swarb.co.uk - law index
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: 1999 To: 1999
This page lists 32 cases, and was prepared on 02 April 2018.
Nicholls v BBC [1999] EMLR 791
1999
Media, Litigation Practice
Injunction granted to protect new identity of 'supergrass'
1 Citers
Service Corporation International plc v Channel Four Television [1999] EMLR 83
1999
ChD
Lightman J
Media, Litigation Practice, Defamation
The court considered an application for an interlocutory injunction to restrain a broadcast, based on copyright. The defendant argued that this was merely an attempt to circumvent difficulties in a defamation action. Held: Where an interim injunction in defamation would have been refused under the rule in Bonnard, it would be right to refuse such an injunction for parallel jurisdictions (in this case trespass and breach of copyright).
Lightman J said: "The plaintiffs claim that they are entitled to this relief on three grounds and I must consider each in turn. But before I do so I should consider the cause of action which is now disclaimed, and which was the initial basis of complaint, namely defamation. The reason that defamation is not and cannot be invoked is because no interlocutory injunction could be granted on this ground in view of the defendants' plain and obvious intention to plead to any such claim the defence of justification. The invocation of other causes of action is necessary if there is to be any arguable claim to an interlocutory injunction. The rule prohibiting the grant of an injunction where the claim is in defamation does not extend to claims based on other causes of action despite the fact that a claim in defamation might also have been brought, but if the claim based on some other cause of action is in reality a claim brought to protect the plaintiffs' reputation and the reliance on the other cause of action is merely a device to circumvent the rule, the overriding need to protect freedom of speech requires that the same rule be applied: : see Microdata v Rivendale [1992] FSR 681 and Gulf Oil v Page [1987] 1 Ch 327 at 334.
I have great difficulty in seeing the three alternative claims made in this case as other than attempts to circumvent the rule and to seek protection for the plaintiffs' reputation."
1 Cites
1 Citers
Regina v Winchester Crown Court ex parte P B (A Minor) Times, 08 January 1999; Gazette, 03 February 1999
8 Jan 1999
QBD
Judicial Review, Media, Children
A Crown Court judge's decision to allow naming of a youth appearing before it, was a matter for the judge's discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial.
Children and Young Persons Act 1933 39(1) - Contempt of Court Act 1981 11
Fressoz and Roire v France; ECHR 21-Jan-1999 - 29183/95; [1999] ECHR 1; (1999) 31 EHRR 28; [1997] ECHR 194
Emaco Limited, Aktiebolaget Electrolux v Dyson Appliances Ltd Times, 08 February 1999; Gazette, 17 February 1999; [1999] EWHC Patents 260
26 Jan 1999
PatC
Intellectual Property, Media
A company which was using a competitor's trade mark in the context of an advert, which made misleading and derogatory comparisons, failed the 'honest practice' test, and was abusing the rights to use the other company's mark under the Act. In this case however each party was guilty of such failures.
Trade Marks Act 1994 10(6)
1 Citers
[ Bailii ]
Osterreichische Unilever GmbH v Smithkline Beecham Markenartikel GmbH; ECJ 28-Jan-1999 - C-77/97
Regina v Radio Authority ex parte Francis Anthony Wildman [1999] EWCA Civ 739
8 Feb 1999
CA
Media
[ Bailii ]
Regina v Secretary of State for The Home Department Ex Parte Simms; HL 11-Feb-1999 - Times, 09 July 1999; Gazette, 28 July 1999; [1999] UKHL 33; [2000] 2 AC 115; [1999] 3 All ER 400; [1999] 3 WLR 328; [1999] EMLR 689; (1999) 7 BHRC 411; (1999) 2 CHRLD 359
Ahnee, Selvon and Le Mauricien Ltd v Director of Public Prosecutions [1999] UKPC 11; (Appeal No 28 of 1998)
17 Mar 1999
PC
Commonwealth, Crime, Media
PC Mauritius
PC Mauritius
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass [1999] EWHC Admin 331
21 Apr 1999
Admn
Children, Media
Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted.
Children and Young Persons Act 1933 39
1 Citers
[ Bailii ]
Regina v Director General of Telecommunications ex parte Castle Transmission International Limited [1999] EWHC Admin 369
28 Apr 1999
Admn
Licensing, Media
[ Bailii ]
Bladet Tromso and Stensaas v Norway 21980/93; (2000) 29 EHRR 125; [1999] ECHR 29
20 May 1999
ECHR
Human Rights, Media
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."
European Convention on Human Rights 10
1 Citers
[ Bailii ] - [ Bailii ]
Nottingham City Council v October Films Ltd; FD 21-May-1999 - Times, 21 May 1999; Gazette, 09 June 1999; [1999] 2 FLR 347
Nottingham City Council v October Films Ltd; FD 21-May-1999 - Times, 21 May 1999; Gazette, 09 June 1999; [1999] 2 FLR 347
Ex Parte News Group Newspapers Ltd Times, 21 May 1999
21 May 1999
CACD
Media, Criminal Practice
Counsel for the prosecution had a duty to consider and advise the court in respect of applications regarding non-reporting orders, in particular as to whether excess adverse publicity might operate to make a trial unfair and a conviction unsafe.
Contempt of Court Act 1981 4(2)
Regina v Radio Authority (ex parte Wildman) [1999] EWHC Admin 559
17 Jun 1999
Admn
Media
[ Bailii ]
Surek v Turkey (No 1); ECHR 8-Jul-1999 - [1999] ECHR 51; 26682/95; (1999) 7 BHRC 339
Regina v Broadcasting Standards Commission ex parte British Broadcasting Corporation [1999] EWHC Admin 659
9 Jul 1999
Admn
Media, Intellectual Property, Human Rights
The Corporation challenged a finding that it had infringed the privacy of a film subject of an investigation by the Watchdog programme. The corporation said that the subject, Dixons, as a corporation, had no right of privacy under Human Rights Law.
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ]
Her Majesty's Attorney-General v Guardian Newspapers Ltd; Admn 23-Jul-1999 - [1999] EWHC Admin 730; [1999] EWHC Admin 731; [1999] EMLR 905
The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited; RPC 28-Jul-1999 - Times, 18 August 1999; [2000] EMLR 78
Regina v Manchester Crown Court ex parte H and D; Admn 30-Jul-1999 - [1999] EWHC Admin 773
Regina v Secretary of State for Trade and Industry ex parte Mercury Personal Communications Limited and Mercury Personal Communications (a Firm Trading As One2One) Gazette, 27 October 1999; Times, 20 October 1999; [1999] EWCA Civ 2072; [1999] EWCA Civ 1560
6 Aug 1999
CA
Licensing, Media
It was within the Secretary of State's powers to insist that those mobile phone operators who wished to renew their licences, or bid for further licences, should first, and as a condition of so doing, accept as a precondition for such application, consent to alterations in the terms of their existing licences.
Wireless Telegraphy Act 1998
[ Bailii ] - [ Bailii ]
Pet and Complaint of Abdelbasset Ali Mohamed Al Megrahi and Al Amin Khalifa Fhima v Times Newspapers Ltd and John Witherow and Nicholas Rufford [1999] ScotHC 202
10 Aug 1999
HCJ
Lord Justice Clerk and Lord Coulsfield and Lord Caplan
Scotland, Contempt of Court, Media
1 Citers
[ Bailii ] - [ ScotC ]
In Re H, In Re D Times, 13 August 1999
13 Aug 1999
QBD
Media
The divisional court has power to review the lifting of bans on reporting of cases involving youths. The legislation is notoriously complicated, and further so because of the Human Rights Act, and needs review. In this case a re-trial was a real possibility, and despite the need for open justice, the order lifting the ban on reporting after conviction was set aside.
Children and Young Persons Act 1933 39
Detective Inspector Todd Clements v Ed Moloney; CANI 2-Sep-1999 -
Regina v Secretary of State for Trade and Industry, ex parte Mercury Personal Communications Ltd Times, 14 September 1999
14 Sep 1999
QBD
Media
The Secretary of State had misused his licensing powers under the Act to attempt to oblige the licensee to accept changes in the licence he already held. They had the right to bid at auction along wit hall others, and could not be required to agree to amendments to existing licenses as a condition of being allowed to bid.
Telecommunications Act 1984 12 13 14 15
Regina v Broadcasting Complaints Commission Ex Parte British Broadcasting Corporation Times, 14 September 1999
14 Sep 1999
QBD
Media, Administrative
A limited company has no protection under provisions designed to protect the privacy of living individuals. No complaint could be founded on a film taken secretly but in a place to which the public had access which was designed to reveal improper practice even though no such practice was revealed.
Broadcasting Act 1996
Arbeitsgemeinschaft Deutscher Rundfunkanstalten v PRO Sieben Media AG C-6/98; [1999] EUECJ C-6/98
28 Oct 1999
ECJ
European, Media
(Judgment) - Television broadcasting - Limitation on transmission time allocated to advertising
[ Bailii ]
Reynolds v Times Newspapers Ltd and others; HL 28-Oct-1999 - Times, 29 October 1999; Gazette, 25 November 1999; Gazette, 17 November 1999; [2001] 2 AC 127; [1999] UKHL 45; [1999] 4 All ER 609; [1999] 3 WLR 1010; [2000] EMLR 1; [2000] HRLR 134; 7 BHRC 289
Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2); CA 11-Nov-1999 - Times, 11 November 1999; Gazette, 25 November 1999; [2000] FSR 363; [2000] EMLR 67; [1999] EWCA Civ 3014; [1999] EWCA Civ 3018; [2000] ECDR 205
Regina v Advertising Standards Authority Ltd,ex parte Charles Robertson (Developments) Ltd Times, 26 November 1999
26 Nov 1999
QBD
Media, Judicial Review
The decision as to whether material constituted an advertisement was one for the Authority to decide, and was not reviewable unless the true and contrary conclusion opposed the Authority's finding. Articles written as a column in a newspaper the space for which was bought by the author were capable of being advertisements, and the Authority had jurisdiction to adjudicate.
The Secretary of State For Health, The Secretary Of State For Trade and Industry, H M Attorney General v Imperial Tobacco Limited etc; CA 16-Dec-1999 - Times, 17 December 1999; Gazette, 13 January 2000
