Case Law: Lachaux v Independent Print, “Serious Harm” under the Defamation Act 2013 and the drawing of inferences – Hugh Tomlinson QC

4 08 2015

mark-warbyIn the case of Lachaux v Independent Print ([2015] EWHC 2242 (QB)) Warby J gave judgement on preliminary issues including in relation to “serious harm” in a number of libel actions brought against three newspapers and the Huffington Post.  He agreed with the analysis of “serious harm” in the earlier cases – damage to reputation must be proved and cannot be presumed.  He nevertheless went on to find that there was, in fact, serious harm in relation to four of the five articles complained of. Read the rest of this entry »





Summer Law and Media Round Up – 3 August 2015

3 08 2015

summer-news-620x279The legal term ended on Friday 31 July 2015 and we will not be publishing regular “Law and Media Round Ups” again until the beginning of next term in October 2015.  We will, however, publish occasional “Summer Round Ups” drawing attention to recent developments. This is the first.  We will also publish, shortly, a Round Up of the Legal Year. Read the rest of this entry »





Case Law: Cheshire West and Chester Council v Pickthall, Harassment and pursuing criminal conduct – Dan Tench

2 08 2015

Cheshire-West-and-Chester-CouncilIn Cheshire West and Chester Council and others v Pickthall, [2015] EWHC 2141 (QB) Mr Justice Edis granted an interim injunction under the Protection from Harassment Act 1997 (the “PHA”) to restrain the defendant from publishing allegations of criminal conduct on the part of the claimant Council and various individuals associated with it.  In doing so, he showed the balance between freedom of expression and protection from harassment at the interim stage. Read the rest of this entry »





Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams

1 08 2015

academia-catavencu-ultimul-numar-fondatoriiOn 7 July 2015, the Third Section of the European Court of Human Rights handed down a judgment in Morar v Romania ([2015] ECHR 668)(available only in French), ruling that a domestic court’s finding of criminal defamation against a journalist violated Article 10 principles on freedom of expression. Unfortunately, the court failed properly to engage with the issue of journalistic bad faith.  Read the rest of this entry »





United States: The “Pocket Dial,” Wiretapping and a Reasonable Expectation of Privacy – Susan Brenner

31 07 2015

Pocket DialThe U.S. Court of Appeals for the 6th Circuit recently issued an interesting opinion in a civil suit:  Huff v. Spaw, 2015 WL 4430466 (2015) [pdf]. The court began its opinion by explaining that “[t]his case requires us to consider whether a person who listens to and subsequently electronically records a conversation from an inadvertent `pocket-dial’ call violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et seq. (`Title III’).”   Read the rest of this entry »





Up Periscope, the rise of Twitter’s live streaming app – Ellis Schindler

31 07 2015

twitter-_-periscopeIt’s not much of an exaggeration to say that social media is starting to dominate everyday life. You can capture your every thought and activity in a status, photograph or video and broadcast it to family, friends and random strangers, if that kind of thing takes your fancy. Read the rest of this entry »





South Africa: Are some politicians scandalising the courts? – Dario Milo

30 07 2015

South-African-Constitutional-CourtIn recent weeks, following the Al-Bashir scandal, some of our most powerful politicians have made provocative statements highly critical of aspects of our judiciary. Read the rest of this entry »








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