Case Comment: Axon v Ministry of Defence and NGN Ltd – former warship captain loses privacy claim for leaks to the Sun – Aidan Wills

20 04 2016

hms somersetOn 11 April 2016, Nicol J handed down judgment in Axon v Ministry of Defence ([2016] EWHC 787 (QB)), dismissing a former Royal Navy commanding officer’s privacy and breach of confidence claims against the Ministry of Defence (‘MoD’) for a former employee’s leaks to the Sun. Read the rest of this entry »





New Intermediary Liability from the Court of Human Rights, What will they mean in the real world? – Daphne Keller

19 04 2016

DelfiLast summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles. Read the rest of this entry »





Case Law: Burrell v Clifford, Costs and Proportionality in low value privacy cases – Iain Wilson

30 03 2016

Last month PR guru Max Clifford was ordered to pay the former Royal Butler Paul Burrell £5,000 compensation for the unauthorised disclosure of private information contained within a letter Mr Burrell had sent him.  There is a judgment on liability and quantum (Burrell v Clifford [2016] EWHC 294 (Ch)), although Mr Justice Mann’s earlier decision dismissing Mr Clifford’s strike out application on limitation and triviality grounds (Burrell v Clifford [2015] EWHC 2001 (Ch)) is arguably of wider importance.  This was discussed on the Brett Wilson blog last year. Read the rest of this entry »





Case Law, Strasbourg: Ärztekammer für Wien and Dorner v Austria, Injunctions prohibiting attack on company’s reputation did not violate Article 10 – Hugh Tomlinson QC

23 02 2016

Austrian DoctorsIn the case of Ärztekammer für Wien and Dorner v Austria ([2016] ECHR 179) the Fourth Section of the Court of Human Rights held that an injunction prohibiting a doctors’ leader from criticising a company which provided private health care was not an unjustified interference with his Article 10 rights. Despite the public interest in the subject matter, the protection of the commercial reputation of the company justified the grant of interim and final injunctions. Read the rest of this entry »





Case Law, Scotland: WF, Petitioner, The right to privacy and medical records – Seonaid Stevenson

20 02 2016

medrecordreview01In the case of WF, Petitioner ([2016] CSOH 27) the Outer House of the Court of Session has ruled that the right to privacy and medical confidentiality under Article 8 of the Convention entitles complainers to be heard and have legal representation before any orders are made for recovery of their medical records. Read the rest of this entry »





Northern Ireland District Judge acquits Pastor of “gross offence” against Muslims – Rosalind English

18 02 2016

molana“Silence is the language of God, all else is poor translation”. (Jalāl ad-Dīn Muhammad Rūmī , 13th Century Persian Islamic scholar and poet)These words were the last in the ruling by DJ McNally in the Belfast county court, acquitting Pastor McConnell of grossly offending Muslims in a sermon that had been delivered in church but also transmitted over the internet (DPP v McConnell [2016] NI Mag 1). Read the rest of this entry »





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 »








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