Category: defamation

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 sally

‘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

Posted October 16th, 2019 in defamation, disclosure, harassment, legal profession, news, police, prosecutions, rape, sexual offences by sally

‘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 sally

‘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

Posted July 10th, 2019 in appeals, bills, costs, defamation, freedom of expression, media, news, standard of proof, Supreme Court by sally

‘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

Defamation and church discipline: Otuo – Law and Religion UK

Posted June 24th, 2019 in Christianity, defamation, disciplinary procedures, fraud, interpretation, loans, news, ultra vires, vicarious liability by sally

‘In Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 1349 (QB), Mr Otuo had been “disfellowshipped” by the Jehovah’s Witnesses and an announcement to that effect had been made at a meeting of the Wimbledon Congregation [1 & 2]. Further, during a meeting at which he sought to be reinstated, he had recorded surreptitiously one of those present making what he alleged to be a defamatory statement.’

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Law and Religion UK, 20th June 2019

Source: www.lawandreligionuk.com

“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog

Posted June 18th, 2019 in appeals, damages, defamation, domestic violence, families, media, news, public interest, Supreme Court by sally

‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’

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UK Human Rights Blog, 17th june 2019

Source: ukhumanrightsblog.com

Landmarks in law: Sally Bercow and the first major ‘Twibel’ case – The Guardian

Posted May 29th, 2019 in defamation, internet, news by sally

‘Careless tweeting costs money, so beware. That is the message coming from the courts, which over recent years have had to deal with the “Twibel” cases that have arisen from potentially libellous posts made on social media.’

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The Guardian, 28th May 2019

Source: www.theguardian.com

Guidance on libel for the social media age – Law Society’s Gazette

Posted May 22nd, 2019 in appeals, codes of practice, defamation, domestic violence, internet, interpretation, news, Supreme Court by sally

‘”He tried to strangle me” – hardly innocuous words. But when Nicola Stocker posted them on Facebook in 2012 she could not have known it was the start of a 76-month libel dispute over two simple questions – questions that would reach the Supreme Court as Stocker v Stocker [2019] UKSC 17.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

Posted May 22nd, 2019 in appeals, bullying, defamation, disclosure, judges, litigants in person, media, news, public interest by sally

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

Posted May 20th, 2019 in abuse of position of trust, appeals, bankruptcy, bullying, charities, defamation, freedom of expression, judges, litigants in person, media, news, public interest by sally

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian

Posted May 16th, 2019 in assault, compensation, contempt of court, defamation, hate crime, immigration, news, racism, refugees, video recordings by sally

‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

CFA success fees abolished in privacy & defamation cases – Panopticon

Posted April 9th, 2019 in costs, defamation, fees, insurance, news, privacy by sally

‘So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.’

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Panopticon, 8th April 2019

Source: panopticonblog.com

Facebook ‘strangle’ post: Woman wins libel battle against ex-husband – BBC News

Posted April 4th, 2019 in appeals, defamation, domestic violence, internet, news, Supreme Court by sally

‘A woman has won a libel battle against her ex-husband over comments she made on Facebook about him trying to strangle her.’

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BBC News, 3rd April 2019

Source: www.bbc.co.uk

Syrian refugee ‘attack’: 16-year-old boy given police caution over incident at Huddersfield school – The Independent

Posted March 29th, 2019 in assault, asylum, bullying, defamation, hate crime, Islam, media, news, racism, refugees, video recordings, young offenders by sally

‘A boy accused of attacking a Syrian refugee at their school in Huddersfield has been given a police caution.’

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The Independent, 29th March 2019

Source: www.independent.co.uk

High Court: Media accused barrister of making death threats – Legal Futures

Posted March 26th, 2019 in barristers, bullying, defamation, harassment, media, news by sally

‘Barrister Barbara Hewson was accused by The Times and MailOnline of making death threats to a law student and subjecting him to “repeated acts of harassment and online bullying”, the High Court has held.’

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Legal Futures, 26th March 2019

Source: www.legalfutures.co.uk

Rachel Riley and Tracy Ann Oberman to take legal action after Twitter abuse – The Guardian

Posted February 22nd, 2019 in defamation, harassment, internet, news, political parties, racism by sally

‘The Countdown presenter Rachel Riley and former EastEnders actor Tracy Ann Oberman are preparing legal action against up to 70 individuals for tweets relating to their campaign against antisemitism in the Labour party, according to the pair’s lawyer.’

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The Guardian, 21st February 2019

Source: www.theguardian.com

MP Richard Burgon wins ‘Nazi metal band’ Sun libel case – BBC News

Posted February 7th, 2019 in damages, defamation, media, news, parliament by sally

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BBC News, 6th February 2019

Source: www.bbc.co.uk

Where does the Martin Lewis case leave media law? – Litigation Futures

Posted January 30th, 2019 in advertising, defamation, internet, media, news by sally

‘Last week’s settlement of Martin Lewis’s high-profile defamation claim against Facebook presents a noteworthy challenge to regulators about the practical application of media law to publishers of online advertising campaigns.’

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Litigation Futures, 30th January 2019

Source: www.litigationfutures.com