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12 Jun 2019, 4:42 pm
The Supreme Court yesterday handed down its long awaited judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27. [read post]
12 Jun 2019, 2:25 am
This was in reference to the circumstances in which serious harm can be inferred in the absence of evidence of harm; the applicability of the common law repetition rule and the rule in Associated Newspapers Ltd v Dingle [1964] AC 371 excluding the admissibility of publications to similar effect. [read post]
10 Jun 2019, 1:00 am
This was in reference to the circumstances in which serious harm can be inferred in the absence of evidence of harm; the applicability of the common law repetition rule and the rule in Associated Newspapers Ltd v Dingle [1964] AC 371 excluding the admissibility of publications to similar effect. [read post]
27 May 2019, 4:35 pm
Judgment Warby J cited the relevant principles on meaning from paras 11 to 12 of Koutsogiannis v The Random House Group Ltd [2019] EWHC 48 (QB). [read post]
23 May 2019, 4:26 am
Lord Carnwath traced the case law on “ouster” clauses back to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, the widest reading of which was summarised by Lord Diplock in O’Reilly v Mackman [1983] 2 AC 279 as follows (emphasis added): “…if a tribunal whose jurisdiction was limited by statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have asked itself the wrong question,… [read post]
22 May 2019, 4:58 pm
Lord Carnwath traced the case law on “ouster” clauses back to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, the widest reading of which was summarised by Lord Diplock in O’Reilly v Mackman [1983] 2 AC 279 as follows (emphasis added): “…if a tribunal whose jurisdiction was limited by statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have asked itself… [read post]
10 May 2019, 4:48 pm
These cases range from ZH (Tanzania) v SSHD [2011] UKSC 4 (an immigration case) and ETK v News Group Newspapers Ltd [2011] EWCA Civ 439 through to PJS v News Group Newspapers Ltd [2016] UKSC 26. [read post]
6 May 2019, 1:32 pm
The fourth defendant was the freeholder, Darout Ltd. [read post]
24 Apr 2019, 7:28 am
In support of the first ground, the Claimants relied heavily on Gulati v MGN Ltd [2015] EWHC 1482 (Ch), upheld by the Court of Appeal in Representative Claimants v MGN Ltd [2015] EWCA Civ 1291. [read post]
16 Apr 2019, 7:29 am
He observed that the test for duty of care in Caparo Industries plc v Dickman [1990] 2 AC 605[3] was not necessarily the starting point in establishing whether a duty of care is owed by a parent company as this was not a “novel category of common law negligence liability”, but rather had already been considered in previous cases. [read post]
8 Apr 2019, 1:52 pm
The famous House of Lords decision, Tesco Supermarkets Ltd v Nattrass, [1972] AC 153 (which was later criticized as being overly-stringent) held that the requisite mental and conduct elements are only attributable to the entity if they can be traced to the top of the corporate hierarchy. [read post]
8 Apr 2019, 1:52 pm
The famous House of Lords decision, Tesco Supermarkets Ltd v Nattrass, [1972] AC 153 (which was later criticized as being overly-stringent) held that the requisite mental and conduct elements are only attributable to the entity if they can be traced to the top of the corporate hierarchy. [read post]
12 Mar 2019, 5:32 pm
On 4 March 2019, the decision in Venables & Anor v News Group Papers Ltd & Ors ([2019] EWHC 494 (Fam)) was handed down. [read post]
28 Feb 2019, 5:42 am
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge. [read post]
5 Jan 2019, 3:06 pm
A useful summary of this can be found in a case called Flannery & Anor v Halifax Estate Agencies Ltd [1999] EWCA Civ 81, where the Court of Appeal said : (1) The duty is a function of due process, and therefore of justice. [read post]
2 Jan 2019, 4:25 pm
Other cases, including Gros v Crook ((1969) 113 SJ 408) and Citizens Life Assurance Co Ltd v Brown ([1904] AC 423) appeared to support that approach. [read post]
11 Dec 2018, 2:30 am
Many of these quotations are from learned judgments including the inevitable quotation from Lord Denning MR - a classic from Rank Film Distributors Ltd v Video Information Centre [1982] 2 AC 380:"It is, it is a glorious thing, to be a Pirate King," said W. [read post]
4 Dec 2018, 4:08 pm
That defence, the full title of which is ‘publication on matter of public interest’, was introduced with Section 4 of the Defamation Act 2013 to replace the common defence of “responsible journalism” – dubbed the ‘Reynolds’ defence after the seminal House of Lords decision in Reynolds v Times Newspapers Ltd [2001] 2 AC 127. [read post]
3 Dec 2018, 4:32 pm
Ltd [2001] 2 WLR 992 concerned an application for an injunction by Michael Douglas and Catherine Zeta-Jones to prevent Hello magazine from publishing photos of their wedding. [read post]
29 Nov 2018, 9:05 am
Submissions of Privacy International and the Interested Parties Lord Justice Sales recorded the submissions of Privacy International, which, in summary, were that: RIPA 2000, s 67(8) is not drafted in sufficiently clear language to exclude a right to apply to the High Court for judicial review, particularly as s 67(8) ought to read in a narrow and restricted way in line with established principle; the restrictive approach to interpretation of ouster clauses which is illustrated by… [read post]
