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Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Moore v The Scottish Daily Record and Sunday Mail Ltd: SCS 9 Dec 2008

Citations: [2008] ScotCS CSIH – 66 Links: Bailii Jurisdiction: Scotland Citing: See Also – Moore v Scottish Daily Record and Sunday Mail Ltd SCS 7-Aug-2008 . . Cited by: Cited – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013 The appellants ran a day care … Continue reading Moore v The Scottish Daily Record and Sunday Mail Ltd: SCS 9 Dec 2008

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

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990

There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York. Held: Slade LJ said: ‘The judge’s approach to the limitation point was further criticised by the defendants’ counsel on the grounds that, following the guidance … Continue reading Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990

Watson v M’Ewan: HL 1905

A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in respect of proposed proceedings against her husband for separation and aliment. He was later … Continue reading Watson v M’Ewan: HL 1905

Observer and Guardian v The United Kingdom: ECHR 26 Nov 1991

The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book. Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is especially so as far as the press is concerned, for news is a perishable commodity and to … Continue reading Observer and Guardian v The United Kingdom: ECHR 26 Nov 1991

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

Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

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

Marrinan v Vibert: CA 2 Jan 1963

A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim. Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in conspiracy. Sellers LJ considered whether a complaint was privileged: ‘Whatever form of action is … Continue reading Marrinan v Vibert: CA 2 Jan 1963

Evans v London Hospital Medical College and Others: 1981

The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no evidence was offered and she was acquitted. She claimed damages for negligence against the defendants … Continue reading Evans v London Hospital Medical College and Others: 1981

Williams v Spautz: 27 Jul 1992

(High Court of Australia) Criminal Law – Abuse of process – Stay of proceedings – Action for wrongful dismissal against university – Information for criminal defamation by plaintiff against officer of university – Predominant purpose of informant to secure reinstatement or favourable settlement of action – Whether abuse of process.Brennan J attempted a partial definition … Continue reading Williams v Spautz: 27 Jul 1992

Gulf Oil (Great Britain) Limited v Page: CA 1987

The plaintiff had contracted exclusively to supply to the defendants owners of petrol stations. On arrears arising, the plaintiff discontinued deliveries save on cash on delivery and direct debit terms. The defendants obtained supplies from another source and the plaintiff terminated the agreement. There then followed proceedings which the defendants lost in court and which … Continue reading Gulf Oil (Great Britain) Limited v Page: CA 1987

Vizetelly v Mudie’s Select Library: 1900

The court was asked about the liability in defamation of a circulating library who provided books to subscribers, in this case about the book on Stanley’s search for Emir Pasha in Africa. Judges: Romer LJ Citations: [1900] 2 QB 170 Jurisdiction: England and Wales Cited by: Cited – Godfrey v Demon Internet Limited QBD 26-Mar-1999 … Continue reading Vizetelly v Mudie’s Select Library: 1900

Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903

A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should be valued as at the beginning of the period or at its value during the … Continue reading Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903

Mincione v Gedi Gruppo Editoriale Spa: CA 29 Apr 2022

Judges: Lord Justice Popplewell Lord Justice Warby And Lord Justice William Davis Citations: [2022] EWCA Civ 557 Links: Bailii, Judiciary Statutes: Defamation Act 2013 9 Jurisdiction: England and Wales Jurisdiction, Defamation Updated: 09 May 2022; Ref: scu.676811

Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

A local newspaper circulating in Teesside, where the claimant had been appointed deputy headmaster of a school, published an article in 1973 saying of the claimant that he was a former Roman Catholic priest who had left his parish in the Salford diocese and later married and it was claimed of him that he ‘went … Continue reading Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

Grappelli v Derek Block (Holdings) Ltd: CA 20 Jan 1981

Stephane Grappelli, an renowned musician, employed the defendants to promote him. They purported to arrange various concerts, but did so without his authority. When they were cancelled, they told the venue owners that they were cancelled because the plaintiff was ‘very seriously ill in Paris’ and that it would be surprising ‘if he ever toured … Continue reading Grappelli v Derek Block (Holdings) Ltd: CA 20 Jan 1981

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Simon and Others v Lyder and Another: PC 29 Jul 2019

(Trinidad and Tobago) The Board was asked as to the well-known conundrum in the common law of defamation, namely the extent to which (if at all) two or more different statements made upon different occasions by the same defendant may be aggregated for the purpose of giving rise to a cause of action in defamation, … Continue reading Simon and Others v Lyder and Another: PC 29 Jul 2019

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

Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

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

Lachaux v Independent Print Ltd and Others: QBD 29 Jun 2015

Orders allowing extension of time for service of the Particulars of Claim. Judges: Nicol J Citations: [2015] EWHC 1847 (QB), [2015] CN 1308 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Totty v Snowden; Hewitt v Wirral and West Cheshire Community NHS Trust CA 31-Jul-2001 Where a party had served a claim form, but … Continue reading Lachaux v Independent Print Ltd and Others: QBD 29 Jun 2015

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Ageyevy v Russia: ECHR 18 Apr 2013

ECHR Positive obligationsArticle 8-1Respect for private lifeFailure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse: violationsRespect for family lifeRevocation of adoption while criminal proceedings for suspected child abuse were still pending: violationFailure adequately to investigate unauthorised disclosure of confidential … Continue reading Ageyevy v Russia: ECHR 18 Apr 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

Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986

Forum Non Conveniens Restated The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum. Held: ‘In the result, it seems to me that the solution of disputes about … Continue reading Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986

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

Skuse v Granada Television: CA 30 Mar 1993

The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993

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

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

Arnold v National Westminster Bank Plc: HL 1991

Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991

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

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Barron MP and Another v Vines: QBD 29 Apr 2015

The court considered the damages to be awarded afer a libellous television broadcast on Sky TV. The claimants were MPs for Rotherham. There had been a large scale abuse of children, and they had been accused of not responding properly to it by the defendant, a political opponent. Held: The Court is able to give … Continue reading Barron MP and Another v Vines: QBD 29 Apr 2015

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Bottomley v F W Woolworth: 1932

The court examined the liability in defamation of distributors of a magazine, ‘The detective story magazine’ containing the article ‘Swindlers and Scoundrels. Horatio Bottomley, Editor and Embezzler.’ Woolworth was absolved from liability for publication of the defamatory attack in a consignment of remaindered American magazines that it distributed; the company did not check every magazine … Continue reading Bottomley v F W Woolworth: 1932

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

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

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

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

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

Reznik v Russia: ECHR 4 Apr 2013

ECHR Article 10-1Freedom of expressionCompensation award against Bar Council President comments regarding prison warders’ ‘search’ of female member of the Bar: violationFacts – The case concerned defamation proceedings against the President of the Moscow City Bar for critical statements he had made on a live television show about the conduct of male prison warders who … Continue reading Reznik v Russia: ECHR 4 Apr 2013

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

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

Goldsmith v Sperrings Ltd: CA 1977

Claims for Collateral Purpose treated as abuse The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors of the paper for the same relief. Some of the … Continue reading Goldsmith v Sperrings Ltd: CA 1977

Joyce v Sengupta and Another: CA 31 Jul 1992

The defendant published an article accusing the plaintiff of theft. Not having funds to launch a claim in libel, the plaintiff obtained legal aid to claim in malicious falsehood. She now appealed against a strike out of that claim. Held: A claim in malicious falsehood was a possible and proper alternative to a libel claim. … Continue reading Joyce v Sengupta and Another: CA 31 Jul 1992

Church of Scientology of California v Johnson-Smith: QBD 1971

The plaintiff church sued the defendant, a Member of Parliament, for remarks made by the defendant in a television programme. He pleaded fair comment and the plaintiff replied with a plea of malice, relying on statements made in Parliament. The question arose at trial whether such reliance infringed Article 9. Held: It did. The plaintiff … Continue reading Church of Scientology of California v Johnson-Smith: QBD 1971

Mitsui and Co Ltd v Nexen Petroleum UK Ltd: ChD 29 Apr 2005

Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal. Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where the claimant requires the missing piece of the jigsaw.’ and ‘The jurisdiction is only to … Continue reading Mitsui and Co Ltd v Nexen Petroleum UK Ltd: ChD 29 Apr 2005

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

Bonnard v Perryman: CA 2 Jan 1891

Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence would fail. Where the defendant contends that the words complained of are true and swears that … Continue reading Bonnard v Perryman: CA 2 Jan 1891

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