“A lie can get round the world before the truth has put its boots on”, the reporting of ‘forced adoptions’ – Sarah Phillimore

26 07 2015

new-fathers-4-justice-stop-forced-adoption-1It is ironic to note that the source of the title quote, so often used by the late great Sir Terry Pratchett has itself often been falsely attitributed – to both Mark Twain and Sir Winston Churchill. It seems likely that its source is Jonathan Swift – see further Freakonomics – Quotes Uncovered: How Lies Travel. Read the rest of this entry »





News: UK Supreme Court holds that CFA regime is compatible with Human Rights Convention

22 07 2015

uksccrest2_400x400The UK Supreme Court today handed down judgment in the case of Coventry v Lawrence ([2015] UKSC 50) [pdf]. By a majority of 5:2 the Court held that the conditional fee and after the event insurance regime brought in by the Access to Justice Act 1999 (“the AJA regime”) was compatible with the European Convention on Human Rights. Read the rest of this entry »





Case Law, Strasbourg: Peruzzi v Italy, Criminal defamation is OK as long as it concerns judges – Joseph Williams

18 07 2015

260px-Consiglio_Superiore_della_MagistraturaIn the Chamber judgment in Peruzzi v Italy ([2015] ECHR 629, only in French) handed down on 30 June 2015, the Court of Human Rights dismissed an application under Article 10 by a lawyer who had been convicted of criminal defamation of a judge.  The decision is a surprising and retrograde one in the light of the recent Grand Chamber decision in Morice v France (see the Inforrm case comment). Read the rest of this entry »





JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie Stalla-Bourdillon

10 07 2015

In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).

Read the rest of this entry »





Case Law: Re Application by JR 38 for Judicial Review, Supreme Court sharply divided on whether Article 8 engaged for child suspected of committing crime in public – Alex Bailin QC

4 07 2015

RiotThe UK Supreme Court was divided 3-2 in the recent appeal of Re an application by JR 38 for Judicial Review ([2015] UKSC 42) on whether Article 8 ECHR was engaged for a child aged 14 who was suspected of involvement in criminal rioting. Read the rest of this entry »





Comment is (not) free: E-Commerce back in the limelight – Anya Proops

30 06 2015

e-commerceI recently wrote about the settlement of the Max Mosley litigation against Google (see my post here). Had that case been fought to its conclusion, we would at the very least have had the pleasure of gaining greater insight into the weird and wonderful world of the E-commerce legislation. However, sadly that was not to be. Read the rest of this entry »





On Delfi v Estonia… Is it time to adopt a good-Samaritan style exemption? – Sophie Stalla-Bourdillon

24 06 2015

consentThe Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of the European Convention on Human Rights (ECHR). Given that we asked in an earlier post whether a passive and neutral intermediary could also be a data controller, it is interesting to have a look at the Delfi case to better grasp what a passive and neutral intermediary is or could be. Read the rest of this entry »








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