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6 May 2012, 2:41 am
As the owners of the Ritz Hotel have demonstrated, as the defendants in a dispute over the ownership of some of London’s other luxury hotels, in England, justice is indeed open to all. [read post]
29 Sep 2017, 12:44 am
In England and Wales, section 11 of the Defamation Act 2013 provides that defamation actions are to be tried without a jury unless the court orders otherwise. [read post]
10 Nov 2020, 4:06 am
In England, the equivalent statutory provision is much more straightforward: section 2(1) of the Defamation Act 2013 provides that it “is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true”. [read post]
19 Jul 2016, 4:13 pm
The Report builds on the work of the NILC, draws on the consultation responses that it received, assesses the recent experience of the law of defamation in England and Wales under the Defamation Act 2013, and sets out recommendations for reform of the law of defamation in Northern Ireland. [read post]
11 Mar 2011, 4:03 pm
In an exciting game, the New England Patriots beat the Carolina Panthers 32-29, but Jackson got all of the post-game media exposure (sorry!). [read post]
11 Jan 2017, 1:00 am
By way of contrast, in England and Wales, section 4 of the Defamation Act 2013 introduced a similar defence of publication on matter of public interest; it is in much simpler terms; and it was successfully invoked for the first time in Economou v de Freitas [2016] EWHC 1853 (QB) (27 July 2016). [read post]
9 Apr 2012, 5:57 pm
This is an important decision, not only for the law in England and Wales, but for the common law at large. [read post]
16 Nov 2015, 4:35 pm
Not for the first time, it seems that England’s difficulty is Ireland’s opportunity: the Times (sub req’d’ see also Irish Legal News) adds that Dublin and Belfast might take advantage: “Damages awards in the Irish capital routinely hit the hundreds of thousands, while on average they are in the tens of thousands in London. [read post]
13 Nov 2021, 5:32 am
There is a little substantive information about such applications in DPAs’ annual reports, and there is a handful of cases in the courts (egs: Ireland | Northern Ireland | England & Wales); but the vast majority of applications are dealt with by the search engines, which provide no substantive information whatsoever about their cases. [read post]
5 Jan 2017, 4:02 pm
In England and Wales, the well-regarded Defamation Act 2013 established a “serious harm” principle to prevent frivolous claims from reaching court and abolished the presumption of a jury trial, steps considered to minimise the risk of excessive compensation. [read post]
16 Feb 2011, 6:52 am
In Garrahy v Bord na gCon [2002] IEHC 147 (14 February 2002), O’Higgins J held that the sentiments in Bonnard v Perryman “have been heeded by the courts and nowadays are fortified by the provisions of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedom” – the position is similar in England (Greene v Associated Newspapers [2005] QB 972, [2004] EWCA Civ 1462 (05 November 2004)) and Northern Ireland (Allister v Paisley [2010]… [read post]
4 Oct 2023, 4:30 pm
Here, in The Warder newspaper published on on 1 June 1844 (sub req’d), under the headline “THE FACTORY QUESTION IN IRELAND”, Joseph Sheridan le Fanu (pictured left) wrote that “the abuses [in factories] in the county of Waterford exceed even those committed in England”, and he, as editor, published a letter that said that the “cruelties of the slave trade or the Bastille are not equal to those practised in some of the Irish… [read post]
9 May 2017, 4:30 pm
Instead, the Courts took an institutional approach to the crime of blasphemy: since the Church of England was the established Church and thus part of the law of the land, the targeting the Church of England and its doctrine would undermine the law of the land. [read post]
3 May 2016, 10:41 am
Similarly, lessons might be learned from recent reforms in England and Wales in the Defamation Act 2013, including introducing a requirement that a publication must have caused or is likely to cause serious harm to the reputation of the plaintiff, as provided in section 1 of the English Act; revising section 26 of the Irish Act along the much simpler lines provided by the defence of publication on matter of public interest in section 4 of the English Act; introducing a defence for operators… [read post]
21 Jul 2022, 4:44 pm
This matter was not pursued on appeal to the Court of Appeal for England and Wales ([2019] QB 772, [2018] EWCA Civ 2339 (22 October 2018)), or to the Supreme Court ([2020] AC 989, [2020] UKSC 12 (01 April 2020)) where it was ultimately held that Morrisons were not vicariously liable for Skelton’s actions. [read post]
18 Dec 2019, 4:08 pm
A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. [read post]
28 Sep 2016, 2:00 pm
New England Patriots2016 record: 3-0Week 3 ranking: No. 1Hey Bill, just start Julian Edelman at quarterback this ...3. [read post]
