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Tag: Reporting Restrictions (Page 2 of 2)

Privilege and reporting the contents of documents read by the court – Hugh Tomlinson QC

_67367788_courts_bbcThe fair and accurate reporting of court proceedings has long been protected from libel action by the defence of “privilege”. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved. Continue reading

Case Law: R v Marines A to E, Reporting restrictions at courts martial, the need for a structured approach – Simon McKay

Royal-Marine-video-012Marines A & Ors v Guardian News & Media & Other Media [2013] EWCA Crim 2367.

On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Video evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. Continue reading

Case Law: Graiseley Properties v Barclays Bank, No anonymity in LIBOR litigation, Article 8 not considered – Lorna Skinner

BarclaysIn Graiseley Properties Limited and others v Barclays Bank Plc [2013] EWHC 67 (Comm) Mr Justice Flaux refused an application for anonymity orders made by 106 employees and former employees of Barclays in a test case arising from the LIBOR scandal on the basis that they had not established that it was strictly necessary for the proper administration of justice within Article 10(2) [57]. Whilst the outcome is not particularly surprising, the part of the judgment relating to the application of Article 8 is curious and merits further consideration. Continue reading

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