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Ireland: Better late than never – the Defamation (Amendment) Bill 2024 is finally here – Eoin O’Dell
21 Aug 2024, 4:53 pm
As Lord Sumption explained (Lords Kerr, Wilson, Hodge and Briggs concurring) in Lachaux v Independent Print Ltd [2020] AC 612, [2019] UKSC 27 (12 June 2019) [16], the main reason why harm which was less than “serious” had given rise to liability before the Act was that damage to reputation was presumed from the words alone and might therefore be very different from any damage which could be established in fact. [read post]
24 Jun 2024, 1:56 am
On 20 June 2024, the Supreme Court handed down judgement in the case of Mueen-Uddin v SSHD [2024] UKSC 21. [read post]
10 Jun 2024, 12:55 am
The Evan Law Blog has more information here. [read post]
29 Feb 2024, 5:57 am
Jeffery-Poulter, p. 148 – 150. [4] Dudgeon v the United Kingdom App no 7525/76 (ECtHR, 22 October 1981). [5] United Nations’ Committee on the Elimination of Discrimination against Women. [6] CEDAW/C/OP.8/GBR/1 2018 – paras. 83 – 85. [7] [2018] UKSC 27. [8] The Abortion Act 1967: a biography of a UK law, S. [read post]
8 Feb 2024, 4:09 pm
As the Explanatory Notes to the 2013 Act make clear, this condition is intended to reflect the test approved by the Supreme Court in Joseph v Spiller [2010] UKSC 53 that “the comment must explicitly or implicitly indicate, at least in general terms, the facts on which it is based” and “is intended to retain the broad principles of the current common law defence as to the necessary basis for the opinion expressed…”. [read post]
29 Jan 2024, 12:58 am
Furthermore, in the case of Jones v Kernott [2011] UKSC 53, the court expanded that in the absence of a clear agreement or intention between cohabiting partners, the court shall consider the parties’ conduct, and financial contributions when determining property rights. [read post]
28 Jan 2024, 4:46 am
Following Brownlie ([2021] UKSC 45), the judge applied the presumption because, like the UK, Nigeria is a common law system. [read post]
1 Jan 2024, 4:00 am
This week the randomly selected blogs are 1. [read post]
21 Nov 2023, 12:33 am
Justice Dr Flavian Zeija delivered a short but significant ruling, is likely to be of interest to scholars of law and religion and to readers of this blog in particular. [read post]
16 Nov 2023, 11:36 pm
In this blog, we’ll explore the case of MN v AN [2023] to shed some light on what Judges consider before making a ruling on a prenup in the English and Welsh courts. [read post]
#MeToo six years on: how the courts are handling sexual misconduct defamation claims – Percy Preston
30 Oct 2023, 5:07 pm
The judge cited Bloomberg LP v ZXC [2022] UKSC 5 to the effect that the general or legitimate starting point was that prior to charge, a person under investigation for a crime has a reasonable expectation of privacy in respect of information relating to that investigation. [read post]
26 Oct 2023, 4:48 pm
This post originally appeared on the Brett Wilson Media and Communications Law Blog and is reproduced with permission and thanks [read post]
24 Oct 2023, 4:36 pm
Defamation lawyers had hoped that the Supreme Court’s judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (see our blog here) would provide some much-needed clarity on how section 1 of the Defamation Act 2013 should be interpreted. [read post]
4 Oct 2023, 4:30 pm
In an earlier post, I considered the settlement in Carey v Independent News & Media and the status of Bloomberg v ZXC [2022] AC 1158, [2022] UKSC 5 (16 February 2022) in Ireland. [read post]
15 Jul 2023, 2:18 am
This post originally appeared on the Brett Wilson Media and Communications Law Blog and is reproduced with permission and thanks [read post]
5 Jul 2023, 4:37 pm
Furthermore, there can be no reasonable expectation of privacy once that person has been charged with a criminal offence; still less in respect of proceedings in open court (PNM v Times Newspapers Ltd [2019] AC 161, [2017] UKSC 49 (19 July 2017)). [read post]
18 May 2023, 7:42 am
The English courts have accepted jurisdiction, as it had happened in several cases based on a comparable set of facts relevant for establishing jurisdiction, as reported earlier on this blog here, here, here, here, and here. [read post]
30 Apr 2023, 3:10 pm
It relied on the test in Four Seasons Holding Inc v Brownlie [2017] UKSC 80, which sets out the good arguable case standard applicable to “jurisdictional facts” that form the basis for an application to serve proceedings outside of the forum. [read post]
30 Apr 2023, 12:37 am
There is an excellent note on the UKSC blog, here. [read post]
