Case Law, Strasbourg: Axel Springer AG v Germany (No.2), The Politics of Article 10 – Alexia Bedat

23 07 2014

Was-verdient-er-wirklich-beim-Gas-Pip-2-The Fifth Section of the European Court of Human Rights forcefully reiterated the importance of freedom of expression in the political sphere in the case of Axel Springer AG v Germany (No.2) ([2014] ECHR 745)(French only). The Court held that the German courts had erred in finding that an article commenting on the circumstances in which the former Federal Chancellor of Germany had put an end to his term in office had overstepped the limits of journalistic freedom. Read the rest of this entry »





Case Law: Wissa v Associated Newspapers, Remember to plead the words complained of! – Valerie Paisner

15 07 2014

Daily MailThe recent case of Wissa v Associated Newspapers Limited ([2014] EWHC 1518 (QB)) is an important reminder that, when pleading a defamation claim, it is necessary to set out the precise text of the words complained of and that it is not sufficient to simply state where they can be found e.g. on a particular URL. Read the rest of this entry »





Case Law, R (T) v Secretary of State for the Home Department, Criminal record check regime incompatible with Article 8 – Anita Davies

29 06 2014

cbr_2433751bOn 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. Read the rest of this entry »





Case Law, Israel, Plony vs Plonit, Supreme Court Upholds Decision to ban book which invaded privacy – Michael Factor

27 06 2014

privacyThis decision by the Israel Supreme Court concerns an appeal by an author against a decision by Judge Kanfi-Steinitz of the Jerusalem District Court that included a permanent injunction prohibiting publication of his book and 200,000 Shekels in statutory damages.

The decision tackles fundamental constitutional issues and is notable for its review of Jewish sources as well as democratic ones.  The decision is available here (Civil Appeal 8954/11) as a Word document, in Hebrew.

Read the rest of this entry »





Case Law, Canada: Equustek Solutions v Jack, worldwide injunction against Google ordering removal of websites from search results – Hugh Tomlinson QC

26 06 2014

logoIn the case of Equustek Solutions Inc. v Jack (2014 BCSC 1063) the Supreme Court of British Columbia granted a remarkable interim injunction against Google Inc ordering it to stop indexing or referencing certain websites in its search results everywhere in the world.  In the course of the judgment the Judge considered a number of issues of general importance regarding orders against third parties engaged in worldwide e-commerce.  Google has indicated it will appeal. Read the rest of this entry »





News: German Court orders ex-partner to delete intimate images taken during relationship

31 05 2014

ImageA German Court has held that, after the conclusion of a relationship, one party may be ordered to delete intimate photographs and videos of the other which were taken during the relationship. Read the rest of this entry »





Case Law, Strasbourg: Erdoğan v Turkey, Criticising Judges and the importance of academic freedom – Hugh Tomlinson QC and Dirk Voorhoof

30 05 2014

mustafa_erdoğan_510On 27 May 2014, the Second Section of the Court of Human Rights handed down a judgment in the case of Mustafa Erdoğan v Turkey vindicating academic freedom and, in particular, the freedom to criticise the judiciary.  There is also an important concurring opinion which contains some interesting general reflections on the nature of academic freedom and the reasons why it should be protected under Article 10. Read the rest of this entry »





Case Law: AVB v TDD, No damages for solicitor whose private information was misused by short changed prostitute – Dania Rifaat

24 05 2014

AnonymousIn the unusual privacy case of AVB v TDD ([2014] EWHC 1442 (QB)), the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim and declined to award any damages but did grant him an injunction. Read the rest of this entry »





Case Law, Strasbourg: Brosa v Germany, Injunction banning political leaflet violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

23 05 2014

3219641In a victory for free expression, the European Court of Human Rights has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. In Brosa Germany ([2014] ECHR 432) criticised the German courts for refusing to hold that the leaflet was a fair comment on a matter of public interest, as the threshold for proving fair comment was “disproportionately high.” Read the rest of this entry »





Case Law: Hannon v NGN, Privacy, the police and payments, an arresting development – Dominic Crossley

20 05 2014

PoliceOn 16 May 2014 judgment was handed down in Hannon v NGN and Dufour v NGN ([2014] EWHC 1580 (Ch)),  cases which arise from Operation Elveden, the police investigation into corrupt payments by journalists to public officials.  Read the rest of this entry »








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