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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Media - From: 1998 To: 1998

This page lists 29 cases, and was prepared on 02 April 2018.


 
 Regina v London North Industrial Tribunal, ex parte Associated Newspapers Ltd; 1998 - [1998] ICR 1212
 
Forbes v Smith and Another Times, 14 January 1998
14 Jan 1998
ChD

Administrative, Media
Court judgments are public, not secret documents; A direction that a judgment was not to be reported, was insufficient to prevent publicity.

 
Alan Kenneth McKenzie Clark v Associated Newspapers Ltd Times, 28 January 1998; Gazette, 18 February 1998; [1998] EWHC Patents 345; [1998] 1 WLR 1558
21 Jan 1998
PatC
Lightman J
Intellectual Property, Media
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off. Held: The first issue was whether a substantial number of readers had been misled. The deception must be more than momentary and inconsequential. A parody of writing style was capable of constituting the tort of passing off and being a breach of Copyright Act rights even though there was a clear attribution. Here the evidence supported the fact that the parody, which relied upon creating just enough, but not too much confusion, had crossed the line. It was sufficient to establish that one of the possible reasonable meanings of the publication would mislead a substantial number of people; but a single meaning was required for the statutory tort of false attribution of authorship.
Copyright Designs and Patents Act 1988 84
1 Cites

1 Citers

[ Bailii ]
 
Regina v Radio Authority, ex parte Wildman [1998] EWHC Admin 90
28 Jan 1998
Admn

Media

[ Bailii ]

 
 Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc; CA 12-Feb-1998 - Times, 13 February 1998; Gazette, 16 April 1998; [1998] EWCA Civ 224; [1998] 1 WLR 1056; [1998] 2 All ER 673
 
Morford; Paul Bowling; James Morford Limited; Hanslope Limited v; NIC Rigby and East Anglian Daily Times Co Ltd [1998] EWCA Civ 263
17 Feb 1998
CA

Media

[ Bailii ]
 
Regina v Brentwood Borough Council Ex Parte Peck [1998] EWCA Civ 296
19 Feb 1998
CA

Local Government, Media

1 Cites

[ Bailii ]
 
Kirk Brandon v (L) George O'Dowd (Professionally Known As Boy George); Sidgwick and Jackson Ltd; Virgin Records Ltd and EMI Virgin Music Ltd [1998] EWCA Civ 459; [1998] EWCA Civ 991
13 Mar 1998
CA

Media, Contract

[ Bailii ] - [ Bailii ]

 
 Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB; CA 18-Mar-1998 - Times, 23 March 1998; Gazette, 29 April 1998; [1998] EWCA Civ 486; [1999] QB 396; [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57
 
Brown v Director of Public Prosecutions Times, 26 March 1998
26 Mar 1998
QBD

Media
Managing director having sole control of publishing company was liable as principal for disclosure by newspaper of name of rape complainant.
Criminal Justice Act 1976 4

 
Aubry v Editions Vice-Versa Inc [1998] 1 SCR 591; (1998), 157 DLR (4th) 577; 78 CPR (3d) 289; (1998) 50 CRR (2d) 225
9 Apr 1998


Commonwealth, Media
(Supreme Court of Canada) Publication in a magazine of an unauthorised photograph of a 17 year old girl sitting on the steps of a public building had violated her right to respect for private life conferred under Article 5 of the 'Quebec Charter' of Human Rights and Freedoms.
1 Citers

[ Canlii ]
 
Queen v Radio Authority ex parte Francis Wildman [1998] EWCA Civ 694
23 Apr 1998
CA

Media

[ Bailii ]
 
Brown (Gordon) v Director of Public Prosecutions Gazette, 29 April 1998
29 Apr 1998
QBD

Media
A managing director having sole control of a publishing company was liable as a principal for disclosure by his newspaper of the name of a rape complainant.
Criminal Justice Act 1976 4

 
Regina v London (North) Industrial Tribunal Ex Parte Associated Newspapers Ltd Gazette, 14 October 1998; Times, 13 May 1998; (1998) IRLR 569
13 May 1998
QBD

Media, Employment
A tribunal had erred in ordering that names of both complainant and respondent and of witnesses should be protected in a sexual harassment case. The power only exists in respect of the complainant and a 'person affected'. This group should not be extended. The imposition of general reporting restrictions on a sex discrimination case went beyond range of what was needed to protect the interests identified in the regulations to protect a someone not a party to the proceedings.
Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) 14


 
 General Medical Council v British Broadcasting Corporation; CA 10-Jun-1998 - Gazette, 24 June 1998; Times, 11 June 1998; [1998] EWCA Civ 949
 
Bunn v British Broadcasting Corporation and Another Gazette, 15 July 1998; Times, 23 June 1998
23 Jun 1998
ChD

Media, Police
A police interview under caution was confidential and was not to be reported in breach of that right of confidence, but the confidentiality was lost when the judge read the interview transcript in open court

 
Regina v Secretary of State for Health; Scientific Committee for Tobacco and Health ex parte Imperial Tobacco Limited and Others [1998] EWHC Admin 712
6 Jul 1998
Admn

European, Media, Health

1 Citers


 
Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow Times, 09 July 1998; Gazette, 26 August 1998; Gazette, 07 October 1998; [1998] 3 All ER 961; [1998] EWCA Civ 1172; [1998] 3 WLR 862
8 Jul 1998
CA
Lord Bingham of Cornhill LCJ, Hirst LJ, Robert Walker LJ
Defamation, Media
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a duty to publish, a proper public interest in hearing the allegations and proper reporting procedures (even though the allegations might be false). The court set clearer guidelines for the characteristics of the defence of qualified privilege in defamation actions. The statements must be made honestly, under a legal social or moral duty, satisfying a proper public interest, and the material must warrant protection.
European Convention on Human Rights
1 Cites

1 Citers

[ Bailii ]

 
 Norowzian v Arks Limited and Others; ChD 17-Jul-1998 - Times, 27 July 1998; Gazette, 16 September 1998; [1999] EMLR 67; [1998] EWHC 315 (Ch); [1999] FSR 79
 
O'Brien v Croydon London Borough Council Times, 27 July 1998
27 Jul 1998
QBD

Planning, Media
A notice requiring discontinuance of an advertisement should be served on the company whose products were being advertised as the advertiser as well as the owner of the site. Failure to do so did not however vitiate prosecution where no prejudice was suffered.
Town and Country Planning (Control of Advertisements) Regulations 1992 (1992 No 666)

 
Attorney-General v Birmingham Post and Mail Ltd Times, 31 August 1998; Gazette, 30 September 1998; [1998] EWHC Admin 769; [1999] 1 WLR 361; [1999] EMLR 39; [1998] 4 All ER 49
31 Aug 1998
QBD
Simon Brown LJ, Thomas J
Contempt of Court, Criminal Practice, Media
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 liability rules did not help. Simon Brown LJ said: "It seems to me necessarily to follow . . that one and the same publication may well constitute a contempt and yet, even though not substantially mitigated in its effect by a temporary stay and/or change of venue, not so prejudice the trial as to undermine the safety of any subsequent conviction. To my mind that can only be because section 2(2) postulates a lesser degree of prejudice than is required to make good an appeal against conviction…In short section 2(2) is designed to avoid (and where necessary punish) publications even if they merely risk prejudicing proceedings, whereas a stay will generally only be granted where it is recognised that any subsequent conviction would otherwise be imperilled, and a conviction will only be set aside…if it is actually unsafe."
As to the case of Unger, Simon Brown LJ said: "I still think that to create a seriously arguable ground of appeal is a sufficient basis for finding strict liability contempt. Clearly it is a relevant consideration too that when a judge at first instance is deciding whether or not to grant a temporary stay. But more particularly the trial judge will ask himself: "is there a real danger that the jury cannot reach a just verdict, or the defendant have a fair trial?" The judge will have to form a view as to just how seriously prejudicial the publication is, to what extent it can be mitigated by special directions, how desirable it is to avert a possible risk of a successful appeal on that ground, and how inconvenient and costly in the particular circumstances a stay would be (depending in large part no doubt on how far into the trial the problem arises)."
Contempt of Court Act 1981 2(2)
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Marylebone Magistrates Court and Another ex parte Amdrell Ltd T/S 'Get Stuffed' and Others; QBD 17-Sep-1998 - Times, 17 September 1998

 
 ex parte Guardian Newspapers Ltd; CACD 30-Sep-1998 - Times, 09 October 1998; Gazette, 14 October 1998; [1998] EWCA Crim 2670; [1999] 1 Cr App R 284; [1999] 1 WLR 2130
 
Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited Times, 22 October 1998; [1998] EWHC Admin 974
16 Oct 1998
Admn

Criminal Practice, Media
A Scottish search warrant was executable in England since it counted as a summary act under repealed legislation, though was also subject to the protection in England against searches of journalist's materials.
Criminal Procedure (Scotland) Act 1995 - Police and Criminal Evidence Act 1984
1 Cites

[ Bailii ]
 
Regina v Central Criminal Court Ex Parte Simpkins; Regina v Same Ex Parte Plummer Times, 26 October 1998; [1998] EWHC Admin 970
16 Oct 1998
Admn

Media, Criminal Practice, Children
The test of whether an order should be made lifting the restriction on the naming of youths in criminal proceedings is whether there are good reasons for naming them. There is no requirement for 'rare and exceptional' qualification. Here no direct harm would be caused.
Children and Young Persons Act 1933 39 44
[ Bailii ]
 
Gaddafi v Telegraph Group Ltd [1998] EWCA Civ 1626; [1998] EWCA Civ 1626
28 Oct 1998
CA
Lord Justice Stuart-Smith Lord Justice Hirst And Lord Justice Tuckey
Defamation, Media, Human Rights
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because of the claimant's involvement in politics? The newspaper claimed that, when claiming privilege, it was proper to hide the identity of the sources of information upon which the claim was based. Held: A claim of qualified privilege required a social duty to publish, that those receiving the information had a proper interest in receiving it, and where the nature, status and source of the material, and the circumstances of the publication such as to justify a privilege. An order requiring disclosure of the sources would severely risk press freedom, and was not justified. Appeal and cross appeal s allowed in part.
Contempt of Court Act 1981 10
1 Cites

[ Bailii ]

 
 In Re G (Minors) (Celebrities: Publicity); CA 4-Nov-1998 - Gazette, 04 November 1998; Times, 28 October 1998; [1999] 1 FLR 409
 
Regina v Independent Television Commission ex parte Flextech Plc and others and Sci-Fi Channel Europe Llc Times, 27 November 1998; [1998] EWHC Admin 1050
6 Nov 1998
QBD
Maurice Kay J
Media
The ITC has the power to prevent agreements inconsistent with fair competition. It had been right to prevent the supply of channels only as part of bundled package with no a la carte choice. Minimum packages sold through retailers could be prohibited.
Broadcasting Act 1990 2(2)
[ Bailii ]
 
Regina v Secretary of State for Health and Social Security and Secretary of State for Trade and Industry ex parte Imperial Tobacco Limited [1998] EWHC Admin 1139; [1998] EWHC Admin 1140
16 Dec 1998
Admn

European, Media, Health

[ Bailii ] - [ Bailii ]
 
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