Case Law: Cruddas v Calvert, Sunday Times appeal allowed in part, ex Conservative Treasurer’s damages reduced to £50,000

17 03 2015

Sunday Times CruddasThe Sunday Times and two of its journalists have been partially successful in their appeal against the decision of Tugendhat J in Cruddas v Calvert awarding damages of  £180,000 to former Conservative party treasurer, Peter Cruddas ([2015] EWCA Civ 171). The Court of Appeal unanimously allowed the appeal on one of three grounds, finding that the allegation of corrupt conduct was true. Read the rest of this entry »





Case Comment: Fenty v Arcadia Group Brands Ltd, Rihanna succeeds in controlling how her image is used – Sara Mansoori

19 02 2015

riri%20tshirtRihanna’s successful claim against Topshop, which prevents it from selling t-shirts displaying a photograph of her, has been reported as being ‘a test case about the ability of celebrities to control their public image’ (see The Guardian’s report of the judgment). It was, in fact, a passing off claim and, as the Court of Appeal made clear in their decision ([2015] EWCA Civ 3), there is in English law no right to control one’s image. Read the rest of this entry »





Case Law, Strasbourg: Braun v Poland, The same Article 10 standards apply to everyone involved in public debate – Hugh Tomlinson QC

4 12 2014

Grzegorz BraunIn the case of Braun v Poland (Judgment of 4 November 2014), the Fourth Section of the Court of Human Rights found that the domestic courts had violated Article 10 by applying stricter standards to a commentator than were applied to journalists.  The same standards of “responsibillity” should be applied to all participants in general interest public debates. Read the rest of this entry »





Case Law: ReachLocal v Bennett, Libel general and special damages award totals £443,000 – Max Campbell

3 12 2014

ReachLocalIn ReachLocal UK Ltd and another v Jamie Bennett and others [2014] EWHC 3405 (QB), the Claimants (both subsidiaries of an international online marketing group) sued for defamation following a campaign to discredit them by a former affiliate company and individuals connected to it.  Read the rest of this entry »





Case Law, Strasbourg: Matúz v. Hungary, Whisteblower protection for TV journalist – Dirk Voorhoof

27 11 2014

Whistleblower onlineThe recent judgment of the European Court of Human Rights in the case of Matúz v. Hungary again illustrates the need for strict scrutiny to keep up the standards of media freedom and the right of freedom of expression and information in European pluralistic democracies.   Read the rest of this entry »





Case Law, Strasbourg: Ion Cârstea v. Romania, Breach of positive obligation to protect the right to reputation – Hugh Tomlinson QC

25 11 2014

republicaIn the case of Ion Cârstea v. Romania (Judgment of 28 October 2014) the Third Section of the Court of Human Rights held that dismissal of the applicant’s domestic defamation proceedings was a violation of the positive Article 8 obligation to protect his right to reputation.

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Case Law, Strasbourg: Conviction of journalist for reporting about sex abuses violated Article 10 – Flutura Kusari and Dirk Voorhoof

13 11 2014

Iceland-DVIn Erla Hlynsdottir v. Iceland (No. 2), an Icelandic journalist had been convicted for defamation after reporting that the director of a Christian rehabilitation centre and his wife had been involved in sex games with patients of the centre. Read the rest of this entry »








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