Revisited: Opinion: “Privacy – the way ahead? Part 3 – Options for the Future”

30 04 2010

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 26 February 2010 and is the last of a three part post in which Hugh Tomlinson QC considers the future of the law of privacy in the UK.  In this Part he looks at the options for the future.

INTRODUCTION

There appear to be are at least four possible “ways forward” for the new law of privacy which, as I discussed in the first post in this series has been developed by the courts over the past decade and which has, at least from the point of view of sections of the media, been very controversial.  Read the rest of this entry »





Lectures: Lord Neuberger on the balance between privacy and freedom of expression

29 04 2010

In a lecture  given last night to the Eton College Law Society – in the “Election Hall” – the Master of the Rolls, Lord Neuberger dealt with the topic of “Privacy and Freedom of Expression: A Delicate Balance”.   The topic is one which is central to our concerns at Inforrm and this lecture is a very good opportunity to look at the approach of the most senior civil judge in England and Wales to this topic.

Lord Neuberger begins by pointing out the vital role of a free press in ensuring that “hidden truth is brought to light” and those in authority are held to account ([3]).   Read the rest of this entry »





Revisited: Opinion: “Privacy – the way ahead? Part 2 – Background to the New Law”

29 04 2010

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 24 February 2010. It is the second part of three part post in which Hugh Tomlinson QC considers the future of the law of privacy.  In this Part he looks at the background to the new law of privacy

INTRODUCTION

The “new law of privacy” has not been uncontroversial.  With characteristic restraint the commentator Melanie Phillips has described the process in these terms:

“Driven by a deep loathing of the popular press, the judges have long been itching to bring in a privacy law by the back door. Thus free speech is to be made conditional on the prejudices of the judiciary …” (Melanie Phillips, “The law of human wrongs”, Daily Mail, 6 December 2006

Read the rest of this entry »





CFA Consultation – Judicial Responses

28 04 2010

We have blogged, on a number of occasions, on the last Government’s proposed CFA Amendment Order which was finally dropped on 6 April 2010 after the General Election was called.   It seems likely that the measure will be revived, in some form, by the next government – as there seems to be broad agreement that a 100% success fee is not appropriate in libel cases and that present CFA regime requires some reform.  There is, of course, no agreement between claimant and defendant lawyers as to the appropriate level of success fees and in relation to other proposed reforms. Read the rest of this entry »





Case law,: Dee v Telegraph Media Group, Summary judgment for defendant

28 04 2010

deeIn February we did a post about the argument in the case of Dee v Telegraph Media Group, in which the defendant newspaper was making a bold application for summary judgment.  Judgment in the case was given today, 28 April  ([2010] EWHC 924 (QB) by Mrs Justice Sharp.  Read the rest of this entry »





Revisited: Opinion: “Privacy – the way ahead? Part 1 – The New Law of Privacy”

28 04 2010

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 23 February 2010 and is the first part of a three part post in which Hugh Tomlinson QC considers the future of the law of privacy.  In this part he looks at the new law as it has been developed over the past decade.

INTRODUCTION

The “new law of privacy” has been developed by the English Courts over the past decade. It is a common law development based on case law going back to the mid nineteenth century.  But the pace of development has recently accelerated. The decisive factor has been the Human Rights Act 1998. In this area the Act has had “horizontal effect” – it operates in cases between two private parties.  The action for breach of confidence has been transformed – almost beyond recognition. Read the rest of this entry »





Access to Documents in Criminal Cases: the Tesler decision [updated]

27 04 2010

An application by Guardian News & Media for access to documents referred to in open court in an extradition case has been unsuccessful. As reported by the Guardian on 25 March 2010, it made an application to District Judge Tubbs for copies of these documents.  However, in a ruling of 20 April 2010 the District Judge dismissed this application, refusing access to the documents.

Read the rest of this entry »








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