The Supreme Court yesterday handed down its long awaited judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27. As predicted by various commentators giving a preview of the case (including in my previous post), the five Supreme Court judges (Lord Kerr, Lord Wilson, Lord Sumption, Lord Hodge and Lord Briggs) clarified the applicable law, but unanimously dismissed the appeals against the Court of Appeal decision ([2017] EWCA Civ 1334) on the facts. Read the rest of this entry »
Case Law: Lachaux v Independent Print, Supreme Court abolished common law presumption of damage in libel cases – Mathilde Groppo
13 06 2019Comments : 1 Comment »
Tags: Mathilde Groppo
Categories : Libel
Case Preview: Lachaux v Independent Print, Supreme Court to hear “serious harm” appeal – Mathilde Groppo
6 11 2018
On Tuesday and Wednesday 13 and 14 November 2018, the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear the appeal in Lachaux (Respondent) v Independent Print Limited and another (Appellants) UKSC 2017/0175, against the Court of Appeal decision of Davis LJ, with whom MacFarlane and Sharp LJJ concurred ([2017] EWCA Civ 1334). Read the rest of this entry »
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Tags: Carter-Ruck, Defamation Act 2013, Lachaux, Mathilde Groppo, Serious Harm
Categories : Libel
Libel Litigation: Jackson, Fixed Costs and Case Management – Mathilde Groppo
28 03 2017
The heavy costs burden of defamation proceedings has long been recognised. In 2010, Lord Justice Jackson’s Review of Civil Litigation Costs noted that “in the paradigm libel case the claimant is an individual of modest means and the defendant is a well-resourced media organisation”. Read the rest of this entry »
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Tags: Jackson, Litigation Costs, Mathilde Groppo
Categories : Legal, Libel
France’s highest administrative court urged to make a reference for a preliminary ruling in relation to right to be forgotten requests – Mathilde Groppo
9 02 2017
In May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Read the rest of this entry »
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Tags: CNIL, Conseil d'Etat, Google Spain, Mathilde Groppo
Categories : Data Protection, Freedom of expression, Privacy
Case Law: Weller v Associated Newspapers, Privacy invaded by publication of unpixelated photographs of children – Mathilde Groppo
5 12 2015
On 20 November 2015, the Master of the Rolls, Tomlinson and Bean LJJ handed down judgment in Weller & Ors v Associated Newspapers Ltd [2015] EWCA Civ 1176, upholding Dingemans J’s finding of liability for misuse of private information (and breach of the DPA, although this did not add anything as it was common ground that the claim for infringement of the DPA would either stand or fall with the claim for misuse of private information). Read the rest of this entry »
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Tags: Children, Mathilde Groppo, Photographs, Weller
Categories : Freedom of expression, Human Rights, Injunction, Privacy
