News: Supreme Court dismisses newspapers’ Article 10 CFA appeals

11 04 2017

In a unanimous judgment ([2017] UKSC 33) handed down today the UK Supreme Court dismissed the appeals by Times Newspapers, Associated Newspapers and MGN against orders that they pay success fees and after the event insurance premiums (“additional liabilities”) under conditional fee agreements (“CFAs”) in libel and privacy claims. Read the rest of this entry »





Case Law, Strasbourg: Olafsson v Iceland, Website editor not liable for publishing sexual allegations against candidate – Ed Klaris and Alexia Bedat

20 03 2017

In the case of Olafsson v Iceland ([2017] ECHR 259) the Court of Human Rights held that the Icelandic courts were wrong to hold a website editor liable for publishing allegations made by two sisters that their relative, A, who was standing for election for the Constitutional Assembly had sexually abused them when they were children. Read the rest of this entry »





Case Law, Strasbourg: Lykin v. Ukraine, Free speech and elected officials – Ed Klaris & Alexia Bedat

17 01 2017

european_court_of_human_rightsOn 12 January 2017, the Court of Human Rights handed down judgment in the case of Lykin v Ukraine ([2017] ECHR 17), providing a timely reminder that freedom of political expression under Article 10 can trump reputation. Read the rest of this entry »





News: Supreme Court gives permission to appeal in Mirror phone hacking costs case

27 10 2016

510-supreme-court-1On 26 October 2016, the Supreme Court (Lords Mance, Reed and Toulson) gave Mirror Group Newspapers permission to appeal against a decision of Mann J on costs and CFAs. Read the rest of this entry »





News: Supreme Court CFA appeals to be heard over 3 days in January 2017

4 10 2016

uksccrest2_400x400The joined appeals in Flood v Times Newspapers and Miller v Associated Newspapers in which the press arguing that CFA success fees and ATE insurance are contrary to Article 10 have been listed for a three day hearing on 24, 25 and 26 January 2017. Read the rest of this entry »





News: Supreme Court gives Mail permission to appeal in human rights challenge to CFAs

5 09 2016

UKSC-exteriorOn 2 August 2016, the Supreme Court (Lords Mance, Clarke and Wilson) gave the Daily Mail permission to appeal [pdf] in the case of Miller v Associated Newspapers Ltd, a human rights challenge to CFA success fees and ATE insurance. Read the rest of this entry »





Case Law, Strasbourg: Pinto Coelho v. Portugal (No.2), Open Justice, Article 10 and Broadcasting recordings of hearings – Hugh Tomlinson QC

26 03 2016

18726989_VefAtIn the case of Pinto Coelho v Portugal (No.2) ([2016] ECHR 296)(only in French) the Fourth Section of the Court of Human Rights held (by a 6:1 majority) that the imposition of a fine on a journalist who had published unauthorised audio recordings of a criminal trial was a breach of Article 10.  The case has potentially wide implications for jurisdictions such as England and Wales which continue to prohibit the transmission of recordings of criminal trials. Read the rest of this entry »