Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Read the rest of this entry »

Case Law, Australia: Mahon v Mach 1 Financial Services. Fijian Property Developer’s Case Struck Out – Justin Castelan

3 05 2013

mahonIt is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter.  Courts will usually say that damages are an adequate remedy. It is also well known that the Defamation Act provides that, for the most part, a company cannot sue for defamation in Australia.  So what does a company do? Injurious falsehood is the go. A company can sue if there is a false malicious publication and it causes actual financial loss to that company. Very difficult, especially proving malice and especially financial loss, but unlike defamation, the chance for an injunction is greatly increased. Read the rest of this entry »

Case Law: Tesla Motors v BBC, Top Gear up before Top Judges – Rosalind English

7 03 2013

Top GearIn the case of Tesla Motors v BBC ([2013] EWCA Civ 152) the Court of Appeal refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the “Top Gear” programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial. Read the rest of this entry »