Case Law, Luxembourg, Facebook “Fan Page” case, administrator held to be data controller and jurisdictional issues clarified – Sara Mansoori

11 07 2018

In an important decision the CJEU has found that the administrator of a Facebook ‘fan page’ was a joint data controller with Facebook Ireland and Facebook Inc, and that a German data protection supervisory authority is competent to assess the lawfulness of data processing carried out by Facebook Germany, applying German data protection law. Read the rest of this entry »





Case Comment: PJS v NGN, Supreme Court restores interim injunction in landmark privacy case – Sara Mansoori and Aidan Wills.

26 05 2016

Supreme CourtOn 19 May 2016, the Supreme Court handed down its judgment in PJS v News Group Newspapers Ltd [2016] UKSC 26. This much-discussed privacy action brought by a celebrity has generated renewed debate on privacy injunctions. Read the rest of this entry »





Case Law: PJS v News Group Newspapers, Court of Appeal grants privacy injunction – Sara Mansoori and Aidan Wills

19 03 2016

male-female-silhouetteThe first privacy injunction case heard by the Court of Appeal since 2011 has recently been published. In PJS v News Group Newspapers ([2016] EWCA Civ 100), the court allowed an expedite appeal against the refusal to grant an interim injunction restraining The Sun on Sunday from publishing an article about a well-known entertainer’s extramarital sexual activities. Read the rest of this entry »





The Return of the Privacy Injunction? Some Practical Considerations – Sara Mansoori and Lorna Skinner

22 12 2015

AnonymityThe privacy injunction is back. This seems to be the message from the courts in 2015 and is supported by anecdotal evidence from practitioners.  Lawyers are now being regularly instructed in potential privacy injunction cases, with several in play almost every weekend. While it remains the case that most of the threatened applications are resolved without court hearings there has been a clear increase in contested cases in court in 2015. Read the rest of this entry »





Case Law: Barron MP v Collins, the approach to meaning in a political speech case – Sara Mansoori

27 05 2015

Rotherham MPsPreliminary hearings on meaning are becoming the norm in defamation actions, as parties view them as a relatively cheap and efficient way of determining a key issue at the outset. In Barron MP & Others v Jane Collins MEP [2015] EWHC 1125 (QB), three Labour MPs for constituencies in the Rotherham area brought a libel action against a UKIP candidate over a speech she made at the UKIP Conference. Read the rest of this entry »





Case Comment: Fenty v Arcadia Group Brands Ltd, Rihanna succeeds in controlling how her image is used – Sara Mansoori

19 02 2015

riri%20tshirtRihanna’s successful claim against Topshop, which prevents it from selling t-shirts displaying a photograph of her, has been reported as being ‘a test case about the ability of celebrities to control their public image’ (see The Guardian’s report of the judgment). It was, in fact, a passing off claim and, as the Court of Appeal made clear in their decision ([2015] EWCA Civ 3), there is in English law no right to control one’s image. Read the rest of this entry »





Case Law: Simpson v MGN Limited and Ward: gradations of infidelity and the importance of ‘established family units’ – Sara Mansoori

28 01 2015

Danny SimpsonAn allegation of infidelity is defamatory, but an allegation of infidelity which imperils or destroys a home and family unit is particularly disreputable. This was the position adopted by Danny Simpson, the Premier League footballer, at the trial of a preliminary issue on meaning in respect of an article published in the Daily Mirror in November 2012. Read the rest of this entry »