In the case of R (Catt) and R (T) v Commissioner of Police of the Metropolis ([2015] UKSC 9) a majority of the Supreme Court held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR. Continue reading
The International Forum for Responsible Media Blog
Tag: Supreme Court (Page 4 of 4)
The Supreme Court has granted the artist in the “banned memoir” case, OPO v MLA, permission to appeal and ordered an expedited hearing. The hearing of the appeal is listed in the week commencing 19 January 2015. Continue reading
On 18 June 2014 the Supreme Court handed down judgment in R (T) v Secretary of State for the Home Department [2014] UKSC 35. The case concerns the mechanism governing criminal records checks (‘CRCs’) and enhanced criminal record checks (‘ECRCs’), and what an applicant is required to disclose to a potential employer. As such, the case has important ramifications for both employers and job applicants. It is also the latest development in a long running saga concerning criminal record checks and an individual’s ability, and indeed right, to put the past behind them. Continue reading
The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC. Continue reading
In the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Continue reading
The statutory tort of harassment as set out in the Protection from Harassment Act 1997 was considered by the Supreme Court in Hayes v Willoughby ([2013] UKSC 17). The issue before the Court concerned the scope of one of the defences to the tort (section 1(3)): that the conduct complained of was for the purpose of preventing or detecting crime. The Supreme Court held that this defence can succeed only if the defendant rationally believed that his or her activity was for this purpose. Continue reading
Back in July 2011 I commented on the Court of Appeal judgment in Newspaper Licensing Agency v Meltwater ([2011] EWCA Civ 890) and explained how the reach of digital copyright had accidentally been increased beyond that in the offline world. That was as a result of accepting that transient and temporary copies created in computer memory count as copies for copyright purposes. Continue reading
While the privacy complaint of the Duchess of Cambridge received unprecedented attention from the press and legal commentators alike, the Spanish Supreme Court recently found itself grappling with a number of similar issues.
In 2007, the Spanish media was shocked by the publication of pictures of a famous Spanish actress, Elsa Pataky, in a state of considerable undress on a Mexican beach. She was getting changed while shooting a feature for the magazine ELLE when two paparazzi took pictures of her from a hotel some distance from the beach. Continue reading
The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone hacking litigation against the News of the World newspaper. The appeal related to a request for further information served by the Claimant, Ms Nicola Phillips, on the Second Defendant, Mr Glenn Mulcaire, the private investigator engaged by the newspaper. Continue reading
In a judgment handed down this morning ([2012] UKSC 28), the Supreme Court unanimously dismissed the appeal of Mr Glenn Mulcaire against orders that he answer questions relating to his “phone hacking” activities in the context of the Voicemail Interception Litigation. Continue reading
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