Case Law, Australia: Bleyer v Google Inc, “Search results” libel action stayed as “disproportionate” – Hugh Tomlinson QC

22 08 2014

Roland BleyerIn the case of Bleyer v Google ([2014] NSWSC 897) the Supreme Court of New South Wales stayed a libel action  against Google Inc based on defamatory snippets because the resources of the court and the parties that would be expended were disproportionate to the plaintiff’s interest in obtaining vindication.  In the course of her judgment McCallum J held that Google was not the publisher of the results produced by its search engine. Read the rest of this entry »





Case Law, Kadir v Channel S Television, Assessment of damages in a libel claim – Sara Mansoori

31 07 2014

channelsuksThe case of Kadir v Channel S Television [2014] EWHC 2305 was a hearing for assessment of damages in a libel claim following default judgment.  The Defendant, a Channel broadcasting in the UK in the Bengali language, carried a news item in December 2011 alleging that the Second Claimant, a money transfer business, was reasonably suspected of fraud and that its director, Mr Kadir, had dealt with suspicions against the business’ employees in a highly evasive and incompetent manner. Read the rest of this entry »





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 »








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