In a judgment handed down today ( EWHC 1417 (QB)) following a five day trial in January 2022, Steyn J dismissed the libel claim brought by controversial multi millionaire Brexiteer, Arron Banks, against investigative journalist Carole Cadwalladr. Continue reading
Terabytes of sensitive financial data have been stolen by cyber hackers and supplied, on a massive scale, to large numbers of journalists who appear to believe that there is a public interest in trawling through private information. Continue reading
The Sun’s publication of photographs and video footage of the then Health Secretary in a “steamy clinch” appears to have been universally welcomed by both friends and foes of the Government. It nevertheless gives to difficult legal issues. Continue reading
On 3 June 2020 the Supreme Court handed down judgment in Serafin v Malkiewicz & Ors UKSC 23. The decision upheld the Court of Appeal’s finding of unfair trial, but considered that by ordering a remittal limited to the assessment of damages, the appellate judges had failed to address the consequences that should flow from this finding. Continue reading
The newspapers are once again replete with Boris Johnson’s private life. Last weekend he rowed loudly with his girlfriend. Neighbours overheard. She shouted “get off me”, “get out of my flat”, “you’re spoilt”, “you have no care for money or anything”. He shouted “get off my f***ing laptop”. Continue reading
On 17 May 2019, the Court of Appeal handed down its decision in Serafin v Malkiewicz & Ors( EWCA Civ 852). The appeal concerned, amongst other things, the correct application of the ‘public interest’ defence under s.4 of the Defamation Act 2013. Continue reading
Section 4 of the Defamation Act 2013 (“the Act”) gives defendants who have published material concerning matters of public interest a defence to an action for defamation. The archetypal defendant in this context would usually be a professional journalist who has published a piece of investigative journalism.
The public interest defence under section 4 of the Defamation Act 2013 replaced the old defence of Reynolds privilege. A number of cases have since established that the old criteria for responsible journalism under Reynolds is still relevant when assessing the reasonable belief requirement of the new defence. Continue reading