Freedom of Expression: Banned preacher speaks by videolink – Adam Wagner

Controversial preacher Dr Zakir Naik has addressed the Oxford Union by satellite link, despite being banned from visiting the UK by the home secretary.

The Home Office has wide discretion to exclude radicals which it considers have displayed ‘unacceptable behaviours’ , and the preacher was excluded under this policy in June 2010. The exclusion is currently being challenged in the courts. The home office successfully defended the ban in the high court (see our post), but that judgment is being challenged by the preacher in the court of appeal.

Case Law: Thornton v Telegraph Media Group – no defence of ‘honest comment’ in malicious falsehood – Sara Mansoori

Sarah Thornton’s long-running libel and malicious falsehood claim against the Telegraph Media Group has seen the parties in court again before Mr Justice Tugendhat who this time refused the newspaper’s application to amend its defence to the malicious falsehood claim (see Thornton v Telegraph Media Group (No.3) [2011] EWHC 159 (QB)).

Dr Thornton is the author of the book, “Seven Days in the Art World”. Lynn Barber wrote a review of it in the “Daily Telegraph” on 1 November 2008 and Dr Thornton took offence and sued.

Ministry of Justice Civil Litigation Funding Consultation – Some Responses

The Ministry of Justice Consultation on Civil Litigation Funding closed yesterday, 14 February 2011.  The Ministry is consulting on the proposals in the Jackson Report and, in particular, the suggestion that CFA success fees and ATE premiums should no longer be recoverable from the unsuccessful party.  It is provisionally in favour of this proposal.  If this is implemented it will have a substantial impact on claims for defamation and misuse of private information.  There is a useful House of Commons Library “Standard Note” explaining the background to the proposals.