Category: Media

HM Attorney General v Associated Newspapers Ltd and Another: Admn 18 Jul 2012

In breach of a court order and reminders from the CPS the defendant newspapers published material severely critical of the defendant in a notorious murder trial after the jury had retired but before they returned all their verdicts. A retrial had been required.
Held: ‘ this material went way beyond what the jury had been told about Bellfield, murderer though they knew him to be and had again found him to be. There was a real risk that the jury would have thought that the additional material was relevant to the remaining count where he was charged with attempting to abduct a schoolgirl. I am quite satisfied that both the Daily Mail and the Daily Mirror by publishing the further material, particularly that relating to his rape of girls, created a quite separate and distinct risk of serious prejudice.’ Though there had been other publications, those subject to this complaint, in the Daily Mail and the Daily Mirror went substantially beyond the limits accepted by others.

Citations:

[2012] EWHC 2029 (Admin)

Links:

Bailii

Statutes:

Contempt of Court Act 1981 2(1)

Jurisdiction:

England and Wales

Contempt of Court, Media

Updated: 03 November 2022; Ref: scu.462953

Regina v Press Complaints Commission and Stewart-Brady (By Next Friend Kerr): CA 18 Nov 1996

Judicial review of a decision of the Press Complaints Commission was not appropriate.

Citations:

Times 22-Nov-1996, [1996] EWCA Civ 986, (1996) 9 Admin LR 274, [1997] EMLR 185

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina on the Application of Anna Ford v The Press Complaints Commission Admn 31-Jul-2001
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 03 November 2022; Ref: scu.140853

Nagla v Latvia: ECHR 3 Jul 2012

Citations:

73469/10 (Communicated Case), [2012] ECHR 1280

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Legal Summary – Nagla v Latvia (LS) ECHR 16-Jul-2013
ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Urgent search at journalist’s home involving the seizure of data storage devices containing her sources of . .
Judgment – Nagla v Latvia ECHR 16-Jul-2013
. .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 03 November 2022; Ref: scu.462198

Attorney-General v Greater Manchester Newspapers Ltd: QBD 4 Dec 2001

The defendant newspaper had published facts relating to the whereabouts of two youths protected by injunction against the publication of any information likely to lead to their location. The injunction was not ambiguous or unclear. ‘Likely’ did not mean statistical probability but a real chance that the information would put the lives at risk. Information which was not accessible to the general public was not in the public domain. To establish a contempt, the Attorney General had to establish to the criminal level of proof that the defendant knew of the injunction and its terms, that the information published was ‘likely to lead to the identification’ of the past, present or future whereabouts of youths; and that the information was not already in the public domain.

Judges:

Dame Elizabeth Butler-Sloss, President of the Family Division

Citations:

Times 07-Dec-2001, Gazette 06-Feb-2002, [2001] EWHC QB 451, [2001] All ER (D) 32 (Dec)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Stephens v Avery ChD 1988
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and . .
Cited – 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 . .

Cited by:

Cited – O’Riordan v Director of Public Prosecutions Admn 19-May-2005
An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant . .
Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 01 November 2022; Ref: scu.167207

O2 Holdings Ltd and Another v Hutchison 3G Ltd: CA 5 Dec 2006

The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor for the purpose of comparing the characteristics (and in particular the price) of goods or services marketed by him with the characteristics (and in particular the price) of the goods or services marketed by the competitor under that mark in such a way that it does not cause confusion or otherwise jeopardise the essential function of the trade mark as an indication of origin, does his use fall within either (a) or (b) of Art 5 of Directive 89/104?’

Citations:

[2006] EWCA Civ 1656, [2007] ETMR 19

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – O2 Holdings Ltd. and Another v Hutchison 3G Ltd (No 2) ChD 23-Mar-2006
. .

Cited by:

Cited – Boehringer Ingelheim Ltd and others v Vetplus Ltd CA 20-Jun-2007
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings . .
At Court of Appeal – O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited ECJ 31-Jan-2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability . .
Cited – Interflora, Inc and Another v Marks and Spencer Plc and Another ChD 22-May-2009
Each of the parties provided a service delivering flowers. The claimant had a trade mark, and the defendants each purchased the use of that trade mark and variations of it with a search engine (Google) so that a search under the trade mark produced . .
Lists of cited by and citing cases may be incomplete.

Media, European, Intellectual Property

Updated: 31 October 2022; Ref: scu.246765

Attorney-General v British Broadcasting Corporation; Same v Hat Trick Productions Ltd: CA 11 Jun 1996

The mention of a case on a television programme remained a contempt of court, despite the humorous context given to the remarks in the broadcast.
Auld LJ said: ‘The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, by the nature and form of the publication and how long it occurred before trial. Much depends on the combination of circumstances in the case in question and the court’s own assessment of their likely effect at the time of publication. This is essentially a value judgment for the court, albeit that it must be sure of its judgment before it can find that there has been contempt. There is little value in making detailed comparisons with the facts of other cases.’

Judges:

Auld LJ

Citations:

Times 26-Jul-1996, [1997] EMLR 76

Statutes:

Contempt of Court Act 1981

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v News Group Newspapers Ltd CA 1986
When considering a complaint of contempt of court against a newspaper, it should be recognised that any criminal trial, by its very nature, causes all involved in it to become progressively more inward looking, with the capacity to study the . .

Cited by:

Cited – Attorney General v Random House Group Ltd QBD 15-Jul-2009
The Attorney-General sought to restrain the publication of a book which she said would prejudice the defendants in a forthcoming criminal trial. The publisher said that a restraint would be a disproportionate interference in its Article 10 rights. . .
Cited – Attorney General v Associated Newspapers Ltd and Another Admn 3-Mar-2011
Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement.
Held: . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 31 October 2022; Ref: scu.77984

Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants.
Held: The issue was as to the contuned availabity of the papers after conclusion of the trial. Considering the Rules and the notes to them in the White Book, the notes did not appear to follow from the rules.

Judges:

Park J

Citations:

[2004] EWHC 3092 (Ch), [2005] 1 WLR 2965, [2005] 3 All ER 155, [2005] EMLR 19

Links:

Bailii

Statutes:

Civil Procedure Rules 32.13 5.4(2)

Jurisdiction:

England and Wales

Citing:

Cited – SmithKline Beecham Biologicals SA v Connaught Laboratories Inc CA 7-Jul-1999
Changes in court procedure where judges now read rather more before hand to save court time could lead to confusion as to what of the paperwork before the court was now deemed to have been read in open court and therefore in the public domain. The . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
See Also – Chan U Seek v Alvis Vehicles Ltd ChD 8-May-2003
The claimant appealed a striking out order.
Held: If a claim stood no chance of success, then it should not be allowed to proceed, but where the claim was merely weak it should not be struck out. That would be inconsistent with the needs of . .

Cited by:

Cited – Pressdram Ltd v Whyte ChD 30-May-2012
The respondent had been involved in company director disqualification proceedings some 12 years earlier. The claimant, publisher of Private Eye sought disclosure of the associated court papers.
Held: The applicant had provided appropriate . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 27 October 2022; Ref: scu.401872

A Local Authority v PD and others: FD 10 Aug 2005

Application by a number of newspapers in order to clarify the terms and effect of an injunction granted in the course of care proceedings under The Children Act 1989 relating to a six-year old child

Judges:

Sir Mark Potter, P

Citations:

[2005] EWHC 1832 (Fam), 1832.html
Cite as: [2005] EWHC 1832 (Fam),

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – LM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
Lists of cited by and citing cases may be incomplete.

Media, Crime, Children

Updated: 27 October 2022; Ref: scu.235552

Regina v Broadcasting Complaints Commission Ex Parte Granada Television Ltd: CA 16 Dec 1994

The Broadasting Complaints Commission had been established to determine questions of privacy, and the courts should be slow to intervene. The right of privacy of an individual had not been lost by past publicity. That privacy had been infringed by the broadcast complained of, and the commissions decision was not unreasonable. The privacy of bereaved families was infringed by photographs even if the family was otherwise notorious.

Citations:

Gazette 15-Feb-1995, Ind Summary 20-Feb-1995, Times 16-Dec-1994, [1995] EMLR 16

Statutes:

Broadcasting Act 1990 143

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Broadcasting Complaints Commission, ex Parte Granada Television Ltd QBD 31-May-1993
The Commission had not been unreasonable in taking the view that a broadcast had infringed the privacy of the subject of the complaint. Judicial Review was not available against BBC for infringement of privacy. . .

Cited by:

Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Judicial Review, Information

Updated: 27 October 2022; Ref: scu.86221

In Re R (A Minor) (Wardship: Restraint of Publication): CA 25 Apr 1994

In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose welfare the court is exercising a supervisory role is ‘ . . . theoretically unlimited. But in practice its exercise is limited by the nature and source of the jurisdiction itself, which is historically derived from the protective jurisdiction of the Crown as parens patriae’

Judges:

Millett LJ

Citations:

Times 25-Apr-1994, [1994] 1 Fam 254

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Cited by:

Cited – Re S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 26 October 2022; Ref: scu.82140

Troszczynski v Parliament (Appeal – Privileges and Immunities – Publication On The Members Twitter Account – Opinion): ECJ 2 Apr 2020

Appeal – Law governing the institutions – Member of the European Parliament – Privileges and immunities – Protocol on privileges and immunities – Articles 8 and 9 – Decision waiving parliamentary immunity – Activity not connected to parliamentary duties – Publication on the Member’s Twitter account

Citations:

C-12/19, [2020] EUECJ C-12/19P_O, ECLI:EU:C:2020:258, [2020] EUECJ C-12/19P

Links:

Bailii, Bailii

Jurisdiction:

European

European, Media

Updated: 26 October 2022; Ref: scu.660158

McKerry v Teesdale and Wear Valley Justices: CACD 7 Feb 2000

Appeal from order dispensing with reporting restrictions for 16 year old before Youth Court. Appellant constituted a serious danger to the public and had shown a complete disregard for the law.
Held: ‘ the justices were very carefully and conscientiously exercising the power conferred by the statute. It was for them to make a judgment and exercise their discretion and they did so. They did not conclude that the public interest would be served by publishing the appellant’s address or his photograph or details of his school. They did, however, consider that there was a public interest to be served by permitting publication of his name. This was in my judgment a balanced and judicious decision which cannot be stigmatised as perverse or unreasonable simply because the justices declined to decide wholly one way or wholly the other.’

Judges:

Lord Bingham of Cornhill LCJ

Citations:

[2000] EWCA Crim 3553, (2000) 164 JP 355, [2001] EMLR 5, [2000] Crim LR 594

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 49(4A)

Jurisdiction:

England and Wales

Crime, Magistrates, Media

Updated: 26 October 2022; Ref: scu.655468

Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008

(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the actual order made was wider than necessary and beyond the powers available under the 1955 Act. The prosecution had now offered no evidence.
Held: The court could not revisit the earlier hearings to make public the material placed before them. The court had powers beyond those of the 1955 Act, including under the 1981 Act and at common law. The justifiable policy of the Special Forces in not identifying its members did not of itself justify the court applying the same rule. In this case there was a demonstrated risk to the lives of the defendants, and anonymity was a reasonable and proportionate response.

Judges:

Lord Justice Latham, Mr Justice Mackay and Mr Justice King

Citations:

[2008] EWCA Crim 2559

Links:

Bailii

Statutes:

Contempt of Court Act 1981, Army Act 1955 94

Jurisdiction:

England and Wales

Citing:

Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – 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 . .
Cited – Regina v Reigate Justices ex parte Argus Newspapers and Larcombe 1983
The court considered an application by the defendant, a ‘supergrass’ for his trial to be held in camera.
Held: Such an order was possible but should only be made if it was the only way of protecting the defendant. . .
Cited – Regina v Evesham Justices, ex parte McDonnagh QBD 1988
The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the . .
Cited – Trinity Mirror and Others, Regina (on the Application Of) v Croydon Crown Court CACD 1-Feb-2008
The defendant had pleaded guilty in the Crown Court to 20 counts of making or possessing child pornography. No direction was made for withholding the defendant’s identity in court, but the Crown Court made an order in the interest of the defendant’s . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Armed Forces, Media

Updated: 25 October 2022; Ref: scu.278289

Regina v Taylor and Another: CACD 15 Jun 1993

In June 1991 Mrs Shaughnessy was stabbed to death at home. In July 1992 the Taylor sisters were convicted of that murder. An investigating police officer had suppressed an inconsistent statement made by a highly material witness, and there was also complaint about press coverage during the trial.
Held: The reporting was ‘unremitting, extensive, sensational, inaccurate and misleading’. Though the judge had given appropriate warnings to the jury, it was impossible to say that the jury had not been influenced. A fair trial was no longer possible, and the appeal succeeded, with no re-trial being possible either.

Citations:

Times 15-Jun-1993, Independent 15-Jun-1993, (1994) 98 Cr App R 361

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Regina v Stone CACD 14-Feb-2001
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.88157

Regina v Central Criminal Court Ex Parte Goodwin and Crook: CACD 16 Aug 1994

Judge may take representations in his sole discretion before making an order providing for the naming or non naming of a party by newspapers.

Citations:

Ind Summary 05-Sep-1994, Gazette 26-Oct-1994, Times 16-Aug-1994

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.86308

Re Guardian Newspapers and Others: CACD 20 Sep 1993

An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written submissions from an appellant or applicant would be permitted.

Citations:

Times 26-Oct-1993, Ind Summary 20-Sep-1993

Statutes:

Criminal Appeal Rules 1968 16A 16B, Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Cited by:

Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 25 October 2022; Ref: scu.85788

Re Al M (Publication): FD 27 Jan 2020

Judges:

The Rt Hon Sir Andrew McFarlane, President of the Family Division

Citations:

[2020] EWHC 122 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Re Al M (Factfinding) FD 11-Dec-2019
. .
See Also – RE Al M (Assurances and Waiver) FD 17-Jan-2020
. .

Cited by:

Appeal from – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 25 October 2022; Ref: scu.648613

Manchester University NHS Foundation Trust v Namiq and Another (RRO): FD 28 Jan 2020

Application for a reporting restriction order (RRO) limiting the reports on the naming of the clinicians and nursing staff at the treating hospital.

Judges:

The Honourable Mrs Justice Lieven DBE

Citations:

[2020] EWHC 181 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Als – Manchester University NHS Foundation Trust v Namiq and Another FD 28-Jan-2020
Application by Manchester University NHS Foundation Trust (the Trust) for declarations as follows;
Midrar Namiq has no capacity to consent to, to refuse, or to make decisions about the medical treatment he should receive, namely the . .
Lists of cited by and citing cases may be incomplete.

Health, Media

Updated: 25 October 2022; Ref: scu.648618

Re W (Children): CA 25 Feb 2016

Appeal against order as to media arrangements for fact finding hearing.
McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court that that discretion must be exercised by conducting a balancing exercise between the rights to privacy and a private life which are encompassed within ECHR Art 8, on the one hand, and the right to freedom of expression reflected in Art 10. The parties in this appeal each accepted that the exercise of judicial discretion whether to relax, or increase, the default restrictions upon publication of information from CA 1989 proceedings is not one in which paramount consideration must be afforded to the welfare of the child who is the subject of the proceedings. That acceptance was based upon a number of first instance decisions, together with the President’s Guidance on the publication of judgments.’

Judges:

McFarlane, Macur, King LJJ

Citations:

[2016] EWCA Civ 113, [2016] WLR(D) 105, [2016] 4 WLR 39, [2016] 3 FCR 63

Links:

Bailii, WLRD

Statutes:

Administration of Justice Act 1960 12

Jurisdiction:

England and Wales

Cited by:

Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 25 October 2022; Ref: scu.560264

UPC Nederland Bv v Gemeente Hilversum: ECJ 7 Nov 2013

ECJ Electronic communications networks and services – Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC – Scope ratione materiae – Provision of a basic package of radio and television programmes via cable – Sale by a municipality of its cable network to a private undertaking – Contractual clause concerning the tariff – Powers of the national regulatory authorities – Principle of sincere cooperation

Judges:

M Ilesic P

Citations:

C-518/11, [2013] EUECJ C-518/11

Links:

Bailii

Statutes:

Directive 97/66/EC, Directive 2002/19/EC, Directive 2002/20/EC, Directive 2002/21/EC and 2002/22/EC, Directive 2002/22/EC

Jurisdiction:

European

Media

Updated: 25 October 2022; Ref: scu.517566

PNM v Times Newspapers Ltd and Others: CA 1 Aug 2014

The claimant sought a privacy order after being accused of historical serious sexual offences against children.
Held: The judge had properly acted within the range of his discretion, and the appeal was dismissed. The judgment would however remain anonymised until the outcome of an appeal to the Supreme Court.
Sharp LJ acknowledged ‘a growing recognition that as a matter of public policy, the identity of those arrested or suspected of a crime should not be released to the public save in exceptional and clearly defined circumstances’

Judges:

Lord Dyson MR, Sharp, Vos LJJ

Citations:

[2014] EWCA Civ 1132, [2014] WLR(D) 371, [2014] CP Rep 48, [2014] EMLR 30, [2015] 1 Cr App R 1

Links:

Bailii, WLRD

Statutes:

Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – PNM v Times Newspapers Ltd and Others QBD 22-Oct-2013
The claimant had been arrested on allegations of serious child sex abuse. The court now considered an application for a continuation or cancellation of an interim non-disclosure order.
Held: The application for a non-disclosure order was . .

Cited by:

Appeal from – 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 . .
Cited – Richard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 24 October 2022; Ref: scu.535521

Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions about how the court should adapt its practice to the realities of the internet, and in particular social media. ‘
Held: Munby J summarised the principles governing the publication of information relating to family proceedings, which principles apply to both to the question of publication of a judgment and the determination of the application for a reporting restriction order: ‘What may be called the ‘automatic restraints’ on the publication of information relating to proceedings under the Children Act 1989 are to be found in s 97 of that Act and s 12 of the Administration of Justice Act 1960. Section 97 prohibits the publication of ‘material which is intended, or likely, to identify’ the child. But this prohibition comes to an end once the proceedings have been concluded . . Section 12 does not protect the identity of anyone involved in the proceedings, not even the child . . just as in the case of experts, there is no statutory protection for the identity of either a local authority or its social workers.
The court has power both to relax and to add to the ‘automatic restraints’. In exercising this jurisdiction the court must conduct the ‘balancing exercise’ described in Re S (Identification: Restrictions on Publication) [2004] UKHL 47 . . This necessitates what Lord Steyn . . called ‘an intense focus on the comparative importance of the specific rights being claimed in the individual case’. There are, typically, a number of competing interests engaged, protected by Arts 6, 8 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the European Convention). . . it is ‘necessary to measure the nature of the impact . . on the child’ of what is in prospect. Indeed, the interests of the child, although not paramount, must be a primary consideration, that is, they must be considered first though they can, of course, be outweighed by the cumulative effect of other considerations . .’

Judges:

Sir James Munby P

Citations:

[2013] EWHC 2694 (Fam), [2014] 1 FLR 523

Links:

Bailii

Statutes:

Administration of Justice Act 1960 12, Children Act 1989 97, European Convention on Human Rights 6 8 10

Jurisdiction:

England and Wales

Citing:

Cited – Attorney General v Guardian Newspapers Ltd (No.1) HL 13-Aug-1987
A retired secret service officer intended to publish his memoirs through the defendant. The house heard an appeal against a temporary injunction restraining publication.
Held: Lord Bridge delivered his dissenting speech in the case of . .

Cited by:

Cited – H v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Media, Children

Updated: 24 October 2022; Ref: scu.515544

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status.
Held: The order should be made. The trial would be likely to arouse considerable local interest. There were fears for the children if their own possible HIV status became known. The approach in in Re Z had now been superceded by human rights law. It was significant that in this case there remained a prospect that an order would be effective, since publicity to date would not allow the identity of the child to become widely known.
Sir Mark Potter said: ‘The exercise to be performed is one of parallel analysis in which the starting point is presumptive parity in that neither article has precedence over or ‘trumps’ the other. The exercise of parallel analysis requires the courts to examine the justification of interfering with each right and the issue of proportionality is to be considered in respect of each. It is not a mechanical exercise to be decided upon the basis of rival generalities. An intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary before the ultimate balancing test in terms of proportionality is carried out. Having so stated, Lord Steyn strongly emphasised the interest in open justice as a factor to be accorded great weight in both the parallel analysis and the ultimate balancing test.’

Judges:

Sir Mark Potter President

Citations:

[2005] EWHC 1564 (Fam), Times 21-Jul-2005, [2006] 1 FLR 1, [2014] EMLR 7

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Contempt of Court Act 1981, Supreme Court Act 1981 45

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – In re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – British Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Diennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
Cited – 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 . .
Cited – F v Newsquest Limited and others 1-Apr-2004
The court referred to the need for newspapers to be able to put a face or identity to a story. There was a ‘clear and compelling interest’ of the media and the public in the publication of the photograph of a person convicted of a serious crime so . .
Cited – Venables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .

Cited by:

Cited – British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – LM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
Cited – British Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
Cited – Child X (Residence and Contact- Rights of Media Attendance) (Rev 2) FD 14-Jul-2009
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter.
Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude . .
Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Cited – H v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Cited – Regina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc CACD 1-Feb-2008
An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against . .
Cited – Re Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
Lists of cited by and citing cases may be incomplete.

Children, Criminal Practice, Media

Updated: 23 October 2022; Ref: scu.229275

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued.

Judges:

Coulson J

Citations:

[2014] EWHC 3623 (QB)

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 2 8

Jurisdiction:

England and Wales

Criminal Practice, Media, Human Rights

Updated: 22 October 2022; Ref: scu.538343

Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the present case had nothing to do with the administration of justice. It seems to me that the concern shown by the justices for not giving publicity to Mr. Hocking’s home address was solely motivated by their sympathy for his well-being if his former wife should learn of his home address and harass him yet again. That kind of predicament is not, unfortunately, unique. There are undoubtedly many people who find themselves defending criminal charges who for all manner of reasons would like to keep unrevealed their identity, their home address in particular. Indeed, I go so far as to say that in the vast majority of cases, in magistrates’ courts anyway, defendants would like their identity to be unrevealed and would be capable of advancing seemingly plausible reasons why that should be so. But, section 11 was not enacted for the benefit of the comfort and feelings of defendants. The general rule enunciated in the passage I have quoted from Attorney-General v Leveller Magazine Limited [1979] A.C. 440, 450, may not, as is there stated, be departed from save where the nature or the circumstances of proceedings are such that the application of the general rule in its entirety would frustrate or render impracticable the administration of justice.’

Judges:

Watkins LJ, Mann J

Citations:

[1988] 1 QB 553

Statutes:

Contempt of Court Act 1981 11

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .

Cited by:

Cited – Times Newspapers Ltd and others v Regina and others CMAC 24-Oct-2008
Anonymity not to be by secret trial
The newspaper appealed against an order for the defendant soldiers’ trial to be held in camera.
Held: Section 94(2) could not be used to provide anonymity. The court relied on its common law powers under which: ‘for us to be entitled to make . .
Cited – Times Newspapers Ltd and others v Soldier B CACD 24-Oct-2008
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the . .
Cited – Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court Admn 8-Jun-2010
Police defendants not to have addresses withheld
The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 21 October 2022; Ref: scu.277159

Goodwin v News Group Newspapers Ltd: QBD 23 May 2011

The claimant had obtained orders restricting publication by the defendant of stories of his relationship with a woman. The order had also restrained publication of their names. The names had since been revealed under parliamentary prvilege, and the defendant sought the discharge of the order.
Held: This had not been a ‘superinjunction’, and there had been no restriction on relevant publications to the FSA.

Judges:

Tugendhat J

Citations:

[2011] EWHC 1309 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – MNB v News Group Newspapers Ltd QBD 9-Mar-2011
The defendant resisted an order preventing disclosure of information said by the claimant to be private.
Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. . .

Cited by:

See Also – Goodwin v News Group Newspapers Ltd QBD 27-May-2011
An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the . .
See Also – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice, Human Rights

Updated: 21 October 2022; Ref: scu.440086

O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the name, and a photograph of the girl, and now appealed her conviction for offences under the 1992 Act.
Held: The appeal was dismissed. There existed strong grounds on which a suspicion that an allegation of sexual misconduct against this girl could properly be based. ‘It was, if there was any doubt about the matter, clearly open to the defendant to make enquiries of the police in order that she might be equipped with all that information, to which I have referred, which had been circulated to persons other than her by e-mail and otherwise.’

Judges:

Rose LJ, Crane J

Citations:

[2005] EWHC 1240 (Admin)

Links:

Bailii

Statutes:

Sexual Offences (Amendment) Act 1992, European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Greater Manchester Newspapers Ltd QBD 4-Dec-2001
The defendant newspaper had published facts relating to the whereabouts of two youths protected by injunction against the publication of any information likely to lead to their location. The injunction was not ambiguous or unclear. ‘Likely’ did not . .
Cited – Brown v United Kingdom ECHR 2-Jul-2002
Article 6(2) of the Convention was not violated by a provision which enabled a newspaper proprietor or publisher to escape strict liability under section 4(5) of the Sexual Offences (Amendment) Act 1976 only if he proved, on the balance of . .
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights, Media

Updated: 20 October 2022; Ref: scu.227055

Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU.
Held: Granted for those applying for it.
The common law rights of the public and press to know about court proceedings are also protected by article 10 of the ECHR

Citations:

[2017] EWHC 629 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Yalland and Others v Secretary of State for Exiting The European Union (630) Admn 3-Feb-2017
Renewed applications for permission to apply for judicial review of the decision taken to leave the EU: ‘The thrust of the claim is that the UK Government has allegedly already decided that an automatic consequence of the United Kingdom leaving the . .
Cited – XXX v Camden London Borough Council CA 11-Nov-2020
Anonymity in Court Proceedings – No two stage test
XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought . .
Cited – Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media, Human Rights

Updated: 13 October 2022; Ref: scu.628714

London Borough of Sutton v Gray and Others v Guardian News and Media Ltd: FD 22 Jun 2016

Application made on behalf of Guardian News and Media Limited, and others for publication of the judgment of Eleanor King J, brought just the day after the convictions resulting from the tragic death of Ellie Butler; and it is made with a powerful element of public interest behind it.
The application is made on behalf of the media organisations on the basis that there is a profound public interest in reporting the story of Ellie’s death, including, in particular, the history of the care proceedings relating to Ellie’s younger sibling. It is said that the judgment of Eleanor King J should be published so as to ensure that the media can properly report both the story of Ellie’s death and the story of the care proceedings.

Judges:

Pauffley J

Citations:

[2016] EWHC 1608 (Fam), [2017] 2 FLR 146, [2016] Fam Law 1097

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media

Updated: 13 October 2022; Ref: scu.566835

Guardian News and Media Ltd and Others v R and Incedal: CACD 9 Feb 2016

Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as to the proper approach to be taken and as to the respective roles of the DPP and the Courts.

Judges:

Lord Thomas of Cwmgiedd CJ, Hallett, Sharpe LJJ

Citations:

[2016] EWCA Crim 11, [2016] 1 WLR 1767, [2016] EMLR 14, [2016] WLR(D) 67, [2016] HRLR 9, [2016] Crim LR 433, (2016) 180 JP 233, [2017] 2 All ER 121, [2016] 1 Cr App R 33

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See also – Guardian News and Media Ltd and Others v Incedal CACD 24-Sep-2014
. .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 13 October 2022; Ref: scu.559669

In re Marines A and Others; Guardian News and Media and Other Media v Judge Advocate General: CACD 17 Dec 2013

The defendants were to face trial alleging that whilst serving in Afghanistan, they had committed murder. They had been granted anonymity, but that order was ordered to be lifted. They sought leave to appeal.
Held: The application was rejected. A Courts-Martial Appeal Court does not have a jurisdiction to hear an application for leave to appeal against the lifting of an order prohibiting the identification of parties to proceedings before a Court-Martial.

Judges:

Lord Thomas CJ, Tugendhat, Holroyde JJ

Citations:

[2013] EWCA Crim 2367, [2013] WLR(D) 486

Links:

Bailii, WLRD

Statutes:

Armed Forces (Court Martial) Rules 2009, Contempt of Court Act 1981

Jurisdiction:

England and Wales

Criminal Practice, Armed Forces, Media

Updated: 13 October 2022; Ref: scu.519023

Guardian News and Media Ltd and Others v Incedal: CACD 24 Sep 2014

Judges:

Gross LJ, Simon, Burnett JJ

Citations:

[2014] EWCA Crim 1861, [2014] HRLR 28, [2015] EMLR 2

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See also – Guardian News and Media Ltd and Others v R and Incedal CACD 9-Feb-2016
Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media

Updated: 13 October 2022; Ref: scu.536999

A v The Secretary of State for The Home Department: SCS 17 May 2013

The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name of the petitioner and other matters (the section 11 order).

Judges:

The Lord President

Citations:

[2013] ScotCS CSIH – 43, 2013 SC 533, 2013 SLT 749, 2013 GWD 19-377

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Leave – A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002 SCS 18-Nov-2008
Application for permission to appeal against a determination of the Asylum and Immigration Tribunal . .

Cited by:

At Court of Session – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 13 October 2022; Ref: scu.510125

British Broadcasting Corporation v Sugar and Another: Admn 2 Oct 2009

Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether the test was as to whether there was a ‘predominant’ use element.
Held: The document was disclosable. The BBC had no obligation to disclose information which they hold to any significant extent for the purposes of journalism, art or literature, whether or not the information is also held for other purposes. The words of the statute do not mean that the information is disclosable if it is held for purposes distinct from journalism, art or literature, whilst it is also held to any significant extent for those listed purposes. If the information is held for mixed purposes, including to any significant extent the purposes listed in the Schedule or one of them, then the information is not disclosable.
The suggested distinction between journalism and functional journalism was not valid. ‘The BBC’s obligations of impartiality, obligations which are perhaps more apt to ‘journalism’ than to art or literature, are not divorced from the activity of journalism. Indeed, it seems to me that in taking decisions which ensure that the BBC conforms to its obligations of impartiality, journalistic considerations are absolutely central. Indeed, such decisions seem to me to fall squarely within the definition the Tribunal gave of the third limb of ‘functional journalism’. Ensuring impartiality, whilst creating conditions in which challenging and penetrating journalistic coverage is possible, may well be described as strategic thinking and decision-making, but such a task is surely intrinsically concerned with journalistic output, even if the immediate activity of reviewing adherence to the Charter obligations may not be ‘journalism’ in the sense of the activity of journalism.’
The predominant purpose test could not either be used. The language used did not allow that reading.

Judges:

Irwin J

Citations:

[2009] EWHC 2349 (Admin), [2010] EMLR 6, [2010] ACD 3, [2010] 1 All ER 782

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Citing:

At HL – Sugar v British Broadcasting Corporation and Another HL 11-Feb-2009
The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the . .
See Also – Sugar and Another v British Broadcasting Corporation (BBC) CA 25-Jan-2008
The court upheld Davis J’s decision that neither the Commissioner nor the Tribunal had had any jurisdiction to entertain Mr Sugar’s challenges to the BBC’s refusal to disclose the Balen report. . .
See Also – British Broadcasting Corporation v Sugar and Another Admn 27-Apr-2007
The applicant sought publication of a report prepared for the respondent as to the even handedness of its reporting of matters in the middle east. The BBC had refused saying that the release of the report would have direct impact on its ability to . .
Cited – 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 . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Cited – Waugh v British Railways Board HL 12-Jul-1979
No Litigation Privilege without Dominant Purpose
An internal report had been prepared by two of the Board’s officers two days after a collision involving the death of a locomotive driver, whose widow brought the action and now sought its production.
Held: The court considered litigation . .
Cited – Department for Business Enterprise and Regulatory Reform v O’Brien and Information Commissioner QBD 10-Feb-2009
The court considered a claim for legal professional privilege by the Department.
Held: The Tribunal had properly directed itself that there was a strong public interest in non-disclosure inbuilt into legal professional privilege but: ‘In the . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
At IT – Sugar v Information Commissioner IT 29-Aug-2006
IT At this preliminary hearing the Tribunal finds that at the time of the request made by Mr Sugar to the BBC for a copy of the Balen Report it was held for purposes other than those of journalism, art or . .
At IT – Sugar v Information Commissioner IT 29-Aug-2006
The Preliminary Issue before the Information Tribunal
The Tribunal decided on 2 March 2006, under its rule 10 procedure (summary disposal of appeals – The Information Tribunal (Enforcement Appeals) Rules 2005 (the Rules), in the absence of the . .
Appeal from – Sugar v Information Commissioner IT 14-May-2009
. .

Cited by:

Appeal from – Sugar v The British Broadcasting Commission and Another (No 2) CA 23-Jun-2010
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
Cited – Sugar v British Broadcasting Corporation and Another (2) SC 15-Feb-2012
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance.
Held: The appeal failed. Where the report was prepared even if only . .
Cited – Department for Work and Pensions v The Information Commissioner and Another CA 27-Jul-2016
The applicant sought disclosure of certain organisations who had provided placements for those seeking work. They said that in the past disclosure had led to adverse publicity for those organisations, and refused disclosure under the department’s . .
Lists of cited by and citing cases may be incomplete.

Information, Media

Updated: 12 October 2022; Ref: scu.375611

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal.
Held: His appeal was allowed: ‘an anonymity order is necessary in the interests of this particular patient. His regime before he left hospital, involving escorted leave in the community, demonstrated the need for anonymity and the case is even stronger now.’
‘The central issue was the interests of the patient, and, although there is no presumption of anonymity for mental patients that element was one element.
In this case the identity of the person involved was central to the point of public interest, but was outweighed by the public interest in the administration of justice. The conduct of the case would require disclosure of sensitive and highly personal clinical data as to psychiatric patients serving sentences of imprisonment, which would have undermined confidential clinical relationships and thereby reduced the efficacy of the system for judicial oversight of the Home Secretary’s decisions.
Lady Hale said: ‘The principle of open justice is one of the most precious in our law. It is there to reassure the public and the parties that our courts are indeed doing justice according to law. In fact, there are two aspects to this principle. The first is that justice should be done in open court, so that the people interested in the case, the wider public and the media can know what is going on. The court should not hear and take into account evidence and arguments that they have not heard or seen. The second is that the names of the people whose cases are being decided, and others involved in the hearing, should be public knowledge. ‘
and: ‘The question in all these cases is that set out in CPR 39.2(4): is anonymity necessary in the interests of the patient? It would be wrong to have a presumption that an order should be made in every case. There is a balance to be struck. The public has a right to know, not only what is going on in our courts, but also who the principal actors are. This is particularly so where notorious criminals are involved. They need to be reassured that sensible decisions are being made about them. On the other hand, the purpose of detention in hospital for treatment is to make the patient better, so that he is no longer a risk either to himself or to others. That whole therapeutic enterprise may be put in jeopardy if confidential information is disclosed in a way which enables the public to identify the patient. It may also be put in jeopardy unless patients have a reasonable expectation in advance that their identities will not be disclosed without their consent. In some cases, that disclosure may put the patient himself, and perhaps also the hospital, those treating him and the other patients there, at risk. The public’s right to know has to be balanced against the potential harm, not only to this patient, but to all the others whose treatment could be affected by the risk of exposure.’

Judges:

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hughes

Citations:

[2016] UKSC 2, [2016] HRLR 7, [2016] WLR(D) 34, [2016] EMLR 13, 149 BMLR 1, (2016) 149 BMLR 1, (2016) 19 CCL Rep 5, [2016] 1 WLR 444, UKSC 2014/0210

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

England and Wales

Citing:

Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – M, Regina (on The Application of) v The Parole Board and Another Admn 22-May-2013
(Jan 2013) The court was asked whether an order for anonymity made in the course of proceedings for judicial review should be discharged upon the application of media and other interested parties. Various newspapers had applied for the order to be . .
Cited – B v The United Kingdom; P v The United Kingdom ECHR 24-Apr-2001
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were . .
Cited – 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 . .
Cited – Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
Cited – Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others Admn 22-Jul-2004
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public.
Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a . .
Cited – M, Regina (on The Application of) v The Parole Board and Another Admn 22-May-2013
(Jan 2013) The court was asked whether an order for anonymity made in the course of proceedings for judicial review should be discharged upon the application of media and other interested parties. Various newspapers had applied for the order to be . .
Cited – C v Secretary of State for Justice Admn 2014
The claimant sought to challenge a refusal to him, as a long standing convicted murderer of unsupervised leave from prison as part of a path to release. He was detained in a secure mental hosptal. The court now considered whether the claimant and . .
Cited – Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley) HL 13-Nov-2003
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker . .
Cited – AH v West London MHT UTAA 29-Jul-2010
Prisoner in secure hospital – application for public hearig of request for discharge – refused . .
Cited – AH v West London MHT (J) UTAA 17-Feb-2011
Order for public hearing of detention review under Mental Health Act – at request of AH. . .

Cited by:

Cited – 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 . .
Cited – XXX v Camden London Borough Council CA 11-Nov-2020
Anonymity in Court Proceedings – No two stage test
XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought . .
Cited – Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media, Health, Human Rights

Updated: 12 October 2022; Ref: scu.559351

Newspaper Publishing Plc and Others: CACD 25 Apr 1997

The AG sought punishment for the publisher, editor and a journalist of the Independent for contempt of court.
Held: Dismissed

Judges:

Lord Bingham of Cornhill LCJ, Latham, PooleJJ

Citations:

[1997] EWCA Crim 987, [1997] 1 WLR 926, [1997] 3 All ER 159

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Contempt of Court, Media

Updated: 11 October 2022; Ref: scu.573349

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 22 Mar 2021

The defendant had been found to be in breach of copyright, and of misuse of private information. The court now considered the form of orders required to complete the judgment.
Held: The statement to be published by the defendant was not to be in the same font-size as the story which was being corrected. The statement had many more words than the story.

Judges:

Warby J

Citations:

[2021] EWHC 669 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Samsung Electronics (UK) Ltd v Apple Inc CA 18-Oct-2012
In a registered design claim, the line drawings included one or two small features (an opening catch and a rim around the edge), and the natural implication was that no other ornamentation was intended, a view supported by the fact that the . .
Cited – Lisle-Mainwaring v Associated Newspapers Ltd CA 27-Jun-2018
Whether valid grant of leave to appeal on retirement of judge. . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 08 October 2022; Ref: scu.659922

Viagogo Ltd v Myles and Others: ChD 23 Feb 2012

Reasons for dismissal of request for order restraining transmission of TV programme about the claimant’s business practices.

Judges:

Hildyard J

Citations:

[2012] EWHC 433 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society ChD 20-May-2016
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 07 October 2022; Ref: scu.452835

London Christian Radio and Another, Regina (on The Application of) v Radio Advertising Clearance Centre and Another: Admn 20 Apr 2012

The claimant challenged a finding by the respondent that a proposed advertisement would breach the prohibitions on political advertising in the 2003 Act.

Judges:

Silber J

Citations:

[2012] EWHC 1043 (Admin)

Links:

Bailii

Statutes:

Communications Act 2003

Media

Updated: 07 October 2022; Ref: scu.452833

BUQ v HRE: QBD 29 Mar 2012

The claimant had obtained an order restricting the defendant from the disclosure of information of a sexual nature concerning the Claimant and his wife (who is not a claimant). The defendant now sought the amendent of the order to allow disclosure in employment tribunal proceedings.

Judges:

Tugendhat J

Citations:

[2012] EWHC 774 (QB)

Links:

Bailii

Employment, Media

Updated: 07 October 2022; Ref: scu.452709

Contostavlos v Mendahun: QBD 29 Mar 2012

The claimant sought interim continuation of an order restraining the publication by the defendants of any film showing her engaged in any sexual activity. Attempts had been made by various defendants to sell what she said were faked tapes to various media organisations.

Judges:

Tugendhat J

Citations:

[2012] EWHC 850 (QB)

Links:

Bailii

Media

Updated: 06 October 2022; Ref: scu.452460

AM v News Group Newspapers Ltd and Others: QBD 23 Feb 2012

The claimant had obtained an interim order restraining many media organisations from publishing any story which might concern his life. Representatives of the Sun having been said to have acted in breach of the order, the proceedings were amended to name its owner as the first defendant.

Judges:

Tugendhat J

Citations:

[2012] EWHC 308 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Torts – Other, Media, Litigation Practice

Updated: 05 October 2022; Ref: scu.451740

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern related to the response to expert medcal evidence.
Held: The complaints were unadmissible. The interferences were prescribed by law and that they pursued a legitimate aim, namely maintaining the authority and impartiality of the judiciary.
‘rules imposing requirements of confidentiality as regards judicial deliberations play an important role in maintaining the authority and impartiality of the judiciary, by promoting free and frank discussion by those who are required to decide the issues which arise . . As to lay jurors, who are often obliged by law to undertake jury service as part of their civic duties, it is essential that they be free to air their views and opinions on all aspects of the case and the evidence before them, without censoring themselves for fear of their general views or specific comments being disclosed to, and criticised in, the press . . the rule governing the secrecy of jury deliberations was a crucial and legitimate feature of English trial law which served to reinforce the jury’s role as the ultimate arbiter of fact and to guarantee open and frank deliberations among jurors on the evidence which they had heard. It considers that the nature of this imperative is such that an absolute rule cannot be viewed as being unreasonable or disproportionate, given that any qualification or exception would necessarily lead to an element of doubt which could undermine the very objective which the legislation seeks to secure.’

Judges:

Lech Garlicki, P

Citations:

33510/10, [2012] ECHR 241, 32844/10

Links:

Bailii

Statutes:

European Convention on Human Rights, Contempt of Court Act 1981 8

Jurisdiction:

Human Rights

Citing:

At Admn – HM Attorney General v Seckerson and Times Newspapers Ltd Admn 13-May-2009
The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent . .
Cited – HM Attorney-General v Associated Newspapers Ltd and Others HL 4-Feb-1994
Following the acquittal of a prominent politician on a charge of conspiracy to murder, the New Statesman magazine published an article, based on an interview with one of the jurors, which gave an account of significant parts of the jury’s . .
Cited – 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 . .
Cited – 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 . .
Cited – Mosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – Gutierrez Suarez v Spain ECHR 1-Sep-2010
(French Text) . .
Cited – 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 . .
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Cited – 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 . .
Cited – Bladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
Cited – Regina v Pan 29-Jun-2001
(Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, while ensuring that those deliberations . .
Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Cited – Timpul Info-Magazin and Anghel v Moldova ECHR 27-Nov-2007
Particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive. . .
Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Criminal Practice, Contempt of Court

Updated: 04 October 2022; Ref: scu.451243

Regina v Hardwicke and Thwaites: CACD 10 Nov 2000

Malpractice or entrapment by those outside the legal system was not to be considered in the same way as such behaviour by those who had a formal part in the investigation of crime. That a journalist might encourage a crime for a story should not necessarily lead to exclusion of the evidence. The journalist’s crime was venial in comparison to that of the appellants, and their behaviour would not undermine trust as would similar behaviour in law enforcement officers.

Judges:

Lord Justice Kennedy Justice Alliott and Justice Bell

Citations:

Times 16-Nov-2000, [2000] EWCA Crim 60

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Criminal Evidence, Media, Crime

Updated: 04 October 2022; Ref: scu.158710

Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim.

Judges:

Arnold J

Citations:

[2010] EWHC 2065 (Ch)

Links:

Bailii

Statutes:

Civil Procedure Rules 24.2

Jurisdiction:

England and Wales

Citing:

Cited – JD Wetherspoon Plc v Van De Berg and Co Ltd and others ChD 4-May-2007
Lewison J summarised the approach to be taken by courts hearing an application by defendants to strike out claims: ‘Both the application to strike out and the application for summary judgment are summary applications. The application for summary . .
Cited – Green v Broadcasting Corporation of New Zealand PC 18-Jul-1989
Format of TV show not copyrightable
Court of Appeal of New Zealand – The plaintiff had developed the program ‘Opportunity Knocks’ on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. . .
Cited – Swain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
Cited – Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2) CA 11-Nov-1999
The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties.
Held: A film was protected as a . .
Cited – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
Cited – Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd CA 26-May-2006
Appeals were made against interlocutory injunctions for alleged trade mark infringement.
Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the . .
Cited – E D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .
Cited – Baigent and Another v The Random House Group Ltd CA 28-Mar-2007
The claimants appealed against a decision that the defendant’s book, the Da Vinci Code, had not infringed their copyright. The judge had found some copying, but not so much that a substantial part had been copied.
Held: Mummery LJ said: ‘In . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others CA 14-Mar-2007
The defendant appealed against a finding of copyright infringement in a computer game.
Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a . .

Cited by:

Cited – T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others CA 29-Jan-2013
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Updated: 04 October 2022; Ref: scu.423148

Coogan v News Group Newspapers Ltd etc: CA 1 Feb 2012

The claimants said that their voicemail accounts had been hacked by one defendant on behalf of the other. They sought discovery of records, and the defendants argued for the benefit of the privilege against self incrimination.
Lord Neuberger MR discussed the use of the privilege against self incrimination (‘PSI’), saying: ‘I would take this opportunity to express my support for the view that PSI has had its day in civil proceedings, provided that its removal is made subject to a provision along the lines of section 72(3). Whether or not one has that opinion, however, it is undoubtedly the case that, save to the extent that it has been cut down by statute, PSI remains part of the common law, and that it is for the legislature, not the judiciary, to remove it, or to cut it down.’
and as to section 72: ‘The purpose of section 72 is self-evidently to remove PSI in certain types of case, namely those described in section 72(2). While there have been significant judicial observations doubting the value of PSI in civil proceedings, it would be wrong to invoke them to support an artificially wide interpretation of the expression, as it is clear that Parliament has decided that section 72 should contain only a limited exception from the privilege. On the other hand, in the light of the consistent judicial questioning as to whether PSI is still appropriate in civil proceedings, it would be rather odd for a court to interpret such a provision narrowly. Further, the fact that PSI is an important common law right does not persuade me that the expression should be given a particularly narrow meaning.’

Judges:

Lord Neuberger MR

Citations:

[2012] EWCA Civ 48, [2012] 2 WLR 84, [2012] EMLR 14, [2012] 2 All ER 74

Links:

Bailii

Statutes:

Senior Courts Act 1981 72

Jurisdiction:

England and Wales

Citing:

Appeal from – Phillips v Newsgroup Newspapers Ltd and Others ChD 17-Nov-2010
The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now . .
Appeal from – Gray v News Group Newspapers Ltd and Another; Coogan v Same ChD 25-Feb-2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. . .
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .

Cited by:

Appeal from – Phillips v Mulcaire SC 24-May-2012
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 04 October 2022; Ref: scu.450528

ITV Broadcasting Ltd and Others v TV Catch Up Ltd: ChD 25 Nov 2010

The defendant sought summary judgment saying that the claim was doomed to fail. The claimants alleged copyright infringement in the rebroadcasting by the defendants of their materials.

Judges:

Kitchin J

Citations:

[2010] EWHC 3063 (Ch)

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988 6, Copyright and Related Rights Regulations 2003 (SI 2003/2498), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001

Jurisdiction:

England and Wales

Intellectual Property, Media, European

Updated: 01 October 2022; Ref: scu.426711

Sony Computer Entertainment v Paul Owen: ChD 23 Jan 2002

Claim for infringement – sale of chip designed to bypass country code control on the claimant’s gaming machines.
Held: An infringement of copyright committed in breach of an injunction restraining such infringement can found an award of additional damages.
In distinguishing WB, Jacob J said: ‘That seems to me to be a very different case because there is no provision authorising damages for contempt itself and no provision in the general law for additional damages for the wrongs alleged [Bauer’s case was a case of breach of confidence]. Here there is. Section 97 requires the Court to have regard to all the circumstances. Those circumstances, to my mind, plainly can include the circumstance that the sales were done in breach of a Court Order. They make the act flagrant. They make the act fairly describable as ‘scandalous’. In this regard, copyright is different from many other rights precisely because there is the statutory right to additional damages if the Court, in all the circumstances, thinks it right to grant them. I do, in this case, in principle, although I am told that the evidence will establish mitigating circumstances. ‘

Judges:

Jacob J

Citations:

[2002] EMLR 34, [2002] EWHC 45 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Distinguished – WB v H Bauer Publishing Ltd 2002
. .

Cited by:

Cited – Navitaire Inc v Easyjet Airline Co and Another ChD 30-Jul-2004
The claimant alleged infringement of its copyright in a software system which dealt with airline reservations. It was not said that any code had been copied, but merely that an express requirement of the defendant ordering the system was that it . .
Cited – Phonographic Performance Ltd v Reader ChD 22-Mar-2005
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, Damages

Updated: 01 October 2022; Ref: scu.220472

Arief International Inc v Celador International Limited: ChD 2 Jun 2004

The defendant refused to extend a contract licensing the claimant to produce in Indonesia, shows under the style of ‘Who wants to be a Millionaire’, saying that the claimant had broken a contract provision restricting alienation.
Held: There had been an alienation of the production of the show, but not such as to allow, on a preliminary view, the contractual obligation by Celador to renew to be evaded.

Judges:

Lindsay The Honourable Mr Justice Lindsay

Citations:

[2004] EWHC 1277 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Media

Updated: 01 October 2022; Ref: scu.197928

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: OPO’s claim was an attempt by the mother to stop the father from selling his life story to the public because she believes that it would traumatise their child if he were to learn about it. He found that the danger to the child was not the publication of the Work but the fact that extracts from it would become available on the internet: ‘The factual evidence is that it is most unlikely that the claimant would come into possession of the book as such: but that he is a bright 11 year old who does Google searches on his father which would lead him to reviews of the book, extracts from it or references to its contents in (for example) his father’s Wikipedia entry. In a witness statement, filed during the hearing before me, the mother states that the claimant found a reference to his father having been abused as a child and asked her what that meant. The mother has blocked certain sites on the claimant’s computer but of course will not have the same degree of control over what he might view at school or elsewhere.’
There was no cause of action for MPI because the information was about MLA, not about the private lives of OPO or his mother.
There was no cause of action in negligence on the grounds of policy. Negligence requires a duty of care, breach of the duty of care and damage. The judge held that on policy grounds the law did not impose a duty of care on a parent to his child in respect of matters arising out of the child’s upbringing.

Judges:

Bean J

Citations:

[2014] EWHC 2468 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – OPO v MLA and Another QBD 18-Jul-2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: . .
Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
Cited – Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – Wong v Parkside Health NHS Trust and Another CA 16-Nov-2001
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force . .
Cited – 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 . .
Cited – Ash and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – ETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Cited – 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 . .

Cited by:

Cited – OPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
Cited – OPO v MLA and Another QBD 18-Jul-2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: . .
Appeal From – OPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
At First Instance – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 01 October 2022; Ref: scu.553269

Z and Others v News Group Newspapers Ltd and Others (Judgment 2): FD 21 May 2013

The court had made an order preventing the identification of the defendant Z and children pending the completion of an associated criminal trial. It now considered what should be done if Z was convicted.
Held: ‘the marginal re-weighting of factors in this case in the event of a conviction would tilt the balance in favour of freedom of expression. It follows that in the event that Mrs Z is convicted of any of the counts on the indictment, I consider that the Article 10 right to publish her name as a convicted person prevails over the right of the whole family to anonymity in the press. It would, in my judgment, be unconscionable for the public not to know the name of a person convicted of fraud, possibly (depending on the extent of the guilty verdicts) substantial fraud, upon the State’

Judges:

Cobb J

Citations:

[2013] EWHC 1371 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Criminal Practice

Updated: 29 September 2022; Ref: scu.510089

Cox v Jones: ChD 6 May 2004

In the course of the hearing some of the claimant’s allegations were dropped. Newspapers having taken an interest in the case sought disclosure of the full document.
Held: The parts of the statements not relied upon included allegations against third parties who would have no opportunity of reply, and which allegations were not pursued. The names would be deleted. The court made available the documents required under 5.4 but not further.

Judges:

Mann, The Honourable Mr Justice Mann

Citations:

[2004] EWHC 1006 (Ch)

Links:

Bailii

Statutes:

Civil Procedure Rules 5.4 32.13

Jurisdiction:

England and Wales

Family, Evidence, Media, Civil Procedure Rules

Updated: 29 September 2022; Ref: scu.196624

ABC v Google Llc: QBD 14 Nov 2019

The claimant complained that the defendant was publishing material relating to an historic conviction which was now spent. He had applied for anonymity, and had been granted it temporarily, but had since failed to comply with an order requiring him to identify himself to the court and to the defendant. He applied from relief from sanctions in respect of that failure, namely the striking out of his claim.
Held: Refused. The application was in substance, an improper attempt to circumvent his failed appeal against the Order of Mr Justice Nicklin: ‘This is a paradigmatic example of the conduct of a litigant which has prevented the court and the parties from conducting the litigation efficiently and at proportionate cost. The Claimant has shown no respect for the Orders of this Court.’

Citations:

[2019] EWHC 3020 (QB)

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974

Jurisdiction:

England and Wales

Human Rights, Media, Defamation

Updated: 29 September 2022; Ref: scu.645952

Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals.
Held: The Court considered whether the newspaper had a reasonable basis for its factual allegations to decide whether it was correct to restrict the freedom to publish. ‘Although the press must not overstep certain bounds, in particular in respect of the reputation and rights of others and the need to prevent the disclosure of confidential information, its duty is nevertheless to impart – in a manner consistent with its obligations and responsibilities – information and ideas on all matters of public interest.’ As to balance: ‘Article 10 of the Convention does not, however, guarantee a wholly freedom of expression even with respect to press coverage of matters of serious public concern. Under the terms of paragraph 2 of the Article the exercise of this freedom carries with it ‘duties and responsibilities’ which also apply to the press. These ‘duties and responsibilities’ are liable to assume significance when, as in the present case, there is question of attacking the reputation of private individuals and examining the ‘rights of others’. As pointed out by the government, the seal hunters’ right to protection of their honour and reputation is itself internationally recognised under Article 17 of the International Covenant on Civil and Political Rights. Also of relevance for the balancing of competing interests which the Court must carry out is the fact that under article 6(2) of the Convention the seal hunters had a right to be presumed innocent of any criminal offence until proved guilty. By reason of the duties and responsibilities’ inherent in the exercise of the freedom of expression, the safeguard afforded by article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they are acting in good faith to provide accurate and reliable information in accordance with the ethics of journalism.’

Citations:

21980/93, (2000) 29 EHRR 125, [1999] ECHR 29

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Cited by:

Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – 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 . .
Cited – Loutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
Cited – George Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
Cited – George Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Cited – Doctor A and Others v Ward and Another FD 9-Feb-2010
. .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
Cited – Times Newspapers Ltd and Others v Flood and Others SC 11-Apr-2017
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech.
Held: Each of the three appeals was dismissed. . .
Cited – Turley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 22 September 2022; Ref: scu.165714

Re P: FD 13 Dec 2013

A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation of the child are overwhelming and that the corresponding arguments in favour of the naming of the child, if indeed there are such arguments (and none have in fact been put forward), are exiguous and, on any basis, heavily counterbalanced by the arguments in favour of the child’s anonymity being preserved.’
As to the mother: ‘The mother wishes to complain publicly about the way in which the courts in this country have handled her and her daughter. The court should be very slow indeed before preventing a parent doing what the mother wishes to do in the present case.’
Order accordingly, reasons to follow.

Judges:

Munby J, P

Citations:

[2013] EWHC 4037 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re P (A Child) Misc 1-Feb-2013
Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold . .
Cited – In re AA COP 23-Aug-2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric . .

Cited by:

See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 19 September 2022; Ref: scu.519044

Roberts And Roberts v The United Kingdom: ECHR 5 Jul 2011

(Admissibility) The claimants, members of the British Nation Party, had complained of defamation by other elements of the BNP as regards te circumstances of the theft of the proceeds of a meeting being stolen from their home. The claim had been dismissed as reportage of a politicalk event with Reynolds privilege: ‘libel litigation is not the conduct of political vendettas by other means.’
Held: The applicants had faied to exhaust the domestic remedies available and the case was declared inadmissible.

Judges:

Lech Garlicki, P

Citations:

38681/08, [2011] ECHR 1220

Links:

Bailii

Statutes:

European Convention on Human Rights 6.1

Human Rights, Defamation, Media

Updated: 19 September 2022; Ref: scu.443792

KGM v News Group Newspapers Ltd and Others: CA 25 May 2011

Judges:

Lord Neuberger MR, Etherton, Gross LJJ

Citations:

[2011] EWCA Civ 933

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – KGM v News Group Newspapers Ltd and Others QBD 1-Dec-2010
The claimant had obtained an interim injunction to prevent the defendant newspapers from publishing stories about him, together with an order protecting his identity within the proceedings. The defendants now sought to have the injunctions set . .
Lists of cited by and citing cases may be incomplete.

Media, Costs

Updated: 17 September 2022; Ref: scu.442714

Telefonica O2 Uk Ltd v Office of Communications and Another: CAT 7 Oct 2010

OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the tarriff would not be harmful to comsumers, it could not be set aside.

Citations:

[2010] CAT 25

Links:

Bailii

Cited by:

Appeal from – Telefonica O2 UK Ltd and Others v British Telecommunications Plc and Another CA 25-Jul-2012
BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that . .
At CAT – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Lists of cited by and citing cases may be incomplete.

Commercial, Media

Updated: 15 September 2022; Ref: scu.441666

BBC, Petitioners: HCJ 11 Apr 2000

The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in the proper administration of justice. It was not for the courts to justify acting in accordance with the rule.

Citations:

Times 11-Apr-2000, 2001 SCCR 440

Statutes:

Contempt of Court Act 1981

Jurisdiction:

Scotland

Cited by:

See Also – BBC, Petitioners (No 2) HCJ 13-Jun-2000
A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but . .
Cited – Her Majesty’s Advocate v William Frederick Ian Beggs (Opinion No 1) HCJ 17-Sep-2001
The defendant complained that the publicity preceding his trial for a notorious murder would prejudice his right to a fair trial, and sought an order under the 1981 Act to delay any further publicity until after the trial, partcularly where previous . .
Lists of cited by and citing cases may be incomplete.

Media, Criminal Practice

Updated: 13 September 2022; Ref: scu.78300

Sicri v Associated Newspapers Ltd: QBD 21 Dec 2020

The claimant complained that the defendant had published his name as a suspect in terrorist activities. He had been released without charge, but the defendant had not published that fact. The court was now asked whether he had a reasonable expectation of privacy in respect of his arrest.

Judges:

Warby J

Citations:

[2020] EWHC 3541 (QB), [2021] 4 WLR 9

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Cited by:

Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights

Updated: 13 September 2022; Ref: scu.656962

Gaunt, Regina (on The Application of) v The Office of Communications: CA 17 Jun 2011

The claimant appealed against rejection of his challenge to a determination of the respondent that a radio interview he conducted had been in breach of the Broadcasting Code. He said that the finding was an undue interference in his freedom of speech.

Judges:

Lord Neuberger MR, Toulson, Etherton LJJ

Citations:

[2011] EWCA Civ 692, [2011] 1 WLR 2355, [2011] EMLR 28

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Appeal from – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Leave to Appeal – Gaunt, Regina (on The Application of) v The Office of Communications CA 24-Jan-2011
The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 13 September 2022; Ref: scu.440848

Editions Plon (Societe) v France: ECHR 15 Sep 2010

The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some months after he was first elected President of the French Republic.
After the President’s widow and children had applied for an injunction, the civil courts prohibited the distribution of the book, at first provisionally following the application, then permanently. After finding that both prohibitive measures had been in accordance with the law and pursued legitimate aims within the meaning of Article 10, the European Court noted that the injunction granted as a strictly temporary protective measure could be deemed necessary in a democratic society to protect the rights of the President and his heirs. It held, however, that the absolute permanent ban ordered by the trial and appeal courts no longer met a ‘pressing social need’ and was therefore disproportionate to the aims pursued (violation of Article 10).

Citations:

[2010] ECHR 1433

Links:

Bailii

Cited by:

Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 13 September 2022; Ref: scu.440175

Attorney General for Northern Ireland, Re an Application By: QBNI 12 Dec 2003

Application by the Attorney General in which he claims that Belfast Telegraph Newspapers Ltd and Martin Lindsay have been guilty of contempt of court by publishing newspaper articles relating to one Sean Toner shortly before his trial on drugs offences. The Attorney General seeks an order punishing the respondents for that contempt.

Judges:

Carswell LCJ and Kerr J

Citations:

[2003] NIQB 73, [2004] 3 BNIL 13

Links:

Bailii

Jurisdiction:

Northern Ireland

Contempt of Court, Media

Updated: 12 September 2022; Ref: scu.202178

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes at the outset that this is not a case where there are no measures in place to ensure protection of Article 8 rights. A system of self-regulation of the press has been established in the United Kingdom, with guidance provided in the Editors’ Code and Codebook and oversight of journalists’ and editors’ conduct by the PCC . . This system reflects the 1970 declaration, the 1998 resolution and the 2008 resolution of the Parliamentary Assembly of the Council of Europe . . While the PCC itself has no power to award damages, an individual may commence civil proceedings in respect of any alleged violation of the right to respect for private life which, if successful, can lead to a damages award in his favour. In the applicant’s case, for example, the newspaper was required to pay GBP 60,000 damages, approximately GBP 420,000 in respect of the applicant’s costs and an unspecified sum in respect of its own legal costs in defending the claim. The Court is of the view that such awards can reasonably be expected to have a salutary effect on journalistic practices. Further, if an individual is aware of a pending publication relating to his private life, he is entitled to seek an interim injunction preventing publication of the material. Again, the Court notes that the availability of civil proceedings and interim injunctions is fully in line with the provisions of the Parliamentary Assembly’s 1998 resolution (see paragraph 58 above). Further protection for individuals is provided by the Data Protection Act 1998, which sets out the right to have unlawfully collected or inaccurate data destroyed or rectified . . The Court, like the Parliamentary Assembly, recognises that the private lives of those in the public eye have become a highly lucrative commodity for certain sectors of the media . . The publication of news about such persons contributes to the variety of information available to the public and, although generally for the purposes of entertainment rather than education, undoubtedly benefits from the protection of Article 10. However, as noted above, such protection may cede to the requirements of Article 8 where the information at stake is of a private and intimate nature and there is no public interest in its dissemination.’

Judges:

Lech Garlicki, P

Citations:

[2011] ECHR 774, 48009/08, [2012] EMLR 1, [2012] 1 FCR 99, (2011) 31 BHRC 409, (2011) 53 EHRR 30

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10, Rehabilitation of Offenders Act 1974

Jurisdiction:

Human Rights

Citing:

See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
See Also – Mosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See Also – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .

Cited by:

Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – TSE and ELP v News Group Newspapers Ltd QBD 23-May-2011
The claimants had obtained an injunction preventing publication of details of their private lives and against being publicly named. The newspaper had not attempted to raise any public interest defence. Various publications had taken place to breach . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – T, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 12 September 2022; Ref: scu.439624

Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011

The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but not his name.
Held: The claim should be struck out. The existing articles complained of were not in contempt in that they had not infringed the orders made and had not mentioned the SOPO order. The claim was procedurally flawed, was hopeless in any event, because no basis for an anonymity order is justified on the particular facts of this case, and the recent clear breach of the SOPO by the claimant, was a third reason why the claim must be struck out.

Judges:

Coulson J

Citations:

[2011] EWHC 406 (QB)

Links:

Bailii

Statutes:

Contempt of Court Act 1981 11

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Birmingham Post and Mail Ltd v Birmingham City Council QBD 12-Nov-1993
The name of a person with a notifiable disease could be withheld pending an appeal, but any anonymity given by court to party must end when it would not be needed for the purposes of justice. The power to make an order under s.11 must be exercised . .
Cited – MGN Pension Trustees Ltd v Bank of America National Trust and Savings Association Etc ChD 15-Dec-1994
There should be no refusal to allow reporting of civil proceedings where criminal proceedings were not likely to be prejudiced. The critical question in relation to section 4(2) is whether there is a substantial risk of prejudice to the . .
Cited – Attorney-General v Birmingham Post and Mail Ltd QBD 31-Aug-1998
The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict . .
Cited – Regina v Arundel Justices, Ex parte Westminster Press Ltd 1985
The basic rule is that anything said in open court may be reported. Withholding the name from the public during the proceedings will provide the basis for the making of an order under section 11 of the Contempt of Court Act 1981. . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – Gray v UVW QBD 21-Oct-2010
Application was made for the name of the defendant not to be published.
Held: To the extent that a claimant seeks an order for the anonymisation of any reports of the SOPO proceedings, then that jurisdiction derives from section 6(1) of the . .
Lists of cited by and citing cases may be incomplete.

Media, Criminal Practice

Updated: 11 September 2022; Ref: scu.430253

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months in a third country. The respondent accepted that it had documents which might be seen as exculpatory. Despite acknowledgement that he had been in the possession of the US continually, there were two years for which they were unable to account for his whereabouts.
Held: ‘We are unable to conclude that there exists a rule of customary international law which requires the United Kingdom to make disclosure to BM, in the manner claimed.’ The court noted the undertaking given by the respondent to reconsider the decision.
>The Rank Film decision was to be preferred to that in Lundquist. The evidence so far provided by the US military commission disclosed nothing of the missing period, and there was nothing to indicate that more would be disclosed. Much evidence having been heard in a closed session, the court could only summarise the facts it found. Some knowledge of the treatment of the claimant was found, and that he was not being held at a regular US Military facility. An order under Norwich Pharmacal should not be made unless the information was necessary. The court attached particular importance to the nature of the prohibition on State torture: ‘The common law has long set its face against torture, a practice which it has regarded for centuries with a particular abhorrence . . When practised by a State as an instrument of State policy it is a particularly ugly phenomenon.’

Judges:

Thomas LJ, Lloyd Jones J

Citations:

[2008] EWHC 2048 (Admin), [2009] 1 WLR 2579

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Regina (on the Application of Mullen) v The Secretary of State for the Home Department CA 20-Dec-2002
The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed.
Held: There was no substantial criticism of the trial itself, but . .
Cited – Rank Film Distributors v Video Information Centre HL 1-Mar-1981
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had . .
Cited – Koo Golden East Mongolia v Bank of Nova Scotia and others CA 19-Dec-2007
When making an order for the production of documents by a third party to an action, Sir Anthony Clarke MR said that it is necessary to consider all the circumstances in the light of the fact that Norwich Pharmacal relief is a flexible remedy. . .
Cited – Campaign Against Arms Trade v BAE Systems Plc QBD 26-Feb-2007
Application seeking Norwich Pharmacal relief against the Respondent for disclosure. King J said: ‘The third party has to have some connection with the circumstances of the wrong which enables the purpose of the wrongdoing to be furthered.’ . .
Cited – Sociedade Nacional de Combustatives de Angola UEE v Lundqvist CA 1990
Large quantities of crude oil had been sold at an undervalue by a dishonest consultant and his associates. A Mareva injunction had been granted. The defendant objected to being required to disclose the extent of his foreign assets saying that such . .
Cited – Den Norske Bank ASA v Antonatos and Another CA 7-Apr-1998
The defendants appealed orders requiring them to attend court and provide evidence under cross-examination. They claimed a prvilege against self-incrimination.
Waller LJ said: ‘A witness is entitled to claim the privilege in relation to any . .
Cited – Axa Equity and Life Assurance Plc Society Plc and others v National Westminster Bank Plc and others CA 7-May-1998
Discovery of documents from third parties. Morritt LJ said that an order might be made where the party holding the documents could be said to have involvement in terms of ‘causing or facilitating’ the wrong. . .
Cited – Financial Times Ltd and others v Interbrew SA CA 8-Mar-2002
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – British Steel Corporation v Granada Television Ltd CA 7-May-1980
Lord Denning MR said that the Norwich Pharmacal case opened ‘a new chapter in our law’ and ‘Mr Irvine suggested this was limited to cases where the injured person desired to sue the wrongdoer. I see no reason why it should be so limited. The same . .
Cited – British Steel Corporation v Granada Television Ltd HL 7-May-1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Cited – Nikitin and others v Butler LLP and others QBD 9-Feb-2007
A request was made for Norwich Pharmacal disclosure.
Held: Langley J considered the case law and decided that that it was necessary to show that the information sought was vital to a decision to sue or an ability to plead and whether or not. . .
Cited – 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 . .
Approved – Arab Monetary Fund v Hashim and On (No.5) 1992
The rule in Norwich Pharmacal does not provide a general right of discovery. Hoffman J cited Lord Reid in Norwich Pharmacal and said: ‘The reference to ‘full information’ has sometimes led to an assumption that any person who has become mixed up in . .
Cited – Banker’s Trust v Shapira CA 1980
Enforcement through innocent third party bank
Two forged cheques, each for USD500,000, had been presented by two men and as a result USD1,000,000 had been transferred to accounts in their names. The plaintiff sought to trace assets through the banks involved.
Held: The court approved the . .
Cited – CHC Software Care v Hopkins and Wood 1993
The jurisdiction to require discovery of documents from a third party is not restricted to seeking information from an innocent third party. The third party may himself be one of the wrongdoers. . .
Cited – Rex v Warickshall 1783
Evidence that stolen goods were found under the bed of the accused was admitted notwithstanding that the discovery was made in consequence of her inadmissible confession. Evidence obtained by oppression should be admitted to court. Involuntary . .
Cited – Customs and Excise Commissioners v Harz and Power; Regina v Harz and Power HL 1967
The rule that a confessional statement is not admissible if it was induced by a fear of prejudice or a hope of advantage exercised or held out by a person in authority applies equally where the inducement does not relate to the actual or . .
Cited – The Republic of Ireland v The United Kingdom ECHR 18-Jan-1978
The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – 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 . .
Cited – Regina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .
Cited – Filarliga v Pena-lrala 1980
(US Court of Appeals) ‘the torturer has become like the pirate and the slave trader before him, hostis humani generis, an enemy of all mankind’. . .
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Cited – Wong Kam-Ming v The Queen PC 20-Dec-1978
The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence . .
Cited – Aoot Kalmneft v Denton Wilde Sapte (A Firm) Merc 29-Oct-2001
The court ordered relief by way of disclosure against a third party: ‘In Norwich Pharmacal the information required was the identity of the wrongdoer (the applicant knew what wrong had been done but not who had done it) but I see no reason why the . .
Cited – Lam Chi-ming v The Queen PC 1991
The inadmissibility of a confession not proved to be voluntary is perhaps the most fundamental rule of the English criminal law.
Lord Griffiths summarised the justification for the rule excluding evidence obtained improperly. Accepting that ‘a . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Prosecutor v Furundzija ICT 10-Dec-1998
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State . .
Cited – North Sea Continental Shelf cases ICJ 1969
The court described the process by which a treaty rule may become a rule of customary law: ‘It would in the first place be necessary that the provisions concerned should, at all events potentially, be of a fundamentally norm-creating character such . .
Cited – JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
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 . .
Cited – Khadr v Canada (Attorney General) 25-Jun-2008
The court ordered disclosure by the Canadaian authorities of the transcripts of interviews released to the government relating to the time when the claimant had been held in Guantanamo Bay by the USA. . .
Cited – Canada (Minister of Justice) v Khadr 23-May-2008
Constitutional law – Charter of Rights – Application – Fundamental justice – Duty to disclose – Canadian officials interviewing detainee in Guantanamo Bay and sharing contents of interviews with U.S. authorities – Whether principles of international . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 12-Oct-2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay.
Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in . .
Cited – Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
Cited – Prosecutor v Furundzija 1-Apr-1999
(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer . .

Cited by:

See also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs, Admn 22-Oct-2008
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 10 September 2022; Ref: scu.272819

Blue v Ashley: ComC 26 Jun 2017

A newspaper sought disclosure of witness statements and other papers lodged at the court in the course of proceedings but not yet used in court.
Held: The application was refused.
Leggatt J said: ‘When a witness statement forms part of the evidence given at a trial, the principle of open justice requires that a member of the public or press who wishes to do so should be able to read the statement – in just the same way as they would have been entitled to hear the evidence if it had been given orally at a public hearing in court. That is the rationale for the right of a member of the public under CPR 32.13 to inspect a witness statement once it stands as evidence in chief during the trial, unless the court otherwise directs. But there is no corresponding right or reason why a member of the public or press should be entitled to obtain copies of witness statements before they have become evidence in the case. Conducting cases openly and publicly does not require this. Nor is it necessary to enable the public to understand and scrutinise the justice system. The advance notice that a witness statement provides of what evidence its maker, if called as a witness, will give is provided for the benefit of opposing parties (for the reasons I have indicated), not the public. The trial is an event which must (save in exceptional circumstances) be conducted in public so that justice can be seen to be done. But preparations by the parties for the trial for the most part are not, and do not need to be, public.’

Judges:

Leggatt J

Citations:

[2017] EWHC 1553 (Comm), [2017] WLR(D) 424, [2017] 1 WLR 3630, [2017] EMLR 27

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

See Also – Blue v Ashley (Judgment) ComC 26-Jul-2017
The parties disputed the existence of an oral agreement by a businessman to pay a sum of millions of pounds in certain circumstances to a business acquaintance with whom he was then drinking in a public house.
Held: The claim failed: ‘no . .
Cited – Kogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 10 September 2022; Ref: scu.588922

Wandsworth Borough Council v South Western Magistrates’ Court, Clear Channel UK Limited: Admn 2 May 2007

The council appealed dismissal of its prosecution of the defendant under the Regulations on the basis that the defendant had deemed consent for the advertisements at issue. A picture which had been painted on the upper half of a house, in 1921, and had been replaced in 200 with a rolling illuminated advert. The prosecutor said that the illumination was a substantial increase in the advert.
Held: The display was unlawful. At the time when the painting was replaced, it had not for many years been employed for the purposes of an advertisement. An illuminated, scrolling advertisement as shown in the photographs before the district judge, which shows in relatively short consequence two different advertisements, is very different from a non-illuminated, static, wall painting, where the paint has been applied to the brickwork direct.

Judges:

Latham LJ, SUllivan J

Citations:

[2007] EWHC 1079 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Cited – Mills and Allen Ltd v City of Glasgow SCS 1980
The sherriff court had not accepted a submission by the Council that an alteration from a painted gable wall advertising Raleigh Bicycles, to a smaller advertisement for Carlsberg Special Brew, painted onto plywood sheets which were nailed to the . .
Cited – Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth Admn 9-May-2003
Notices had been issued by the defendant local planning authority under section 11 of the 1995 Act.
Held: The notices had to be quashed for several reasons. The court considered whether there was a deemed consent: ‘It seems to me that, as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Planning

Updated: 09 September 2022; Ref: scu.252407

Jefferies and Others, Regina (on The Application of) v The Secretary of State for The Home Department and Others: Admn 29 Nov 2018

The claimants challenged the failure by the respondents to complete the Leveson Inquiry. Part 2 of the Inquiry would, among other things, involve a factual investigation into the alleged unlawful and improper conduct of the various media investigations: as put shortly, ‘who did what, to whom, when?’ It is stated by all four claimants (and is not disputed) that all accordingly gave evidence at the first stage of the Inquiry in somewhat restricted terms: it being anticipated that much fuller evidence would be given in Part 2 of the Inquiry.
Held: The claim failed. The decision was essentially a political one, and no sufficient legitimate expectation had been established.

Citations:

[2018] EWHC 3239 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Media

Updated: 09 September 2022; Ref: scu.631202

Telefonica De Espana v Commission: ECFI 11 Jul 2014

ECFI Judgment – State aid – Public Broadcasting Service – Help envisaged by Spain in favor of RTVE – Changing the financing system – Replacement of advertising revenue through new taxes on television operators and telecommunications – Decision declaring aid compatible with the internal market – Procedural rights – New aid – Amendment of existing aid scheme – Tax measures constituting the financing of aid – Existence of a link between the tax allocation necessary and help – Direct Influence of proceeds of the tax on the importance of using – Proportionality – Obligation to state reasons

Judges:

O. Czucz (Rapporteur), P

Citations:

T-151/11, [2014] EUECJ T-151/11, USA T: 2014, 631 ECLI: EU

Links:

Bailii

Jurisdiction:

European

Media

Updated: 08 September 2022; Ref: scu.534348

Infopaq International A/S v Danske Dagblades Forening: ECJ 17 Jan 2012

ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction – Acts of temporary reproduction which form an integral and essential part of such a technological process – Purpose of those acts being the lawful use of a work or protected subject-matter – Independent economic significance of those acts

Judges:

K Lenaerts, P

Citations:

C-302/10, [2012] EUECJ C-302/10, ECLI:EU:C:2012:16

Links:

Bailii

Statutes:

Directive 2001/29/EC 5(1)

Jurisdiction:

European

Citing:

Opinion – Infopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .
Judgment – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Media

Updated: 08 September 2022; Ref: scu.472727

Active Media Services Inc v Burmester, Duncker and Joly Gmbh and Co Kg and Others: ComC 9 Feb 2021

This dispute concerns the financing, completion and delivery of an animated Christmas film entitled ‘Elliot: the Littlest Reindeer’

Judges:

Mr Justice Calver

Citations:

[2021] EWHC 232 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Contract, Intellectual Property

Updated: 07 September 2022; Ref: scu.658133

Ambrosiadou v Coward: CA 12 Apr 2011

The claimant appealed against a refusal to continue an injunction restricting publication of documents filed within divorce ancillary relief proceedings.

Judges:

Lord Neuberger MR, Leveson, Pitchford LJJ

Citations:

[2011] EWCA Civ 409

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Ambrosiadou v Coward QBD 15-Jul-2010
. .

Cited by:

Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Lists of cited by and citing cases may be incomplete.

Family, Media

Updated: 06 September 2022; Ref: scu.432646

Cooper-Hohn v Hohn: FD 7 Jul 2014

The court considered the extent to which the press should be able to report an account of financial relief proceedings as they unfold on a daily basis and whether there is any restriction on their ability to do so.

Judges:

Mrs Justice Roberts

Citations:

[2014] EWHC 2314 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media

Updated: 04 September 2022; Ref: scu.535305