Case Law: Kennedy v National Trust for Scotland, Thorny issues of jurisdiction and claim form service laid bare – Alex Wilson and Sami Thompson

23 01 2018

In Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB), the High Court considered two complex issues: one relating to the doctrine of forum non conveniens and the other to the CPR provisions on service of a claim form. Read the rest of this entry »

Case Law: Brevan Howard v Reuters, Gagging order upheld by the Court of Appeal in breach of confidence case- Louise Turner

12 07 2017

The news agency, Reuters, has lost its appeal against an injunction, which prevented it from reporting leaked confidential and commercially sensitive information concerning a leading global alternative asset manager, Brevan Howard Asset Management LLP. Read the rest of this entry »

The Supreme Court decision in Flood, Miller and Frost: a defence lawyer’s perspective – Keith Mathieson

12 04 2017

The use of CFAs in cases against the media had become a scandal long before this appeal was heard.  A mechanism intended to provide access to justice had become a gravy train for claimant lawyers.  As claimant lawyers know, the mere threat of a CFA and ATE insurance could be used to bulldoze a media company into submission. Read the rest of this entry »

Case Law: Stunt v Associated Newspapers, Mail heads off attempt by businessman to prevent use of personal data in important decision on the Data Protection Act – Keith Mathieson

6 04 2017

In an important judgment in the case of Stunt v Associated Newspapers ([2017] EWHC 695 (QB)) that will be reassuring to news media organisations, the High Court has determined that section 32(4) of the Data Protection Act 1998 is not incompatible with EU law.  Read the rest of this entry »

Case Law: Makudi v Triesman, Can the Bill of Rights protect words spoken outside Parliament? – Harry Kinmonth

26 02 2014

Lord TriesmanIn an important decision on the scope of protection afforded to Parliamentarians against actions for libel, the Court of Appeal has today ruled in Lord Triesman’s favour in the libel claim brought against him by the head of Thailand’s football federation: Dato Worawi Makudi v Baron Triesman of Tottenham in the London Borough of Haringey ([2014] EWCA Civ 179). Read the rest of this entry »

General tort damages (including defamation) to increase by 10% from 1 April 2013 – Kim Waite

13 08 2012

In the case of Simmons v Castle [2012] EWCA Civ 1039 (a personal injury case) the Lord Chief Justice took the opportunity to announce that after 1 April 2013, general damages in tortious claims would increase by 10%. This is following the recommendations by Lord Justice Jackson in his review of civil litigation costs. Read the rest of this entry »