New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Libel judge issues “wasteful” bundles warning – Litigation Futures

Posted June 1st, 2020 in case management, defamation, documents, media, news, proportionality by sally

‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Barrister in libel battle with TV personalities – Legal Futures

Posted May 20th, 2020 in barristers, defamation, internet, news by sally

‘Comments about TV stars Rachel Riley and Tracy-Ann Oberman made in an article retweeted by a London barrister were defamatory, the High Court has ruled in a preliminary hearing.’

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Legal Futures, 19th May 2020

Source: www.legalfutures.co.uk

Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette

Posted May 19th, 2020 in defamation, news, sanctions, time limits, witnesses by sally

‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Tommy Robinson accused Syrian teen of attacking girl, judge finds – The Guardian

Posted April 22nd, 2020 in defamation, internet, news, violence, young persons by sally

‘Online comments made by the far right activist Tommy Robinson about a Syrian teenager amounted to accusations that the young refugee had “participated in a violent assault on a young girl” and “threatened to stab another child”, a judge has ruled.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

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Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk

Defamation: judge backs publisher over article meaning – OUT-LAW.com

Posted March 6th, 2020 in defamation, interpretation, media, news by tracey

‘Associated Newspapers has won the first round of a legal battle with property owners over the meaning of an article published on Mail Online.’

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OUT-LAW.com, 6th March 2016

Source: www.pinsentmasons.com

UN warns of rise of ‘cybertorture’ to bypass physical ban – The Guardian

‘Psychological torture is being exploited by states to circumvent the more widely understood ban on physically inflicting pain and may open the way to a future of “cybertorture”, the UN torture rapporteur has said.’

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The Guardian, 21st February 2020

Source: www.theguardian.com

Anna Turley libel trial: Former Labour MP wins £75,000 damages – BBC News

Posted December 20th, 2019 in damages, defamation, internet, news, trade unions by tracey

‘Anna Turley libel trial: Former Labour MP wins £75,000 damages.’

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BBC News, 19th December 2019

Source: www.bbc.co.uk

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Restrictions to maintain free and fair elections – Law Society’s Gazette

Posted December 2nd, 2019 in advertising, defamation, elections, news by sally

‘Elections are hotly contested affairs, rife with accusations and mud-slinging. George Bernard Shaw put it bluntly: ‘An election is a moral horror, as bad as a battle except for the blood; a mud bath for every soul concerned in it.’ ‘

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Law Society's Gazette, 2nd December 2019

Source: www.lawgazette.co.uk

Tommy Robinson appears in High Court over ‘very serious allegations’ about Syrian child bullied in viral video – The Independent

‘Tommy Robinson has appeared at the High Court over his comments about a Syrian refugee boy who was filmed being attacked at his school in Huddersfield.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Media and Defamation Law – The Pupillage Podcast

Posted November 6th, 2019 in defamation, freedom of expression, injunctions, media, news, privacy by sally

‘The recent announcement by the Duke and Duchess of Sussex — aka Harry and Meghan — that they are planning to sue Associated Newspapers after the Mail on Sunday published a private letter from Meghan to her father, has put the spotlight on media and defamation law – the topic of this episode of the pupillage podcast. We hear about celebrities and super injunctions, but also learn that nothing is beyond the reach of this fascinating area of law, from anti-semitism, to medical research, to the parish newsletter. If you’re interested in the conflict between free speech and privacy, and in truth and opinion then this episode is for you.’

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The Pupillage Podcast, October 2019

Source: soundcloud.com

Post-Legislative Memorandum: The Defamation Act 2013 – Ministry of Justice

Posted October 18th, 2019 in defamation, legislation, news, reports, select committees by tracey

‘This post-legislative memorandum contains information on the operation of the Defamation Act 2013 for consideration by the Justice Select Committee.’

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Ministry of Justice, 17th October 2019

Source: www.gov.uk

#MeToo and the justice system: complaints up, but convictions down – The Guardian

‘The clearest impact of the #MeToo movement on the British justice system has been a sharp rise in the number of complaints made to police of rape and sexual assault over the past two years.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

Solicitor secures injunction to stop web harassment – Legal Futures

Posted October 10th, 2019 in defamation, default judgments, harassment, injunctions, internet, news, solicitors by tracey

‘A partner at listed law firm Knights has secured a High Court injunction to prevent a former Oxford University student making “false and damaging allegations” against him.’

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Legal Futures, 10th October 2019

Source: www.legalfutures.co.uk

High Court rejects libel claim over email sent by in-house lawyer – Legal Futures

Posted July 30th, 2019 in defamation, electronic mail, fraud, hospitals, human rights, news, privacy, solicitors by sally

‘The High Court has rejected a libel claim by a woman who an in-house lawyer suggested in an email had potentially acted fraudulently.’

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Legal Futures, 30th July 2019

Source: www.legalfutures.co.uk

Free speech victory or charter for higher costs? – Law Society’s Gazette

‘The Supreme Court’s recent clarification of the ‘serious harm’ threshold for defamation claims has been welcomed by newspapers as a victory for free speech. In fact, it is more likely to mean escalating costs and uncertainty for claimants and defendants alike.’

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Law Society's Gazette, 8th July 2019

Source: www.lawgazette.co.uk