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27 Feb 2011, 12:39 am
Ltd ([2008] 1 AC 1), and on the judgment of Lord Neuberger MR in Imerman v Tchenguiz ([2010] EWCA Civ 908). [read post]
26 Feb 2011, 11:00 pm
CharonQC, with what was then his fifth Blawg Review (he's since hosted an impressive sixth) started the year off with a welcome from the Baron Mandelson of Foy, Prince of Darkness, First Secretary of State, Secretary of State for Business Innovation and Skills, Lord President of The Council and Witch Finder-General for H M Government…"You are unwise to lower your defenses" This week, Mike Semple Piggot and his friends at the bar covered a great deal of ground in the… [read post]
26 Feb 2011, 11:00 pm
CharonQC, with what was then his fifth Blawg Review (he's since hosted an impressive sixth) started the year off with a welcome from the Baron Mandelson of Foy, Prince of Darkness, First Secretary of State, Secretary of State for Business Innovation and Skills, Lord President of The Council and Witch Finder-General for H M Government…"You are unwise to lower your defenses" This week, Mike Semple Piggot and his friends at the bar covered a great deal of ground in the… [read post]
24 Feb 2011, 3:02 pm
There may be further additions and comments as people get a chance/have a brainwave. [read post]
24 Feb 2011, 3:02 pm
There may be further additions and comments as people get a chance/have a brainwave. [read post]
23 Feb 2011, 4:02 pm
The conflict is not between princes and people, as it was in the 16th and 17th centuries, but between individual communicators and a multiplicity of laws… What is plainly required is an international agreement to govern communications on the web and, in particular, to determine whether they are to be regulated by an agreed set of supra-national regulations or, if not, to provide a generally acceptable means of deciding which domestic law should apply to any offending publication. [read post]
23 Feb 2011, 6:33 am
Lord Hope’s Decision in Powell I don’t intend here to go through the facts of Powell but rather to outline the stages of the review required that Lord Hope lays out in the judgment: 1. [read post]
23 Feb 2011, 6:00 am
The House of Lords held that the words were not capable of referring to him. [read post]
22 Feb 2011, 4:09 pm
He noted that two people who had reacted to the protest made by the Appellants were charged and convicted for their actions. [read post]
21 Feb 2011, 4:07 pm
In England, discussion has been dominated by the House of Commons report [1] and Lord Lester’s law reform bill [2]. [read post]
21 Feb 2011, 2:08 pm
The English Court encountered this situation recently in R v. [read post]
21 Feb 2011, 4:04 am
Mr Justice Tugendhat handed down judgments in the cases of Hunt v Evening Standard ([2011] EWHC 272 (QB)) and Henry v News Group ([2011] EWHC 296 (QB)) and Mr Justice Eady gave judgment in Lord Ashcroft v Foley ([2011] EWHC 292 (QB)). [read post]
20 Feb 2011, 10:59 pm
He noted that two people who had reacted to the protest made by the Appellants were charged and convicted for their actions. [read post]
20 Feb 2011, 1:24 pm
In particular, she submitted that the House of Lords upheld the Court of Appeal’s decision in relation to the grant of an injunction without express consideration of proportionality. [read post]
18 Feb 2011, 10:00 pm
In Sheldrake v Director of Public Prosecutions [2005] 1 AC 264 Lord Bingham emphasised that in the case of Section 3 of the Representation of the People Act any such interpretation would be beyond such possibility: change the substance of (the) provision completely, or would remove its pith and substance. [read post]
18 Feb 2011, 5:42 am
Considers developments relating to the defence of fair comment, including: Joseph v Spiller [2010] UKSC 53 on whether Lord Nicholls’ fourth proposition in relation to fair comment in Tse Wai Chun Paul v Cheng [2001] EMLR 31 was incorrect in that it required that the comment must identify the matters on which it was based with sufficient particularity to enable the reader to judge for himself whether it was well founded; and the MoJ proposal to reform of the… [read post]
18 Feb 2011, 1:03 am
und Beratungsgesellschaft mbH v Germany (Case C? [read post]
17 Feb 2011, 6:15 am
As Lord Justice Romer observed in Vizetelly v Mudie’s Select Library (1900) this approach was potentially a harsh one. [read post]
16 Feb 2011, 3:52 am
The leading case on the issue is the House of Lords judgment in the 2004 case of R v. [read post]
15 Feb 2011, 2:56 pm
Lord Justice Toulson in R v Chambers [2008] EWCA Crim 2467 famously bemoaned the complexity of legislation: To a worryingly large extent, statutory law is not practically accessible today, even to the courts whose constitutional duty it is to interpret and enforce it. [read post]
