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1 May 2024, 6:56 pm
[2] Herbert Morris Ltd v Saxelby [1916] 1 AC 688. [read post]
31 Mar 2024, 1:17 am
Quick links Jack Blackburn, The Times: How a 96-year-old law could stop Easter hopping around the calendar. 3PB Barristers, Lexology: Protected beliefs and social media storms: on Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30. [read post]
23 Mar 2024, 5:29 pm
MGN Ltd. [read post]
27 Feb 2024, 12:50 am
(1) For the shipowner to have given up a valuable right of a contribution in General Average in relation to well-known kidnap and ransom risks requires a clear agreement to that effect – Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689, 717 [read post]
8 Feb 2024, 4:09 pm
To aid it enquiries at this stage, the Court has formulated a series of now well-established principles to assist it in distinguishing between the two, summarised in the case of Koutsogiannis v The Random House Group Ltd [2019] EWHC 48 (QB):- “i) The statement must be recognisable as comment, as distinct from an imputation of fact. ii) Opinion is something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation, etc.… [read post]
22 Jan 2024, 4:15 pm
On 1 December 2023, Jay J handed down judgment in Dyson v MGN Ltd [2023] EWHC 3092 (KB). [read post]
3 Jan 2024, 12:08 am
This is reminiscent of a similar omission in the restatement by the UK Supreme Court in Rubin v Eurofinance SA [2013] 1 AC 236, [2012] UKSC 46, which has since been taken as authoritative for the proposition that residence is not a basis of international jurisdiction under English common law. [read post]
4 Dec 2023, 4:25 pm
In the context of freezing injunctions, an explicit rationale for granting interim relief in aid of foreign proceedings has been that the relief preserves the assisting court’s ability to enforce the foreign court’s final judgment (see Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24, [2023] AC 389). [read post]
4 Dec 2023, 7:41 am
Background In 2006, Mrs Potter entered into a regulated loan agreement with Egg Banking plc (later known as Canada Square Operations Ltd, “Canada Square”). [read post]
13 Nov 2023, 4:57 pm
The threshold of seriousness Master Bell reflected upon two notable cases, Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946 and Thornton v Telegraph Media Group Ltd [2011] 1 WLR 1985. [read post]
17 Oct 2023, 2:26 am
In Depp II v News Group Newspapers Ltd [2020] EWHC 2911 (QB) Nicol J outlined that where there is an allegation of serious criminality, clear evidence is required. [read post]
4 Oct 2023, 4:30 pm
It is an essential element of the cause of action for defamation that the words complained of should be published “of and concerning” the claimant: Knuppfer v London Express Newspaper Ltd [1944] AC 116, 121 [1944] UKHL 1 (03 April 1944) 19. [read post]
13 Aug 2023, 4:08 pm
The mark was AC COBRA registered [read post]
11 Aug 2023, 8:40 am
In this post, Romina Rivero and Elizabeth Lombardo of CMS preview the decision awaited from the Supreme Court in Canada Square Operations Ltd v Potter [2021] EWCA Civ 339. [read post]
29 Jul 2023, 3:48 am
The Court of Appeal found that the Judge should have instead reviewed the broadcast in the light of the knowledge of the claimant companies which a hypothetical viewer acquainted with those companies would possess (adopting the test derived from Knupffer v London Express Newspaper Ltd [1944] AC 116). [read post]
28 Jul 2023, 12:13 pm
" This means that a claimant must prove as a fact that his reputation has actually suffered serious harm as a result of the publication complained of, or that this is likely to happen: Lachaux v Independent Print Ltd [2019] UKSC 27, [2020] AC 612. [read post]
5 Jul 2023, 4:37 pm
Furthermore, there can be no reasonable expectation of privacy once that person has been charged with a criminal offence; still less in respect of proceedings in open court (PNM v Times Newspapers Ltd [2019] AC 161, [2017] UKSC 49 (19 July 2017)). [read post]
4 Jul 2023, 4:32 pm
The Court adopted a more literal definition of ‘echo chamber’ [57], and cited (at [59]) the rule in Associated Newspapers Ltd v Dingle [1964] AC 371 that evidence of harm to the claimant’s reputation depends on the testimony of witnesses who know the claimant and can testify to the relevant sector of their reputation, and its continued relevancy to the serious harm test according to the Supreme Court in Lachaux. [read post]
16 Jun 2023, 1:29 am
Of most significance to these appeals is the Court of Appeal decision in Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194) (‘Novo’) Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013) (bailii.org). [read post]
15 Jun 2023, 12:16 am
National Association of Self-Employed and Small Businesses Ltd [1982] AC 617, [at 10] and noted the particular relevance to the instant case of McCourt [2020] EWHC 2320 (Admin). [read post]
