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Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013

A strike out was sought alleging gross delay and an abuse of process. Held: The strike out was granted both as to the claim and counter claims.Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance: (1) There are no hard and fast rules. The court has to make … Continue reading Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

General Assembly of Free Church of Scotland v Overtoun: HL 1904

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904

Vaughan v London Borough of Lewisham and Others: QBD 11 Apr 2013

The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal. Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be made before trial. Nor were the claimant’spleadings yet to the required standard. Judges: Sharp J … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 11 Apr 2013

Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013

The defendants requested a preliminary ruling that the words complained of in the claimant’s action were not capable of bearing a defamatory meaning. Held: Some of the pleaded meanings were not supported, but others were clearly defamatory, and should not be struck out. Nor could it properly be said that there had been no substantial … Continue reading Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013

Citation Plc v Ellis Whittam Ltd: CA 8 Mar 2013

The parties competed in providing employment law services. The claimant complained of slanderous comments said to have been made by the defendant in discussions with a firm of solicitors seeking to select a firm. The claimant now appealed against the striking out of its action as ‘not worth the candle’. No damage was pleaded, and … Continue reading Citation Plc v Ellis Whittam Ltd: CA 8 Mar 2013

Tesla Motors Ltd and Another v British Broadcasting Corporation: CA 5 Mar 2013

The claimant said that the defendant, in its Top Gear programme in a review of its car, caused it damage through malicious falsehood and defamation. They appealed against a finding that the words used were incapable of bearing the defamatory meanings complained of. Held: The appeal was dismissed. Though there were falsehoods in the programme, … Continue reading Tesla Motors Ltd and Another v British Broadcasting Corporation: CA 5 Mar 2013

Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013

Judges: Sir Terence Etherton Ch, Rix, Lewison LJJ Citations: [2013] EWCA Civ 149 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He … Continue reading Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013

Cruddas v Adams: QBD 4 Feb 2013

The claimant was involved in defamation proceedings against two major newspapers. The defendant was said to have repeated the story alleged to be defamatory with additional allegations of criminal behaviour in Tweets and in his blog. Judges: Eady J Citations: [2013] EWHC 145 (QB) Links: Bailii Statutes: Political Parties, Elections and Referendums Act 2000 Jurisdiction: … Continue reading Cruddas v Adams: QBD 4 Feb 2013

Henry v News Group Newspapers Ltd: CA 28 Jan 2013

Citations: [2013] EWCA Civ 19 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013 Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the … Continue reading Henry v News Group Newspapers Ltd: CA 28 Jan 2013

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Dar Al Arkan Real Estate Development Com v Al Refai and Others: ComC 12 Jun 2013

Andrew Smith J, dismissed a defendant’s application for summary judgment, saying that that it was not fatal to the claim that the claimant could not plead or prove that the defendant caused or authorised publication of ‘the specific defamatory words of which complaint is made’, as opposed to the imputation(s) arising from them. Where the … Continue reading Dar Al Arkan Real Estate Development Com v Al Refai and Others: ComC 12 Jun 2013

Flood v Times Newspapers Ltd: QBD 25 Jul 2013

Citations: [2013] EWHC 2182 (QB) Links: Bailii Jurisdiction: England and Wales Citing: At Supreme Court – Flood v Times Newspapers Ltd SC 21-Mar-2012 The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now … Continue reading Flood v Times Newspapers Ltd: QBD 25 Jul 2013

Singh v Moorlands Primary School and Another: CA 25 Jul 2013

The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013

Heath v Commissioner of Police for the Metropolis: CA 20 Jul 2004

The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her complaint. The complaint now was solely as to her treatment by the Board. Held: The body was a … Continue reading Heath v Commissioner of Police for the Metropolis: CA 20 Jul 2004

Krause v Newsquest Media Group Ltd and Another: QBD 11 Nov 2013

Each defendant sought summary rejection of defamation claims by the claimant as regards reports of breaches of harassment injunctions granted against her. Held: ‘There is no doubt that the proceedings are an attempt by the Claimant to relitigate in this libel action the matters which she sought to rely upon in support of her unsuccessful … Continue reading Krause v Newsquest Media Group Ltd and Another: QBD 11 Nov 2013

BPP University College of Professional Studies v Revenue and Customs: FTTTx 1 Jul 2014

FTTTx HMRC directed to provide further and better particulars – unless order breached – whether HMRC should be barred – whether Mitchell applies – HMRC barred. Judges: Judge Mosedale Citations: [2014] UKFTT 644 (TC) Links: Bailii Statutes: Finance Act 2011 75 Jurisdiction: England and Wales Citing: Cited – Mitchell MP v News Group Newspapers Ltd … Continue reading BPP University College of Professional Studies v Revenue and Customs: FTTTx 1 Jul 2014

Revenue and Customs v BPP Holdings Ltd and Others: UTTC 3 Oct 2014

PROCEDURE – HMRC barred from further participation – FTT rule 8 – whether FTT applied correct principles – no – whether FTT’s decision outside reasonable exercise of judicial discretion – yes – decision set aside and remade – no barring order Judges: Judge Bishopp Citations: [2014] UKUT 496 (TCC), [2014] BVC 544, [2015] STC 415 … Continue reading Revenue and Customs v BPP Holdings Ltd and Others: UTTC 3 Oct 2014

Auladin v Shaikh and Others: QBD 5 Feb 2013

The court set out to settle the precise defamatory meanings alleged. Trustees of an Education Centre had appointed a relative of three existing trustees to join them. The claimant chairman resigned, objecting to what he said was poor governence. The trustees issued the statement complained of in response. Held: The claim was struck out. The … Continue reading Auladin v Shaikh and Others: QBD 5 Feb 2013

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

McGrath v Independent Print Ltd: QBD 26 Jul 2013

The claimant alleged defamation in an article on the defendant’s web-site discussing a failure of his earlier defamation action. He now sought directions for a jury trial. Judges: Nicola Davies DBE J Citations: [2013] EWHC 2202 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995 The applicant … Continue reading McGrath v Independent Print Ltd: QBD 26 Jul 2013

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Waterson v Lloyd and Another: QBD 26 Jul 2013

When looking at a political speech, the court should be careful of over-elaborate analysis. Judges: Nicola Davies DBE J Citations: [2013] EWHC 2201 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Waterson v Lloyd MP and Another CA 28-Feb-2013 The former MP for Eastbourne had brought an action for defamation against the … Continue reading Waterson v Lloyd and Another: QBD 26 Jul 2013

Greene v Associated Newspapers Ltd: CA 5 Nov 2004

The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004

Jennings v Buchanan: PC 14 Jul 2004

(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004

Hashtroodi v Hancock: CA 27 May 2004

The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the claimant. Held: The Rules should generally be interpreted without reference to case law under the … Continue reading Hashtroodi v Hancock: CA 27 May 2004

Grovit and others v Doctor and others: HL 24 Apr 1997

The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The remaining two defendants, acting in person, applied for the action to be struck-out for want of prosecution. The plaintiff’s … Continue reading Grovit and others v Doctor and others: HL 24 Apr 1997

Hodgins v Squire Sanders Llp: QBD 1 Aug 2013

Application by the Defendant, Squire Sanders LLP, to strike out this libel action under CPR paragraph 4.1 of PD 53, on the ground that the words complained of in this libel action are incapable of bearing the meaning pleaded Judges: Sharp J Citations: [2013] EWHC 2404 (QB) Links: Bailii Jurisdiction: England and Wales Defamation Updated: … Continue reading Hodgins v Squire Sanders Llp: QBD 1 Aug 2013

Cruddas v Calvert and Others: QBD 31 Jul 2013

Judgment on the second stage of the trial of a claim for libel and malicious falsehood. Held: Tugendhat J adopted the meaning ‘more likely than not to cause pecuniary damage’ for ‘calculated to’. Judges: Tugendhat J Citations: [2013] EWHC 2298 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Cruddas v Calvert and … Continue reading Cruddas v Calvert and Others: QBD 31 Jul 2013

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013

The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his own name. The father sought a conveyance of … Continue reading McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013

Associated Newspapers Ltd v Dingle: HL 1974

A defendant cannot rely in mitigation of damages on the fact that similar defamatory statements have been published about the same claimant by other persons. Citations: [1964] AC 371 Jurisdiction: England and Wales Cited by: Cited – Lachaux v Independent Print Ltd and Another SC 12-Jun-2019 Need to Show Damage Increased by 2013 Act The … Continue reading Associated Newspapers Ltd v Dingle: HL 1974

Lewis v Daily Telegraph Ltd: HL 1964

Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964

Oriental Daily Publisher Ltd v Ming Pao Holdings Ltd: 2013

(Hong Kong Court of Final Appeal) Lord Neuberger of Abbotsbury said 138 that the criticism of the single meaning rule’s artificiality and (implicitly) its irrationality was misplaced. He suggested that the identification of a single meaning to be accorded a statement arose ‘in many areas of law, most notably . . the interpretation of statutes, … Continue reading Oriental Daily Publisher Ltd v Ming Pao Holdings Ltd: 2013

Waterson v Lloyd MP and Another: CA 28 Feb 2013

The former MP for Eastbourne had brought an action for defamation against the appellant, the current MP and his agent in respect of election materials used by them. The appellants had relied on the defence of fair comment, and now appealed against rulings that the words complained of had been allegations of fact, and not … Continue reading Waterson v Lloyd MP and Another: CA 28 Feb 2013

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

Johnston v League Publications Ltd and Others: QBD 26 Mar 2014

Application to determine meanings. Held: When asked to determine the meanings in a statement alleged to be defamatory, the court is not restricted to the meaning put forward by the parties: ‘The test is that of the ‘ordinary reader’. That concept is wide enough to embrace, in cases such as the present, the readers of … Continue reading Johnston v League Publications Ltd and Others: QBD 26 Mar 2014

Makudi v Baron Triesman of Tottenham In London Borough of Haringey: QBD 1 Feb 2013

The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the claims were based on privileged evidence given to a parliamentary committee, and associated publications, and the … Continue reading Makudi v Baron Triesman of Tottenham In London Borough of Haringey: QBD 1 Feb 2013

Bewry v Reed Elseveir (UK) Ltd and Another: QBD 10 Oct 2013

The claimant had begin proceedings against the defendant legal publishers, saying that their summary of a cash had brought was defamatory. He now sought leave to extend the limitation period for his claim, and the defendants argued that, given the very limited publication, the case was not worth pursuing. Held: There had been considerable delay, … Continue reading Bewry v Reed Elseveir (UK) Ltd and Another: QBD 10 Oct 2013

Times Newspapers Ltd v Flood: CA 4 Dec 2014

The newspaper appealed from the award of costs to the claimant who had succeeded in his claim of defamation. Macur, Sharp LJJ, Sir Timothy Lloyd [2014] EWCA Civ 1574 Bailii England and Wales Citing: Appeal from – Flood v Times Newspapers Ltd QBD 19-Dec-2013 The claimant policeman alleged defamation in an article published by the … Continue reading Times Newspapers Ltd v Flood: CA 4 Dec 2014

Mitchell v News Group Newspapers Limited: QBD 27 Nov 2014

[2014] EWHC 4014 (QB) Bailii England and Wales Citing: See Also – Mitchell v News Group Newspapers Ltd QBD 1-Aug-2013 The defamation claimant sought relief from sanctions imposed after a failure to comply with orders requiring him to discuss budgets and budgetary assumptions. Held: The claimant had failed to deliver the required costs budget in … Continue reading Mitchell v News Group Newspapers Limited: QBD 27 Nov 2014

Reed Elsevier Uk Ltd (T/A Lexisnexis) and Another v Bewry: CA 30 Oct 2014

Appeal from a decision granting the claimant’s application made pursuant to section 32A of the Limitation Act 1980 to disapply the limitation period in his proceedings for libel and dismissing the defendants’ application to strike out the claimant’s claim under CPR rule 3.4(2). Held: The defendant’s appeal succeeded. The judge had incorrectly assessed the reasons … Continue reading Reed Elsevier Uk Ltd (T/A Lexisnexis) and Another v Bewry: CA 30 Oct 2014

Mitchell v News Group Newspapers Ltd: QBD 31 Oct 2014

The claimant alleged defamation by the defendant. In the second action, the policeman claimant alleged defamation by the first claimant. The court heard applications as to the admission of expert evidence, and as to the inclusion or otherwise of parts of the witness statements. Warby J [2014] EWHC 3590 (QB) Bailii England and Wales Citing: … Continue reading Mitchell v News Group Newspapers Ltd: QBD 31 Oct 2014

QRS v Beach and Another: QBD 26 Sep 2014

The court gave its reasons for granting an interim injunction to prevent the defendants publshing materials on their web-sites which were said to harrass the claimants. Held: Whilst it was important to protect the identity of the claimants, the need for open justice was also real and the two could be reconciled by anonymisation of … Continue reading QRS v Beach and Another: QBD 26 Sep 2014

Crawford v Jenkins: CA 24 Jul 2014

The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were protected by immunity. Held: H’s appeals failed. ‘The policy of the immunity rule applies … Continue reading Crawford v Jenkins: CA 24 Jul 2014

Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. The defendants argued that the properties were in any event noisy because of proximity to RAF Mildenhall. … Continue reading Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

Hallam Estates Ltd and Another v Baker: CA 19 May 2014

‘The paying parties appeal against a decision of the High Court reversing a decision of the costs judge, whereby he declined to set aside his earlier order granting an extension of time for serving the points of dispute. The principal issues in this appeal are whether the costs judge was dealing with relief from sanctions … Continue reading Hallam Estates Ltd and Another v Baker: CA 19 May 2014

Mitchell v News Group Newspapers Ltd: QBD 27 Mar 2014

Application for discovery of documents held by a third party, the Police Complaints Commission) in a defamation action. [2014] EWHC 879 (QB) Bailii England and Wales Citing: See Also – Mitchell v News Group Newspapers Ltd QBD 1-Aug-2013 The defamation claimant sought relief from sanctions imposed after a failure to comply with orders requiring him … Continue reading Mitchell v News Group Newspapers Ltd: QBD 27 Mar 2014

Tesic v Serbia: ECHR 11 Feb 2014

ECHR Article 10-1- Freedom of expression Applicant’s precarious financial situation as a result of award of damages for defamation against her: violation Facts – In 2006 the applicant, a pensioner suffering from various illnesses, was found guilty of defaming her lawyer and ordered to pay him 300,000 dinars (RSD) in compensation, together with default interest, … Continue reading Tesic v Serbia: ECHR 11 Feb 2014

Makudi v Baron Triesman of Tottenham: CA 26 Feb 2014

Appeal against strike out of claims for defamation and malicious falsehood. The defendant had given evidence to the Culture Media and Sport Select Committee of the House of Commons with material highly critical of the claimant, a member of FIFA’s executive. That evidence was protected by parliamentary priviege, but the claimant said that the defendant … Continue reading Makudi v Baron Triesman of Tottenham: CA 26 Feb 2014

Summit Navigation Ltd and Another v Generali Romania Asigurare Reasigurare Sa Ardaf Sa and Another: ComC 21 Feb 2014

The commercial court will not encourage time wasting procedural applications. Leggatt J summarised the principles that should be applied on an application for relief from sanctions: ‘i) On an application for relief from a sanction under CPR 3.9, it is usually appropriate to start by considering the nature of the non-compliance. If the non-compliance can … Continue reading Summit Navigation Ltd and Another v Generali Romania Asigurare Reasigurare Sa Ardaf Sa and Another: ComC 21 Feb 2014

Associated Electrical Industries Ltd v Alstom UK: ComC 24 Feb 2014

The claimant was late in serving its particulars of claim. The defendant now requested the strike out of the claim for that default. Held: The court applied the principles set out in Mitchell to refuse consent. Andrew Smith J [2014] EWHC 430 (Comm) Bailii Citing: Cited – Mitchell MP v News Group Newspapers Ltd CA … Continue reading Associated Electrical Industries Ltd v Alstom UK: ComC 24 Feb 2014

Webb Resolutions Ltd v E-Surv Ltd: QBD 20 Jan 2014

A party in default seeking an out-of-time extension for making a renewed application for permission to appeal (under CPR r 52.3(5)) would have to satisfy the same tests as were applied to the default in Mitchell. Turner J [2014] EWHC 49 (QB) Bailii England and Wales Citing: Cited – Mitchell MP v News Group Newspapers … Continue reading Webb Resolutions Ltd v E-Surv Ltd: QBD 20 Jan 2014

M A Lloyd and Sons Ltd (T/A KPM Marine) v PPC International Ltd (T/A Professional Powercraft): QBD 20 Jan 2014

[2014] EWHC 41 (QB) Bailii England and Wales Citing: Cited – Mitchell MP v News Group Newspapers Ltd CA 27-Nov-2013 (Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, … Continue reading M A Lloyd and Sons Ltd (T/A KPM Marine) v PPC International Ltd (T/A Professional Powercraft): QBD 20 Jan 2014

Delfi As v Estonia: ECHR 10 Oct 2013

[2013] ECHR 941, [2013] ECHR 1218, (2014) 58 EHRR 29 Bailii, Bailii European Convention on Human Rights Human Rights Cited by: See Also – Delfi As v Estonia ECHR 16-Jun-2015 Article 10-1 Freedom to impart information Award of damages against internet news portal for offensive comments posted on its site by anonymous third parties: no … Continue reading Delfi As v Estonia: ECHR 10 Oct 2013

Flood v Times Newspapers Ltd: QBD 19 Dec 2013

The claimant policeman alleged defamation in an article published by the defendant newspaper. The defendant advanced two substantive defences, a defence of public interest (Reynolds) privilege and justification. After protracted litigation, the claim succeeded, and the court now considered the damages to be awarded. Held: ‘It is possible to pursue journalism said to be in … Continue reading Flood v Times Newspapers Ltd: QBD 19 Dec 2013

Vaughan v London Borough of Lewisham and Others: QBD 20 Dec 2013

The claimant had undertaken a series of nine actions against the several defendants making allegations of discrimination and similar. They had each failed, she had been ordered to pay substantial sums in costs, and was now foamally bankrupt. In these proceedings she alleged defamation in SOSR (Some Other Substantial Reason) hearings. She had stayed other … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 20 Dec 2013

Ungvary And/Et Irodalom Kft v Hungary: ECHR 3 Dec 2013

Freedom of expression Award of damages against a historian and a publisher for alleging that a public official had collaborated with the state security services during the Communist era: violation Facts – In 2007 a literary and political weekly owned by Irodalom Kft (the second applicant) published a study by a historian, Mr Ungvary (the … Continue reading Ungvary And/Et Irodalom Kft v Hungary: ECHR 3 Dec 2013

Putistin v Ukraine: ECHR 21 Nov 2013

Article 8-1 Respect for private life Alleged failure to secure the right to reputation of an applicant whose father was allegedly defamed: no violation Facts – The applicant is the son of Mikhail Putistin, now deceased, a former Dynamo Kyiv football player who took part in a game known as the ‘Death Match’ in 1942. … Continue reading Putistin v Ukraine: ECHR 21 Nov 2013

Belpietro v Italy: ECHR 24 Sep 2013

Article 10-1 Freedom of expression Imposition of suspended sentence on newspaper chief for publishing defamatory article: violation Facts – At the relevant time the applicant was the director of the daily newspaper Il Giornale. In 2004 the newspaper published an article written by a senator criticising a number of members of the national legal service. … Continue reading Belpietro v Italy: ECHR 24 Sep 2013

Cumhuriyet Vakfi And Others v Turkey: ECHR 8 Oct 2013

ECHR Article 10-1 Freedom of expression Freedom to impart information Lack of procedural safeguards when issuing injunction against national newspaper: violation Facts – The applicants were respectively the owner, publisher, editor-in-chief and chief editorial writer of a daily Turkish newspaper Cumhuriyet. In April 2007, in the run-up to the presidential elections, the newspaper published a … Continue reading Cumhuriyet Vakfi And Others v Turkey: ECHR 8 Oct 2013

Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

The applicant complained of a breach of the right to protection of his reputation as a result of the domestic courts’ refusal to rectify defamatory information about his father that had been published in the newspaper Komsomolska Pravda. Mark Villiger, P 16882/03 – Chamber Judgment, [2013] ECHR 1154 Bailii European Convention on Human Rights Citing: … Continue reading Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

Mireskandari v Centaur Media Plc: QBD 19 Nov 2013

The Defendant sought an order that the libel action be struck out under CPR 3.4 (2)(a) and/or (b), or that summary judgment be entered against the Claimant on the whole claim, pursuant to CPR 24.2, on the ground that the claim had no real prospect of success. Tugendhat J [2013] EWHC 3551 (QB) Bailii Defamation, … Continue reading Mireskandari v Centaur Media Plc: QBD 19 Nov 2013

Raayan Al Iraq Co Ltd and Others v Trans Victory Marine Inc and Others: ComC 23 Aug 2013

Application for extension of two days to service of particulars of claim. The defendants resisted saying that the court should apply sanctions against the claimant. The claimants applied for relief under rule 3.9. Held: The new rules were against a background where it was recognised that courts had been too ready to grant relief. The … Continue reading Raayan Al Iraq Co Ltd and Others v Trans Victory Marine Inc and Others: ComC 23 Aug 2013

Wyche v Careforce Group Plc: ComC 25 Jul 2013

The defendant had failed to comply in all respects with an ‘unless’ order. Held: The court gave relief under CPR 3.9 for two failures which the court described as ‘material in the sense that they were more than trivial’. They were ‘unintentional and minor failings in the course of diligently seeking to comply with the … Continue reading Wyche v Careforce Group Plc: ComC 25 Jul 2013

Subotic v Knezevic: QBD 14 Oct 2013

Applications as to whether: (a) there should be an adjournment of 4 weeks to enable the Claimant’s new legal representatives to have more time to advise the Claimant, to prepare for the hearing, and to consider further re-re-amendments to the Particulars of Claim; (b) the Claimant should be permitted to re-re-amend the Particulars of Claim … Continue reading Subotic v Knezevic: QBD 14 Oct 2013

Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013

The defamation claimant sought relief from sanctions imposed after a failure to comply with orders requiring him to discuss budgets and budgetary assumptions. Held: The claimant had failed to deliver the required costs budget in time, and any costs in the action beyond the court fees would be disallowed. Master McLoud [2013] EWHC 2355 (QB) … Continue reading Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013

Stojanovic v Croatia: ECHR 19 Sep 2013

ECHR Article 10-1 Freedom of expression Award of damages against applicant who denied making the defamatory statements for which he was found liable: Article 10 applicable; violation Facts – In 2003 a municipal court found the applicant jointly and severally liable with the publisher in a civil action in damages brought by a government minister … Continue reading Stojanovic v Croatia: ECHR 19 Sep 2013

Wegrzynowski And Smolczewski v Poland (Legal Summary): ECHR 16 Jul 2013

ECHR Article 8 Positive obligations Courts’ refusal to order newspaper to remove article damaging applicant’s reputation from its Internet archive: no violation Facts – The applicants are lawyers who won a libel case against two journalists working for the daily newspaper Rzeczpospolita following the publication of an article alleging that they had made a fortune … Continue reading Wegrzynowski And Smolczewski v Poland (Legal Summary): ECHR 16 Jul 2013

Irving and Another v Darbyshire and Others: Admn 29 Jul 2013

The parties had settled a defamation claim in the Isle of Man and sums were paid to the settle te action and costs. Before they were released, the Coroner in the Isle of Man issued Notices of Arrest to the solicitors holding the funds. The court was now asked whether the sums were held for … Continue reading Irving and Another v Darbyshire and Others: Admn 29 Jul 2013

Jon Richard Ltd v Gornall: QBD 16 May 2013

The company sought relief after the defendant a former senior employee had left but then written to customers alleging fraud by the claimant. Held: ‘ this is as clear a case as there could possibly be that the Defendant’s denial that she published the two letters was, in the case of each, untrue and that … Continue reading Jon Richard Ltd v Gornall: QBD 16 May 2013

Rattan v UBS Ag, London Branch: ComC 12 Mar 2014

rattan_ubsComC0314 The claimant had sought an order limiting the defendant’s costs after alleged non-compliance with directions, and failing to file a costs budget. Held: The application was rejected. The Commercial Court will firmly discourage the taking of futile and time wasting procedural points: ‘the claimant’s argument has not only increased the expense of this CMC … Continue reading Rattan v UBS Ag, London Branch: ComC 12 Mar 2014

Tournier v National Provincial and Union Bank of England: CA 1924

The court considered the duty of confidentiality owed by a banker to his client. Bankes LJ said: ‘At the present day I think it may be asserted with confidence that the duty is a legal one arising out of contract, and that the duty is not absolute but qualified. It is not possible to frame … Continue reading Tournier v National Provincial and Union Bank of England: CA 1924

Kaneria v Kaneria and Others: ChD 15 Apr 2014

The parties were embroiled in a company dispute with allegations of conduct prejudicial to minority shareholders. An application was now made for sanctions for a failure to comply with court directions. Held: Unless and until a higher Court has said that the approach in Robert is no longer to be followed, it was binding and … Continue reading Kaneria v Kaneria and Others: ChD 15 Apr 2014

The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994

ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another convention on a specific matter containing rules on jurisdiction, that specialized convention precludes the application of the provisions of the Brussels Convention … Continue reading The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’: ECJ 6 Dec 1994

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

McGrath and Another v Dawkins and Others: CA 5 Feb 2013

The claimant appealed against a finding that the defendant Amazon was bound to succeed in its defence under the 2002 Regulations against the claim in defamation, and that the claim should be dismissed as an abuse of process under Jameel. He had constructed a series of false adverse reviews of the claimant’s book in order … Continue reading McGrath and Another v Dawkins and Others: CA 5 Feb 2013

Prince Abdulaziz v Apex Global Management Ltd and Another: SC 26 Nov 2014

The appellant was involved in very substantial litigation with the respondents. As a member of the Saudi Royal family he said that by convention he was not allowed to sign a witness statement, and appealed inter alia against orders requiring him to do so. Held: The appeal failed. This had been a case management decision, … Continue reading Prince Abdulaziz v Apex Global Management Ltd and Another: SC 26 Nov 2014

Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

In re P (A Child): FD 17 Dec 2013

A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She had had two previous births by caesarian section, and the doctors view was that a natural birth … Continue reading In re P (A Child): FD 17 Dec 2013

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

Mitchell v News Group Newspapers Ltd: QBD 28 Jul 2014

The claimant MP had a bad tempered altercation with police officers outside Downing Street. He sued the defendant newspaper in defamation saying that they had falsely accused him of calling te officers ‘plebs’. One officer now sued the MP saying that the MP’s public denials amounted to defamation of the officer as a liar. The … Continue reading Mitchell v News Group Newspapers Ltd: QBD 28 Jul 2014

Ladd v Marshall: CA 29 Nov 1954

Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954

Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth): CA 1984

A negligent misrepresentation was made in a telex sent from the United States but received and acted upon in England. The judge had set aside leave to serve the document out of the jurisdiction. Held: The appeal succeeded. The transmission was a tort committed within the jurisdiction within the meaning of Order 11 rule 1(1)(h).Robert … Continue reading Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth): CA 1984

Cooke and Another v MGN Ltd and Another: QBD 13 Aug 2014

The claimants made a television programme about the lives of people on benefits. The defendant published an article critical of many, and included a statement ‘Three more homes in the road where residents claim they have been portrayed as scroungers and lowlife by Channel 4 are owned by the Midland Heart housing association. Its chief … Continue reading Cooke and Another v MGN Ltd and Another: QBD 13 Aug 2014

Dingle v Associated Newspapers: HL 1964

The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964

McLean and Another v Buchanan, Procurator Fiscal and Another: PC 24 May 2001

(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small fixed fee sum. In this case the defendants had the benefit of … Continue reading McLean and Another v Buchanan, Procurator Fiscal and Another: PC 24 May 2001

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Hayes v Willoughby: SC 20 Mar 2013

The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013

Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004

On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004

Dzhugashvili v Russia (Dec) (Joseph Stalin): ECHR 9 Dec 2014

No defamation for deceased grandfather ECHR Article 8-1 Respect for private life Dismissal of claim for defamation of applicant’s grandfather, the former Soviet leader Joseph Stalin: inadmissible Facts – The applicant is the grandson of the former Soviet leader, Joseph Stalin. In 2009 he sued the Novaya Gazeta newspaper for defamation after it published an … Continue reading Dzhugashvili v Russia (Dec) (Joseph Stalin): ECHR 9 Dec 2014

Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013

(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very substantially the costs which might be made in his favour. Held: The appeal was refused. It was inherent … Continue reading Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013