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6 Apr 2011, 5:51 pm
Although the European Court of Human Rights has held that the rule does not in itself violate Article 10 (Times Newspapers Ltd (Nos 1 and 2) v United Kingdom (Apps Nos 3002/03 and 23676/03) [2009] EMLR 254), it is clear that it can have an onerous impact upon newspapers and other online publishers. [read post]
4 Apr 2011, 5:34 pm
This reflects the current law as stated in Chase v News Group Newspapers ([2002] EWCA Civ 1772). [read post]
3 Apr 2011, 5:02 pm
Although certain parts of the claim were unarguably comment, Tugendhat J dismissed the application for summary judgment on justification, comment and Reynolds privilege. [read post]
2 Apr 2011, 5:47 pm
Moreover, under the doctrine established in Jameel v Dow Jones ([2005] QB 946) a claimant may apply to have a claim struck out as an abuse of process on the basis that it does not involve the commission of a “real and substantial tort”. [read post]
1 Apr 2011, 5:13 am
It does not advance the debate in any way”: [65-67]. [read post]
30 Mar 2011, 7:10 am
The rule has been disapplied in “Reynolds/Jameel” cases, because of the need to make that defence practical and effective: Bonnick v Morris [2003] 1 AC 300 PC at [21-22] (Lord Nicholls). [read post]
27 Mar 2011, 11:12 pm
– Estate of Chet Baker v Sony (Excess Copyright) When a ‘Substantial Payment’ is not enough: Gutter Filter Company L.L.C. v. [read post]
21 Mar 2011, 3:30 am
The first one is entitled, “Aydin v. [read post]
18 Mar 2011, 9:04 am
This Bill does not do that. [read post]
16 Mar 2011, 5:34 am
Reynolds, 130 S. [read post]
16 Mar 2011, 2:25 am
The common law defence of public interest which has developed since Reynolds v Times Newspapers extends to mainstream journalism but the uncertainty of its scope has created a chilling effect on reporting generally. [read post]
15 Mar 2011, 7:09 am
This is, in short, a statutory recasting of the Reynolds defence and one which appears to make no substantive difference to the pre-existing law. [read post]
7 Mar 2011, 4:05 pm
It may have been that Ms Ehrenfeld had a potential defences to the claim – she could have set up a Reynolds defence of responsible journalism, or that she could have argued that it should be struck out as an abuse of process on Jameel grounds (Jameel v Dow Jones [2005] QB 946). [read post]
7 Mar 2011, 12:56 am
The Tennessee Court of Appeals recently addressed these issues in the case of Reynolds v. [read post]
28 Feb 2011, 12:30 pm
Reynolds, 130 S. [read post]
24 Feb 2011, 7:13 am
Co. v. [read post]
21 Feb 2011, 4:07 pm
Even when modernizing the law of comment (WIC Radio & Mair v Simpson [2008] 2 SCR 420) and creating a new “public interest responsible communication” defence (Grant v Torstar Corp [2009] SCC 61) the court failed to take the step of importing Charter analysis or standards into the common law[12] As to the English solution of Reynolds, Eady J comments sadly that the Reynolds defence “seems hardly ever to be used in litigation. [read post]
17 Feb 2011, 5:00 am
Reynolds Tobacco Co., No. [read post]
16 Feb 2011, 6:52 am
In Reynolds v Malocco (above), Kelly J held that the jurisdiction to award an interim injunction in libel cases was of a delicate nature, and that the courts must be circumspect to ensure that it does not unnecessarily interfere with the right of freedom of expression. [read post]
16 Feb 2011, 3:35 am
Reynolds, 876 A.2d 1088, 1093 (Pa. [read post]
