: CG v Facebook Ireland, Harassment of Sex offenders and a Facebook injunction – Lorna Skinner

3 03 2015

Keeping Kids SafeIn CG v. Facebook Ireland Ltd and Joseph McCloskey ([2015] NIQB 11) a convicted sex offender was awarded £20,000 for misuse of private information and harassment claims brought in respect of a Facebook page designed to identify and track the whereabouts of sex offenders.  An injunction was granted against Facebook. Read the rest of this entry »

Case Law: Mosley v Google Inc, Data Protection claim against Google to go to trial – Lorna Skinner

23 01 2015

google-logoOn 15 January 2015 Mr Justice Mitting gave judgment in only the second English data protection case against Google after the decision in Google Spain.  In Mosley v. Google ([2015] EWHC 59 (QB)), the Court dismissed an application brought by Google to strike out a claim brought by Mr Mosley under sections 10, 13 and 14 of the Data Protection Act 1998, holding at [55] that it was “a viable claim which raises questions of general public interest, which ought to proceed to trial”. Read the rest of this entry »

News: A new Guide for Litigants in QBD Interim Applications – Lorna Skinner

15 01 2013

QBD GuideOn Friday 11 January the Interim Applications Court of the Queen’s Bench Division of the High Court issued  “A guide for self-represented litigants”. As many readers will know, the Interim Applications Court (known as ‘Court 37’) deals with applications for orders pending the final trial of a case in the Queen’s Bench Division of the High Court at the Royal Courts of Justice – in the media context, applications for interim privacy and harassment injunctions. Read the rest of this entry »

Case Law: MXB v East Sussex Hospitals – anonymity and online reporting – Lorna Skinner

6 12 2012

children_silhouetteThe judgment in MXB v East Sussex Hospitals NHS Trust ([2012] EWHC 3279 (QB)) raises the short but important point that orders made under section 39 of the Children and Young Persons Act 1933 (“the CYPA”), which prohibit the reporting of proceedings in a manner likely to lead to the identification of a child or young person concerned in them, may not extend to online reporting. Read the rest of this entry »