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Tag: Sara Mansoori (Page 1 of 2)

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

Over half a million Google URLs removal requests to date; the “Right to be Forgotten” in practice – Sara Mansoori and Eloise Le Santo

20140517_LDD001_0It is five months since the ruling in Google Spain v AEPD and Mario Costeja Gonzalez and, as of 13 November 2014, Google had received 166,396 requests for URL removals and has evaluated 562,376 URLs to decide whether to whether to remove them from its search engine. 21,470 of the requests have come from the UK relating to 72,195 URL removals. Continue reading

Case Law, Kadir v Channel S Television, Assessment of damages in a libel claim – Sara Mansoori

channelsuksThe case of Kadir v Channel S Television [2014] EWHC 2305 was a hearing for assessment of damages in a libel claim following default judgment.  The Defendant, a Channel broadcasting in the UK in the Bengali language, carried a news item in December 2011 alleging that the Second Claimant, a money transfer business, was reasonably suspected of fraud and that its director, Mr Kadir, had dealt with suspicions against the business’ employees in a highly evasive and incompetent manner. Continue reading

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