European Court of Human Rights: Article 10 case law, July to October 2015

31 10 2015

ARCHITECTURE STOCKIn the four months from 1 July to 31 October 2015, the Court of Human Rights handed down judgments in 11 cases where an Article 10 issue was central.  Violations of Article 10 were found in 7 of the 11 cases. The cases are as follows: Read the rest of this entry »

Case Law, Strasbourg: Koutsoliontos and Pantazis v Greece, Blurring the line between speech and speaker – Joseph Williams

24 10 2015

european_court_of_human_rightsOn 22 September 2015, the First Section of the European Court of Human Rights handed down a judgment in Koutsoliontos and Pantazis v Greece ([2015] ECHR 815)(in French), in response to two applications made against the Hellenic Republic, alleging a violation of Article 10 of the European Convention on Human Rights. The Court ruled that the domestic court’s order of €15,000 to be paid jointly and severally by the defendants, constituted a violation of Article 10. Read the rest of this entry »

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 »


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