In its judgment in the case of WM Morrison Supermarkets plc v Various Claimants ([2020] UKSC 12) handed down on 1 April 2020, the Supreme Court reversed the decision of the Court of Appeal and found that Morrisons was not vicariously liable for a rogue employee who posted payroll data of 100,000 other employees on a file-sharing website. Continue reading
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Tag: Supreme Court (Page 1 of 4)
The Supreme Court today handed down its long awaited judgment in the case of Lachaux v Independent Print ([2019] UKSC 27). The appeal was dismissed on the facts but the Court overturned the Court of Appeal’s interpretation of the “serious harm” test in s.1(1) of the Defamation Act 2013, preferring the analysis of Warby J at first instance. Continue reading
On 3 April 2019 the Supreme Court gave its judgment in Stocker v Stocker [2019] UKSC 17. The five Supreme Court judges (Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin) unanimously overturned the 12 February 2018 Court of Appeal decision given by Lady Justice Sharp, Lord Justice McFarlane and Sir John Laws ([2018] EWCA Civ 170). Continue reading
In the case of R (P, G and W) and Anor v Secretary of State for the Home Department and Anor [2019] UKSC 3 the Supreme Court upheld challenges to the legal regimes for disclosing criminal records in England and Wales, and Northern Ireland, finding them to be incompatible with Article 8 of the European Convention on Human Rights (“ECHR”). Continue reading
In Haaretz.com v Goldhar 2018 SCC 28, the Canadian Supreme Court considered jurisdiction and forum conveniens in a multi-jurisdictional Internet libel claim. The Court was divided – allowing the news organisation’s appeal 6:3. All of the Justices concluded that Canada had jurisdiction to hear the claim, but a majority found that Israel was a clearly more appropriate forum. Continue reading
On 21 March 2018 the Supreme Court (Lords Kerr and Reed and Lady Black) granted the defendants permission to appeal in the case of Lachaux v Independent Print. The Supreme Court will now consider the meaning and effect of the “serious harm” requirement in section 1(1) of the Defamation Act 2013 for the first time. Continue reading
In Haaretz.com et al v Mitchell Goldhar (SCC case no. 37202), the Supreme Court of Canada is asked to decide whether the court in Ontario has jurisdiction to hear a defamation claim arising from an article widely published in Israel, but read online by a number of people in Canada. Continue reading
On Tuesday 30 January 2018, the UK Supreme Court (Lords Mance, Kerr, Sumption, Reed and Hodge) will hear the appeal of Cartier International AG & Ors v British Telecommunications Plc & Anor. Continue reading
On 11 April 2017 the Supreme Court unanimously dismissed three appeals brought by media organisations challenging the article 10 ECHR compliance of the recovery of additional liabilities (CFA success fees and ATE insurance premiums) from defendants in ‘publication cases.’ ([2017] UKSC 33). Continue reading
There is an old saying that when a woman is forced to choose between two men, she opts for the third, and so it is with the Supreme Court’s decision in Times Newspapers Ltd v Flood, Miller v Associated Newspapers Ltd, and Frost and others v MGN Ltd [2017] UKSC 33. Continue reading
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