The International Forum for Responsible Media Blog

Tag: Lorna Skinner

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

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”). Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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”. Continue reading

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

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. Continue reading

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

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. Continue reading

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