Search for: "State v. Odell"
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11 Aug 2023, 6:55 am
On May 4, 2023, in Daichendt and Odell v. [read post]
16 Feb 2011, 6:52 am
Nevertheless, the newspaper repeated the defamation: in an article alongside a photograph of Watters the newspaper had stated: We may have to apologise to this revolting pervert but will we mean it? [read post]
27 Mar 2020, 6:01 am
Emmerich, and Sabastian V. [read post]
18 Dec 2019, 4:08 pm
He gave Article 23 DPD a very narrow reading, contrary to CJEU decisions such as Case C–168/00 Leitner v TUI Deutschland GmbH [2002] ECR I–1631 (ECLI:EU:C:2002:163; ECJ, 12 March 2002), which held that compensation for “damage” must include both material and non-material damage, that is, both actual damage and distress (see also Case C-63/09 Walz v Clickair SA [2010] ECR I 4239 (ECLI:EU:C:2010:251; CJEU, 6 May 2010); Case… [read post]
7 Dec 2008, 4:18 pm
United States v. [read post]
9 Apr 2012, 5:57 pm
The reasons are not difficult to state. [read post]
17 Jul 2012, 8:00 am
On the other hand, both the High Court of Australia (Australian Capital Television v Commonwealth (1992) 177 CLR 106, [1992] HCA 45 (30 September 1992)) and the European Court of Human Rights (Verein gegen Tierfabriken Schweiz (VgT) v Switzerland (No 1) 24699/94, (2002) 34 EHRR 159, [2001] ECHR 412 (28 June 2001); TV Vest As & Rogaland Pensjonistparti v Norway 21132/05, (2009) 48 EHRR 51, [2008] ECHR 1687 (11 December 2008); Verein gegen Tierfabriken Schweiz (VgT)… [read post]
21 Sep 2020, 6:43 am
Balancing competing rights Irish defamation cases are increasingly replete with comments stating the need to balance the constitutional right to freedom of expression with the constitutional right to a good name. [read post]
2 Sep 2008, 4:55 pm
In the case of Odell v. [read post]
5 Jan 2017, 4:02 pm
But the differences with other European Union member states are even more striking, according to IPI research. [read post]
6 May 2012, 2:41 am
David Richards J held that this would therefore have involved a significant departures from two fundamental common law principles: first, the principle of open justice requires that trials are conducted in public; and, second, the principle of natural justice includes the right of a party to know the case against him and the evidence on which it is based (relying on Al Rawi v The Security Service [2011] UKSC 34 (13 July 2011) [10]-[13] (Lord Dyson); and later, in respect of open justice, to… [read post]
4 Jul 2016, 4:07 pm
I agree – if Kennedy and Sullivan are anything to go by, the levels are not very high (especially by comparison with damages for defamation; see Mosley v News Group Newspapers [2008] EWHC 1777 (QB) (24 July 2008) [212] (Eady J); though note also Representative Claimants v MGN Ltd [2016] 2 WLR 1217, [2015] EWCA Civ 1291 (17 December 2015)). [read post]
3 Apr 2012, 5:36 am
For example, there was much simplistic reference to the decision of the European Court of Human Rights in von Hannover v Germany 59320/00, (2005) 40 EHRR 1, [2004] ECHR 294 (24 June 2004)), without reference to the significantly narrower sequel in von Hannover v Germany (No 2) 40660/08 and 60641/08 [2012] ECHR 228 (7 February 2012) and Axel Springer AG v Germany 39954/08 [2012] ECHR 227 (7 February 2012). [read post]
18 Oct 2019, 4:24 pm
In her statement to the Commons, the Secretary of State said [with added links]: Protecting children is at the heart of our online harms agenda, and is key to wider Government priorities. [read post]
25 Jan 2013, 4:50 am
Indeed, it is still the case that no conversation about the state of the Irish economy is complete without a disparaging reference to him. [read post]
5 Apr 2011, 1:22 pm
In the case of State v. [read post]
21 Nov 2010, 6:01 am
The award is the highest award of damages for defamation in the history of the State. [read post]
10 Mar 2020, 4:36 am
On those aspects which reach the Court, there will be uniformity in the Member States. [read post]
26 May 2012, 3:02 pm
Georgia Shelby Bell, University of Minnesota: The Presidency as a Tool for Foreign Policy: An Exploration of the Implications of United States v. [read post]
26 May 2012, 3:02 pm
Georgia Shelby Bell, University of Minnesota: The Presidency as a Tool for Foreign Policy: An Exploration of the Implications of United States v. [read post]