Case Law: Sports Direct International v Rangers, A level playing field for contempt – Dan Tench

12 02 2016

Sports DirectThe decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive relief. Read the rest of this entry »





MTE v Hungary: is the ECtHR rewriting Delfi v Estonia? – Sophie Stalla-Bourdillon

9 02 2016

ARCHITECTURE STOCKA few months after the now infamous judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Delfi v Estonia  (for background, see my earlier post here), the Fourth Section of the Court issued on 2 February 2016 a judgment (MTE v Hungary) dealing with similar issues. Read the rest of this entry »





Case Law, R (Miranda) v Secretary of State for the Home Department, Stop Powers under Terrorism Act incompatible with Article 10 – David Scott

27 01 2016

David Miranda 2On 19 January 2016 the Court of Appeal handed down judgment in R (on application of Miranda) v Secretary of State for the Home Department ([2016] EWCA Civ 6).  The case concerned David Miranda’s detention under the Terrorism Act 2000.  While upholding the lawfulness  of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10. Read the rest of this entry »





Case Law, New Zealand: Wishart v Murray, Social media libel, Justice Courtney’s Christmas gift for practitioners – Ali Romanos

19 01 2016

FB-twitter pic (2)In Wishart v Murray and ors ([2015] NZHC 3363) – the latest instalment of New Zealand’s leading case on social-media liability, now entering its fourth calendar year of interlocutory skirmishing – Courtney J confronted vexed issues in social-media-borne proceedings. Read the rest of this entry »





Case Law, Strasbourg: Barbulescu v Romania, Surveillance of Internet Usage in the Workplace – Kate Richmond

17 01 2016

On 12 January 2016, in the case of Barbulescu v Romania ([2016] ECHR 61) the European Court of Human Rights, by 6 votes to 1, dismissed a Romanian national’s appeal against his employer’s decision to terminate his contract for using a professional Yahoo Messenger account to send personal messages to his fiancé and brother. Read the rest of this entry »





Media injunctions: appeal against injunction refused in Weller case – Iona Millership

16 01 2016

PaparazziIn Weller and others v Associated Newspapers Limited, ([2015] EWCA Civ 1176) the Court of Appeal has rejected an appeal by Associated Newspapers Limited, publishers of the Mail Online website, against a finding of liability in the tort of misuse of private information arising from the unauthorised publication of unpixelated paparazzi photographs of Paul Weller’s children taken on a family outing, which were originally published by the Mail Online in October 2012, and an injunction preventing re-publication of the same. Read the rest of this entry »





Case Law, Strasbourg: Cengiz and Others v. Turkey: a tentative victory for freedom of expression online – Marina van Riel

10 01 2016

You Tube BlockOn 1 December 2015, the European Court of Human Rights released a judgment in the case of Cengiz and Others v. Turkey. The main question put before the Court was whether the blocking of the popular video-sharing website YouTube constituted a violation of users’ Convention rights. Having first established the victim status of the applicants, the Court went on to find a violation of their right to receive and impart information under Article 10 ECHR. Read the rest of this entry »








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