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 »

South Africa: The case against criminal defamation – Dario Milo

29 09 2015

Case against Criminal DefamationThe ANC has dropped a welcome bombshell, saying the law has a chilling effect on free speech. One of the most significant events in the recent South African history of free speech and media law happened last Saturday at a workshop on criminal defamation, arranged by the ANC’s legal research group. 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 »

Libels, damned libels and statistics – Andrew Stephenson

18 09 2015

StatisticsCould it be that suing for defamation is back in fashion? Despite predictions that the Defamation Act 2013 would lead to a decrease in the number of claims, statistics now show a whopping 60 per cent increase in the number of defamation claims issued in London in 2014 compared to the year before. Read the rest of this entry »

United States: The Lawyer, Avvo and the Anonymous Review – Susan Brenner

13 09 2015

Courtroom,_United_States_Courthouse,_Sioux_City,_IowaThis post is about Deborah Thomson, a Florida attorney who “brought a defamation suit against Doe, an anonymous poster who wrote a negative review of Thomson on”  Thomson v. Doe, 2015 WL 4086923 (Court of Appeals of Washington 2015). Read the rest of this entry »

Case Law, Australia: Fairfax Media Publications Pty Ltd v Melinda Pedavoli: Fairfax loses damages appeal over false report of unnamed teacher preying on students – Yvonne Kux

6 09 2015

gazetteIn the case of Fairfax Media Publications Pty Ltd v Pedavoli  ([2015] NSWCA 237) the NSW Court of Appeal has unanimously dismissed an appeal by Fairfax Media over the $350,000 damages awarded to a female schoolteacher it falsely accused of sexually preying on male students. Read the rest of this entry »

Case Law, New Zealand: CPA Australia Limited v The New Zealand Institute of Chartered Accountants, Trial by accountant – Ali Romanos

4 09 2015

angry-cpaThe Wellington High Court trial between New Zealand’s two professional accounting bodies has ended in victory – albeit somewhat pyrrhic – for the defendant.  In a 61 page judgment in CPA Australia v NZICA [2015] NZHC 1854 Dobson J held that, whilst NZICA representatives had made some indefensible disparaging remarks, CPAA’s inability to establish pecuniary loss meant its claims could not be made out. Read the rest of this entry »


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