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Tag: Tomlinson

Inforrm Debate: Libel juries, is there a middle way? – Hugh Tomlinson QC

July 11, 2012 / / 4 Comments

The Government proposes to abolish the right to trial by jury in libel cases. Opponents seek the retention of the right in the established form of a “presumption” in favour of libel trials in jury cases unless the case involves “prolonged examination of documents”.  Is it possible to find a middle way?  It is important to consider the arguments on both sides to see whether there is any possible common ground.  Continue reading

Case Law, Court of Human Rights, Kurier and Krone Verlag v Austria, no violation of Article 10 in case involving a child – Hugh Tomlinson QC

June 24, 2012 / / 1 Comment

On 19 June 2012 in the cases of Kurier Zeitungsverlag und Druckerei  GmbH (No. 2) v. Austria (Application no. 1593/06) and Krone Verlag GmbH v. Austria (no. 27306/07), the First Section of the European Court of Human Rights In Chamber judgments held that there had been no violation of Article 10 in two cases in which newspapers had revealed the identity of a child and published photographs from which he could be recognised.  The publications were an interference with the child’s private life, and that the compensation of €9,000  and €130,000 was proportionate. Continue reading

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