Michaelmas Legal Term: Media and Law Preview [Updated]

9 10 2016

Royal Courts of JusticecThe first term of the legal year, Michaelmas, began on 3 October and ends on 21 December 2016.  In this post we preview the media law trials and appeals due to be heard this term and draw attention to some important pending cases in Strasbourg.


We understand that there are seven trials listed for this term for this term.

The longest trial is in the case of Shakil-Ur-Rahman v Ary Network Ltd & Anor.  It is listed for 7 to 10 days beginning on 31 October 2016. This trial follows the determination of preliminary issues as to meaning by Haddon-Cave J on 27 November 2015 ([2015] EWHC 2917 (QB)).  The PTR will take place on 10 October 2016.

The following trials are also listed

  • 17 October 2016, Ibe v Ndulor, listed for 3 days
  • 14 November 2016, Ali-Harrath –v- Mollazadeh,  listed for 3 days
  • 14 November 2016, HCN v Chelsea & Westminster NHS Trust, listed for 2 days.
  • 23 November 2016, Candy v Holyoake & ors listed for 2-3 days
  • 28 November 2016, Baxmann & anr v Etok  listed for 2 days
  • 6 December 2016, Fly Me Now Ltd v Quick Air Jet Ltd, listed for 2 days


On 28-29 November 2016, the Court of Appeal will hear the two appeals in Lachaux v Independent Print Limited.  The first is against the important decision of Warby J on “serious harm”  ([2015] EWHC 2242 (QB))(see our case comment here).   The second is against the decision of Sir Michael Tugendhat on issues of privilege ([2015] EWHC 3677 (QB)). The decision on “serious harm” is likely to be the most important case so far on this issue.

[Update] On 29 or 30 November 2016, the Court of Appeal will hear three appeals in the case of His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publish Limited.  These are appeals against orders of Dingemans J concerning the meaning of the words complained of ([2016] EWHC 1084 (QB)) and relating to amendments to include a claim for breach of the Data Protection Act 1998 ([2015] EWHC 2021 (QB)).

The judgment of the Court of Appeal in Northern Ireland in the case of CG v Facebook is likely to be handed down this term – the hearing having taken place on 4 and 5 April 2016 (see our preview of the case from April 2016).

Permission Applications

There are a number of applications for permission to appeal pending before the Court of Appeal

In addition, applications for permission to appeal in the following case are awaiting decisions by the single judge  


On 30 November 2016, there will be a Grand Chamber hearing in the case of Bărbulescu v. Romania (a case concerning surveillance of internet usage in the workplace, see our post here)

Judgment is awaited in two important Grand Chamber cases

  • Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, heard on 14 September 2016 (see our post here)
  • Magyar Helsinki Bizottság v. Hungary, heard 4 November 2015 (concerning the question as to whether there is an Article 10 right to freedom of information)

Please let us know if there are any hearings or applications which should be added to this preview.

*Inforrm would like to thank Benjamin Pell for his assistance in preparing this preview.



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9 10 2016

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