Case Law: Power Places Tours v Free Spirit, US residents obtain injunction to prevent online harassment – Iona Millership

14 05 2016

ppt_logo3_full (1)The High Court has granted injunctions to US claimants in relation to two closely related applications. The case (Power Places Tours Inc and others v Free Spirit and another) is unusual as one of the injunctions granted was to protect US residents from being harassed online by an individual, notwithstanding that they did not appear to have any special connection to the jurisdiction or to have suffered any detriment within it. Read the rest of this entry »





Case Law, Strasbourg: Bédat v Switzerland, Conviction and fine for a public interest article based on confidential criminal documents did not breach Article 10 – Calypso Blaj

7 05 2016

IllustreIn the case of Bédat v Switzerland  ([2016] ECHR 313) the Grand Chamber overturned the Chamber’s decision and reached the surprising conclusion that the conviction and fine imposed on the applicant journalist for publishing a public interest story containing information covered by the secrecy of criminal investigations did not constitute a violation of his Article 10 rights. Read the rest of this entry »





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 »








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