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11 Apr 2011, 3:28 am by INFORRM
” She expresses particular concern about the different rules relating to prior restraint in both areas, concluding “There are those who argue that the rule in Bonnard v Perryman should be revisited because it gives precedence to freedom of expression over the rig [read post]
24 Feb 2011, 4:07 pm by INFORRM
On 15 February 2011 the Court of Appeal gave judgment in Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123, a case concerning a civil claim brought under the Protection from Harassment Act 1997 (“the PHA”). [read post]
16 Feb 2011, 6:52 am by INFORRM
Much as the common law rule in Bonnard v Perryman had been, this section will have to be read subject to freedom of expression provisions of the Constitution and the Convention. [read post]
15 Dec 2010, 4:39 am by Rob Robinson
http://tinyurl.com/2fwrnjl (Ralph Losey) Legal Hold Guidelines for every Legal Department - http://tinyurl.com/37c9cww (Heidi Maher) Preventing Employees from Hoarding Electronic Documents - http://tinyurl.com/35wtj6d (Mark Diamond) Ruling on Cell Phone Tower Data Raises Privacy Issues - http://tinyurl.com/2aazkvw (Leonard Deutchman) Safely Storing Confidential Customer Data in the Cloud - http://tinyurl.com/2ffgat4 (Dinsmore & Shohl) Spencer on Pre-Litigation Preservation & Spoliation -… [read post]
13 Dec 2010, 4:23 pm by INFORRM
Sir David Eady considered this point in the context of the “rule in Bonnard v Perryman” in his City University Lecture in March 2010 (see our post here, the lecture is also on the Judiciary website, here). [read post]
25 Nov 2010, 4:08 pm by INFORRM
Obtaining an interim injunction in a defamation case has always been very difficult: if a defendant intends to defend the claim on the basis that what is published is true (or any other substantive defence), the court will not grant an interim injunction (Bonnard v Perryman [1891] 2 Ch 269; Holley v Smith [1998] QB 726). [read post]
1 Nov 2010, 4:10 am
"Reviewing the record established in the course of the hearing,* the Appellate Division said that it found substantial evidence to support the Hearing Officer’s findings.In addition, the court said that “credibility determinations are ‘solely within the province of the [H]earing [O]fficer,’ and this Court may neither substitute its own judgment for that of the Hearing Officer nor weigh the evidence presented, citing Perryman v Village of Saranac Lake,… [read post]
29 Oct 2010, 3:57 am by INFORRM
  What is known as the “rule in Bonnard v Perryman” – [1891] 2 Ch 269 – means that an interim injunction will not generally be granted in a defamation case where the defendant intends to prove the truth of what is to be published, or advance some other substantive defence, unless it can clearly be shown that such defence is bound to fail. [read post]
7 Oct 2010, 4:37 am by INFORRM
  Politicians are expected to “have the thickest skins” – draws attention to cases such Lingens v Austria, Reynolds v Times Newspapers and discussion in the Von Hannover case. [read post]
24 Sep 2010, 5:30 pm by INFORRM
It is exceptionally rare for interim injunctions intended to stop publication of allegedly defamatory material to be granted in defamation cases because of the rule in the 1891 case of Bonnard v Perryman, which states that an order should not be granted if a defendant says he or she will justify an allegation. [read post]
16 Jul 2010, 3:52 am by INFORRM
The ECtHR jurisprudence eschews mechanical tests and rigid bars to relief of the type embodied in Bonnard v Perryman. [read post]
14 Jul 2010, 10:32 am by INFORRM
For this reason, the court applied the rule in Bonnard v Perryman and dismissed the application for an interim injunction. [read post]
22 Jun 2010, 2:55 am by INFORRM
  The judge also considered that on the evidenced before him the action was really about reputation rather than privacy and that the rule in Bonnard v Perryman applied so no injunction would be granted. [read post]
22 Jun 2010, 1:13 am by INFORRM
We know from cases such as Mosley, McKennit v Ash and Naomi Campell that it covers the publication of information that is obviously private, such as that pertaining to health, medical treatment, sexual life, private finance and family life. [read post]
14 May 2010, 9:02 am by INFORRM
  The court held the defendant would not have been able to justify the defamatory allegations and therefore the judgment would not offend the rule in Bonnard v Perryman. [read post]
21 Apr 2010, 11:40 pm by INFORRM
Although the test appears to be lower that the UK test in  Bonnard v  Perryman, The Court held that there was reasonable evidence to justify the allegations and refused to restrain publication. [read post]
18 Apr 2010, 6:00 pm by INFORRM
In English law, final injunctions preventing publication of libels are routinely granted to successful claimants after a trial but interim injunctions are almost unheard of (because of the operation of the rule against prior restraint – the so-called “rule in Bonnard v Perryman). [read post]