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 »

Limiting Reputational Damage – Rhory Robertson

3 07 2015

Rhory RobertsonDespite a surprise rise in defamation claims in 2014, libel actions are largely a thing of the past. The official statistics show a substantial decrease in the number of issued defamation claims over the past few years. For example, in 2013 there were 142 claims as opposed to 186 in 2012.  Read the rest of this entry »

A breach of the right to privacy justifies an award of damages for the act of misusing private information ‘per se’, says English High Court in phone-hacking decision – Alison Knight

27 06 2015

men-97290__180English privacy law is a slow-evolving story. Most of its principles have developed from case law since the Millennium, yet awards of damages by the courts in compensation for harm suffered as a consequence of privacy infringements (such as for distress and loss of dignity suffered by claimants) have typically been low. Read the rest of this entry »

United States: “Outrage Tort” Privacy and the Geek Squad – Susan Brenner

20 06 2015

Tuscaloosa_Federal_Courthouse,_Tuscaloosa_(Tuscaloosa_County_,_Alabama)This post examines an opinion in which a U.S. District Court Judge ruled on cross-motions for summary judgment filed, respectively, by the plaintiff who brought the lawsuit and by the defendant:  March v. Best Buy Stores, Inc., 2015 WL 3467036 (U.S. District Court for the Northern District of Alabama 2015). Read the rest of this entry »

News: MGN seeks permission to appeal against hacking damages awards in Gulati case – Louise Turner

11 06 2015

Mirror GroupMGN yesterday sought permission to appeal against the very large awards of damages made by Mr Justice Mann in the eight test claims in the hacking litigation arising out of voicemail interception at Mirror Group Newspapers (Gulati v MGN Ltd [2015] EWHC 1482(Ch)). Permission was refused by the Judge. MGN will now seek permission from the Court of Appeal. Read the rest of this entry »

Judicial Statistics: 2014, Defamation claims increase by 60%, the highest number since 2009

9 06 2015

ministry-of-justiceThe most recent annual Judicial Statistics – those for 2014 – show a substantial increase in the number of issued defamation claims, up by 60% on 2013.  In 2014 there were 227 issued defamation claims in London (where the large majority of claims are made) – as opposed to 142 in 2013.  This is the highest annual figure since 2009. Read the rest of this entry »

Why EU authorities are taking a closer look at Facebook’s privacy practices – Brendan Van Alsenoy and Valerie Verdoodt

5 06 2015

FacebookIn November last year, Facebook announced it would be updating its policies and terms. Changes were going to be made to the company’s data policy, cookies policy and terms of service. The revised policies and terms came into effect on January 30th, 2015. Read the rest of this entry »


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