Madden J explained the Act: ‘The Act of 1895 afforded a further protection to constituencies and to candidates. The mischief against which it was directed was an abuse of the right of free discussion by the dissemination among a constituency of false statements of fact, written or spoken, in relation to the personal character or … Continue reading The North Division of the County of Louth: 1911
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Judges: Lord Justice Fulford VP Citations: [2021] EWCA Crim 377 Links: Bailii, Judiciary Statutes: Official Secrets Act 1911 1(1), Official Secrets Act 1989 2(1), Regulation of Investigatory Powers Act 2000 53(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 22 October 2022; Ref: scu.659856
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a campaign of non-violent civil disobedience. The judge had refused to allow cross examination and evidence concerning … Continue reading Chandler (TN) v Director of Public Prosecutions: HL 12 Jul 1962
Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
