Case Law: Kennedy v Charity Commission, Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – David Hart QC

31 03 2014

news-graphics-2007-_637463aIn 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. Read the rest of this entry »





Case Law, Australia: Bob Ell v Katie Milne, Billionaire gets $15,000 damages over defamatory email – Yvonne Kux

22 03 2014

gazetteBillionaire property developer awarded damages of $15,000 for defamation by Greens councillor, neither of whom appeared at trial … Verdict based on documents and submissions. Read the rest of this entry »





Case Law, Australia: Mickle v Farley, $105,000 awarded for defamatory tweets and Facebook posts – Patrick George

7 03 2014

gazetteA former NSW schoolboy who posted abusive and defamatory statements on Twitter and Facebook about a teacher at his school ordered to pay $105,000 damages … NSW District Court Judge Michael Elkaim found “the effect of the publication on the plaintiff was devastating” … Patrick George reports. Read the rest of this entry »





Case Law: Makudi v Triesman, Can the Bill of Rights protect words spoken outside Parliament? – Harry Kinmonth

26 02 2014

Lord TriesmanIn an important decision on the scope of protection afforded to Parliamentarians against actions for libel, the Court of Appeal has today ruled in Lord Triesman’s favour in the libel claim brought against him by the head of Thailand’s football federation: Dato Worawi Makudi v Baron Triesman of Tottenham in the London Borough of Haringey ([2014] EWCA Civ 179). Read the rest of this entry »





Case Law: David Miranda v Secretary of State, Detention challenge dismissed – Rosalind English

20 02 2014

David MirandaIn the case of David Miranda v Secretary of State for the Home Department, the Commissioner of Police for the Metropolis and three interveners ([2014] EWHC 255 (Admin)) the High Court rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. Read the rest of this entry »





Case Law: Swansea v XZ, reporting restriction order prevents identification of criminal defendant [Updated]

13 02 2014

male-female-silhouetteIn the case of Swansea v XZ ([2014] EWHC 212 (Fam)), which Moor J described as “wholly exceptional”, an order was made preventing the reporting the name of a defendant who had pleaded guilty in a criminal case (“the Mother”). Read the rest of this entry »





Case Law, Strasbourg: Lavric v Romania, the Positive Obligation to Protect Reputation – Hugh Tomlinson QC

30 01 2014

romania-libera4Under the European Convention on Human Rights, States have obligations ensure the protection both the freedom of expression and of the reputation in their domestic law.  The dismissal by a domestic court of a defamation claim may be a breach of the positive obligation to protect the claimant’s reputation. The recent case of Lavric v. Romania ([2014] ECHR 44) provides a particularly striking example of such a breach.
Read the rest of this entry »





Case Law, Vidal-Hall v Google, New Year, new tort of misuse of private information – Dominic Ruck Keene

27 01 2014

google-sign-9 A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998.  In this judgment (Vidal Hall and Ors v Google Inc [2014] EWHC 13 (QB)) the Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.  Read the rest of this entry »





Case Law, Strasbourg: Ruusunen v Finland, The Private of Life of a Prime Minister – Dominic Crossley

20 01 2014

matti-vanhanenThe right to privacy for a European head of state has hardly been more topical.  Just as we (perhaps more so than the French) are transfixed by the surreptitious scooter-shenanigans of President Francois Hollande, the European Court of Human Rights publishes its judgment in a case concerning the privacy of the Finnish ex-Prime-Minister Matti Vanhanen, Ruusunen v Finland. Read the rest of this entry »





Case Law, Strasbourg: Ungváry and Irodalom KfT. v. Hungary, Sanctions on historian violated Article 10 – Hugh Tomlinson QC

3 12 2013

6198883619In its judgment in the case of Ungváry and Irodalom Kft v. Hungary ([2013] ECHR 1229), the Second Section of the Court of Human Rights held that defamation judgments against a historian and a literary weekly violated Article 10. The decision in relation to the historian (which was by a 4:3 majority) involved, once again, the questionable application of the “Axel Springer criteria” for balancing Articles 8 and 10 in the defamation context. The case gives rise to a number of difficult legal and factual issues. Read the rest of this entry »








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