Case Law, Strasbourg: Delfi AS v Estonia: Strasbourg Undermines Freedom of Expression – Gabrielle Guillemin

6 10 2015

European-Court-of-Human-RightsOn 16 June 2015, the Grand Chamber of the European Court of Human Rights handed down its much-anticipated judgment in the Delfi AS v Estonia case. (no. 64569/09). The case concerned the liability of a news portal, Delfi AS, for the comments posted by its readers below the news articles on its website. Read the rest of this entry »

Case Law: Canada, Frank v Legate, Libel claim struck out as statements not capable of being defamatory and action an abuse – David Potts

4 10 2015

LegateOn 18 September 2015 in the case of  Frank v. Legate (2015 ONCA 631) the Ontario Court of Appeal dismissed an appeal from  the order of a motions court judge striking out the appellant’s  statement of claim on the ground that it did not disclose a reasonable cause of action. The Court also held that the claim was also an abuse of process and could also have been struck out on that basis. Read the rest of this entry »

Case Note: Schrems v Data Protection Commissioner, The beginning of the end for safe harbour? – Lorna Woods

26 09 2015

schremsThe Advocate General of the European Court of Justice has delivered his non-binding legal opinion in Schrems v. Data Protection Commissioner, a case brought by an Austrian citizen against the Irish Data Protection Commissioner concerning the transfer of Facebook data to US servers.  Professor Lorna Woods, University of Essex, reports and comments on the opinion – and its potential implications. Read the rest of this entry »

Case Law: Brett Wilson LLP v Persons Unknown, corporate damages and injunction against unknown operators of website – Hugh Tomlinson QC

21 09 2015

Solicitors from HellIn the case of Brett Wilson LLP v Persons Unknown ([2015] EWHC 2628 (QB))(16 September 2015) Warby J granted a permanent injunction against the unknown operators of the “Solicitors from Hell UK” website.  He also awarded damages of £10,000.  This is the first case under the Defamation Act 2013 in which a court has made an award of damages to a “body that trades for profit”. Read the rest of this entry »

Case Law, Northern Ireland: McAuley v Sunday Newspapers Ltd, Application for media injunction under Articles 2 and 3 dismissed – Hugh Tomlinson QC

9 09 2015

High-Court-BelfastOn 26 August 2015, Stephens J sitting in the Queen’s Bench Division in Northern Ireland, handed down judgment in the case of McAuley v Sunday Newspapers Ltd ([2015] NIQB 74).  The Judge dismissed an application by the plaintiff for an injunction to prevent two newspapers from “harassing, pestering, annoying or molesting” him by publication of information.  He also rejected the plaintiff’s application to continue reporting restriction and anonymization orders. Read the rest of this entry »

Case Law: ZYT v Associated, Tipping the balance, when is it in the public interest to take a look at a “private” relationship? – Kathy May

25 07 2015

Silhouete CoupleThe case of ZYT and another v Associated Newspapers Ltd  ([2015] EWHC 1162 (QB)) was (what is now) a comparatively rare example of an injunction being sought and granted in a privacy claim against a newspaper. Read the rest of this entry »

Case Law, Canada: Niemela v Google Inc, British Columbia Court dismisses claim for worldwide libel injunction against Google – Hugh Tomlinson QC and Sara Mansoori

24 07 2015

Google-Logo-Stone-WallIn the case of Niemela v Google (2015 BCSC 1024) the Supreme Court of British Columbia dismissed a claim for a worldwide interim libel injunction against Google by a Vancouver lawyer who had been subject to online abuse by someone he alleged to have been a former client.  The Judge entered summary judgment for Google on the whole action. Read the rest of this entry »


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