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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: 2003 To: 2003

This page lists 34 cases, and was prepared on 02 April 2018.

 
General Star International Indemnity Ltd v Stirling Cooke Brown Reinsurance Brokers Ltd and Another [2003] EWHC 3 (Comm)
17 Jan 2003
ComC

Media, Insurance

[ Bailii ]

 
 Peck v The United Kingdom; ECHR 28-Jan-2003 - Times, 03 February 2003; 44647/98; (2003) 36 EHRR 41; [2003] ECHR 44; [2003] 36 EHRR 719; [2011] ECHR 1661
 
Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited [2003] EWCA Civ 103; Gazette, 17 April 2003; [2003] Ch 650; [2003] 3 WLR 999; [2003] 2 All ER 318; [2003] EMLR 16; [2003] HRLR 18
13 Feb 2003
CA
Lord Justice Sedley Lord Justice Simon Brown Lady Justice Arden
Human Rights, Media
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to restrict publication. The court below held the test is not that of the balance of probabilities but rather that of a real prospect of success, convincingly established. Held: The judge's test was correct, and in this case, the claimant's had successfully met that test. The test is that of a "a real prospect of success, convincingly established" for the claimant at trial, and "… the judge will have to be satisfied that there is no obvious reason why the claim should not succeed"
Human Rights Act 1998 12(3)
1 Cites

1 Citers

[ Bailii ]

 
 Re S (A Child) (Identification: Restrictions on Publication); FD 19-Feb-2003 - [2003] EWHC 254 (Fam)

 
 HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others; HL 20-Feb-2003 - [2003] UKHL 6; [2003] 1 All ER Comm 349; [2003] 2 Lloyd's Law Reports 61; [2004] ICR 1708; [2003] Lloyds Rep IR 230; [2003] 1 CLC 358
 
GE Reinsurance Corporation and others v New Hampshire Insurance Company and Another [2003] EWHC 112 (Comm)
27 Feb 2003
ComC

Insurance, Media

[ Bailii ]

 
 Pippig Augenoptik GmbH and Co. KG v Hartlauer Handelsgesellschaft mbH; ECJ 8-Apr-2003 - C-44/01; [2003] EUECJ C-44/01; [2003] ECR I-3095; [2004] All ER (EC) 1156; [2004] 1 CMLR 39

 
 Douglas etc v Hello! Ltd etc; ChD 11-Apr-2003 - [2003] EWHC 786 (Ch); Times, 21 April 2003; [2003] 3 All ER 996; [2003] EMLR 31
 
Bloomsbury Publishing Plc and Another v Newsgroup Newspapers Ltd [2003] EWHC 1087 (Ch)
7 May 2003
ChD
Laddie J
Media, Intellectual Property
The claimant sought an order to restrict the defendant and other unknown defendants from publishing confidential details of the book it was about to publish from the Harry Potter series. Held: Whilst: "I think it would be preferable for the issue of John Doe orders to be the subject of mature reflection, which is not possible in an application like this, which is done at great speed and without the benefit of submissions on both sides.
Nevertheless, for the reasons that I have indicated, I do not think it is outside the court's power to grant injunctive relief against parties who are not identified by name, but who are known to exist and who will not be in any doubt that the order is directed at them.
Furthermore, if such an order is made, it seems to me it will be effective once brought to the attention, not only of the person (or persons) directly offering this stolen volume for sale, but all those, who knowing of the order, assist in attempts to sell it. "
1 Cites

[ Bailii ]
 
Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth [2003] EWHC 1224 (Admin); [2004] JPL 820
9 May 2003
Admn
Collins J
Planning, Media, Local Government
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 things stand, it is necessary to consider in relation to any particular site whether the provision of illumination does amount to a substantial alteration in the manner of the use of the site. It may or it may not, and that will depend upon the effect of the illumination in any particular case.
It is to be remembered that the approach under the Act, and under the Regulations, is that powers should be exercised only in the interests of amenity and public safety. If there is a deemed consent to an advertisement, it seems to me that it is relevant to consider, as things stand, whether the illumination does have an effect on amenity or does create a danger. If it does not in any way, it is difficult to see how it could properly be regarded within the context of the approach to construction that should be adopted of these Regulations as a substantial alteration.
It is pertinent in my judgment to have regard to the purpose behind the need for control, which is to further the interests of amenity and to avoid any danger. It may well be thought by Lambeth, and it may be perfectly reasonable so to believe, that the advertisements, even as they are, are contrary to amenity. That is a matter which may have to be considered in the future. But as the matter stands under the Regulations, there is nothing positive that could be done unless it can be established within the terms of Regulation 8 that there is a substantial effect on amenity, or a danger resulting from this. It would be right in those circumstances to consider whether the illumination creates any additional adverse effect."
London Local Authorities Act 1995 11
1 Citers

[ Bailii ]

 
 Regina v British Broadcasting Corporation ex parte Pro-life Alliance; HL 15-May-2003 - [2003] 2 WLR 1403; Times, 16 May 2003; [2003] UKHL 23; Gazette, 03 July 2003; [2004] 1 AC 185; [2003] UKHRR 758; [2003] HRLR 26; [2003] ACD 65; [2003] EMLR 23; [2003] 2 All ER 977; [2003] EMLR 23
 
Ackroyd v Mersey Care NHS Trust [2003] EWCA Civ 663; Times, 21 May 2003; Gazette, 17 July 2003; [2003] EMLR 36
16 May 2003
CA
Ward, May, Carnwath LJJ
Media, Human Rights
The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed. Held: The issues which might be put up at trial by the appellant could be different from those raised by the newspaper in the first action, and it was wrong to assume he might not have a defence. Although he might face real difficulties in defending, it would be wrong to say he did not have a real prospect of defending. The protection of journalistic sources is a fundamental of a democratic society. Appeal against summary judgment allowed.
"Protection of journalistic sources is one of the basic conditions for press freedom in a democratic society. An order for source disclosure cannot be compatible with Article 10 of the European Convention unless it is justified by an overriding requirement in the public interest. Although there is a clear public interest in preserving the confidentiality of medical records, that alone cannot, in my view, be automatically regarded as an overriding requirement without examining the facts of a particular case. It would be an exceptional case indeed if a journalist were ordered to disclose the identity of his source without the facts of his case being fully examined. I do not say that literally every journalist against whom an order for source disclosure is sought should be entitled to a trial. But the nature of the subject matter argues in favour of a trial in most cases."
1 Cites

1 Citers

[ Bailii ]
 
X, A Woman Formerly Known As Mary Bell v Stephen O'Brien, News Group Newspapers Ltd MGN Ltd [2003] EWHC QB 1101; [2003] 2 FCR 686
21 May 2003
QBD
Right Honourable Dame Elizabeth Butler-Sloss, the President of the Family Division
Media, Human Rights
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now sought continuation of that order. Held: The court has to be extremely cautious in approaching applications for lifetime anonymity under article 8. It could not be said in this case that the applicants faced threats to their lives. Nevertheless, Mary Bell still suffered mental health problems. It was impossible to separate out the life of her daughter even though an adult. The public interest had been served by full discussion of the case, and the only matters sought to be ptotected were those relating to identity. "It would be wrong for the court to find that the notoriety which may follow the commission of serious offences would of itself entitle the offender upon release from prison to injunctions based upon the interference to his private and family life caused by press intrusion. That would open the floodgates to widespread injunctions for criminals and would be contrary to the protection rightly afforded to freedom of expression . . " In this case the balance lay in favour of the grant of the injunction.
European Convention on Human Rights 8 10
1 Cites

1 Citers

[ Bailii ]
 
Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records) [2003] EWCh 1274 (Ch); Times, 12 June 2003
23 May 2003
ChD
The Honourable Mr Justice Lewison
Contract, Media, Intellectual Property, Estoppel
An agreement was made for the assignment of the copyright in a music track, but it remained 'subject to contract'. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long form contract, but the deal memo's and contract are not of a standard form. The circumstances are not so strong and exceptional as to displace the conventional meaning of the phrase "subject to contract". The burden was on the Defendant to establish any custom or usage within the industry to the effect that "subject to contract" does not bear the meaning it bears in normal legal usage. That burden was not discharged. The fact that a party to an agreement "subject to contract" acts on the faith of that agreement does not raise any estoppel as to the existence of a binding contract. In this case there had been representations and acts in reliance upon those expectations. An estoppel was created, and a contract concluded. There was accordingly no action for copyright infringement.
The claimant also sought damages for the derogatory treatment of his work. That was claimable only if his reputation was damaged. The court had the faintly surreal experience of three gentlemen in horsehair wigs examining the meaning of such phrases as "mish mish man" and "shizzle (or sizzle) my nizzle", but there was no evidence of the author's reputation or damage to it.
Copyright Designs and Patents Act 1988 80 97(2)
1 Cites

[ Bailii ]
 
Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others [2003] EWHC 1205 (Ch); Gazette, 17 July 2003; Times, 05 June 2003; [2003] 1 WLR 1633
23 May 2003
ChD
The Vice-Chancellor, Sir Andrew Morritt
Litigation Practice, Media
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person. Held: The court was able to make the order sought against persons unknown. There were valid distinctions between different classifications of such persons, but the requirement was that the description used must be sufficiently certain as to identify both those who are included and those who are not. If that test is satisfied then it does not matter that the description may apply to no one or to more than one person nor that there is no further element of subsequent identification whether by service or otherwise.
1 Cites

1 Citers

[ Bailii ]
 
Regina (British Broadcasting Corporation) v Central Arbitration Committee Times, 12 June 2003
6 Jun 2003
QBD
Moses J
Employment, Media
The claimants were wildlife cameramen working for the respondent. They sought bargaining rights for their trade Union. The Committee decided that since they were not regulated by any disciplinary committee or body, they were not professionals, and therefore were workers, and their union was entitled to the recognition requested. The respondent appealed. Held: The test applied by the committee, as to whether they were regulated by a body with disciplinary powers was not justified in any statute or law, and was incorrect. Case remitted.
Trade Union and Labour Relations (Consolidation) Act 1992 296(1)(b) Sch A1 - Employment Relations Act 1999

 
Regina (on the Application of Ellis) v The Chief Constable of Essex Police [2003] EWHC 1321 (Admin); Times, 17 June 2003; Gazette, 10 July 2003
12 Jun 2003
Admn
Mr Justice Goldring The Lord Chief Justice Of England &Amp; Wales
Police, Information, Media
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on his release, and it might affect his children and wife. Held: The court made no declaration. The scheme might be administered in a way which was lawful. It would be necessary to view each instance of the scheme in the light of the circumstances of each case.
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Pedersen and Baadsgaard v Denmark 49017/99; [2003] ECHR 306
19 Jun 2003
ECHR

Human Rights, Media
Hudoc No violation of Art. 6-1 ; No violation of Art. 10
1 Citers

[ Bailii ] - [ Bailii ]
 
Christopher Evans v SMG Television Limited etc [2003] EWHC 1423 (Ch)
26 Jun 2003
ChD
Mr Justice Lightman
Media, Company, Employment
The claimant had a series of agreements with the respondents. He had worked as radio presenter, having sold the radio station to the respondents. He was later dismissed and now sought damages for wrongful dismissal and breach of a partnership agreement. The defendants alleged he had breached the contracts inter alia by his failure to attend to business. Held: The claimant was severely criticised in his character and behaviour. His breaches of the contract were such as to justify the defendants treating his behaviour as repudiatory, and to reject offers to comply with the contracts in future as empty. The judge criticised the refusal of the parties to mitigate the costs of such actions.
1 Cites

[ Bailii ]

 
 Regina v Her Majesty's Attorney General ex parte Rusbridger and Another; HL 26-Jun-2003 - [2003] UKHL 38; Times, 27 June 2003; [2004] 1 AC 357
 
Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v the Competition Commission, the Director-General of Telecommunications [2003] EWHC 1555 (Admin)
27 Jun 2003
Admn
The Honourable Mr Justice Moses
Licensing, Media
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile phone users. They were being asked to subsidise such users. There was some social purpose in encouraging mobile phone use, but the policy of limiting such termination fees was not unreasonable. The power to control such charges arose when an operator came to enjoy a position equivalent to dominance, and even on those not so designated. The Commission’s and the Director’s interpretation of Section 3(1)(a) was not unlawful; a broad interpretation, including concepts of equity and fairness was legitimate.
Directive 2002/19 - Directive 2002/20 - Directive 2002/21 - Telecommunications Act 1984 3
1 Cites

[ Bailii ]
 
S (A Child), Re [2003] EWCA Civ 963
10 Jul 2003
CA
Lord Phillips Of Worth Matravers, Lady Justice Hale And Lord Justice Latham
Children, Media, Human Rights
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 trial. Held: (Hale LJ dissenting) The court in this case was not making a decision which involved the child's upbringing, and nor was the child directly involved in the case at issue. The court was being invited to exercise its protective jurisdiction. It is not a case in which the child's interests were by law paramount, as against the interests of freedom of the press.
Children and Young Persons Act 1933 39 - European Convention on Human Rights 6 8 10
1 Cites

[ Bailii ]
 
In re S (A Child) (Identification: Restrictions on Publication) Times, 21 July 2003; [2003] EWCA Civ 963; Gazette, 11 September 2003; [2003] 2 FLR 1253; [2003] 3 WLR 1425
10 Jul 2003
CA
Lady Justice Hale (dissenting), Lord Justice Latham Lord Phillips Of Worth Matravers, Mr
Children, Media, Human Rights
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the care of this child, and therefore the child's interests were not paramount. The court had three jurisdiction as identified in Kelly. The welfare of the child could affect determination of factual issues. The court was not, in this case, exercising any jursidiction over the care of the child. The authorities had not been all one way, and the court was being asked to exercise a new jurisdiction. Although nothing would be published directly about the child, this was not a case where his connection was distant enough to preserve his identity from being known. On the other side of the balance was the need at common law and in human rights law, for freedom of speech and of the press. The High Court has jurisdiction to make orders binding on a criminal court, but these powers could be exercised only sparingly. Lady Hale's analysis of the law was accepted by the other judge's but they differed as to the conclusion in this case and the judge's order declining to make an order to protect the child's identity was upheld.
Children and Young Persons Act 1933 39
1 Cites

1 Citers



 
 Murphy v Ireland; ECHR 10-Jul-2003 - 44179/98; [2003] ECHR 352; (2003) 38 EHRR 212; (2004) 38 EHRR 13
 
Sarah Lloyd Jones and others v T Mobile (Uk) Ltd [2003] EWCA Civ 1162; Times, 10 September 2003; Gazette, 16 October 2003
31 Jul 2003
CA
Lord Justice Brooke Mr Justice Holman Lord Justice Kennedy
Media, Planning
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal not the high court.
Telecommunications Act 1984 - Access to Justice Act 1999 (Destination of Appeals) Order 2000
1 Cites

[ Bailii ]
 
D v L [2004] EMLR 1; [2003] EWCA Civ 1169
31 Jul 2003
CA
Waller LJ, Phillips of Worth Matravers LJ MR, carnwath LJ
Media, Information
L and D lived together. Fearing the breakdown of the relationship, L used a voice activated recorder to record their conversations. D sought an order to restrain their publication after elements appeared in national newspapers. The court also considered the particular status of improperly taken photographs. Held: Walker LJ said: "A court may restrain the publication of an improperly obtained photograph even if the taker is free to describe the information which the photographer provides or even if the information revealed by the photograph is in the public domain. It is no answer to the claim to restrain the publication of an improperly obtained photograph that the information portrayed by the photograph is already available in the public domain."
1 Citers

[ Bailii ]
 
Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP Times, 13 October 2003; [2003] EWHC 2408 (Admin)
6 Oct 2003
QBD
Brooke LJ, Sullivan J
Criminal Practice, Media, Crime
The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18. Held: Denying the appeal. The balance between the freedom of the press and the protection of youths had to be maintained properly. Once the purpose of the protection had passed, it should not be applied. The purpose of the legislation was not to protect the interests of young persons after they ceased to be young persons.
Children and Young Persons Act 1933 39
1 Citers

[ Bailii ]
 
Scharsach and News Verlagsgesellschaft v Austria 39394/98; [2003] ECHR 596; (2000) 31 EHRR 246; (2005) 40 EHRR 22
13 Nov 2003
ECHR

Human Rights, Media
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award (second applicant) ; Non-pecuniary damage - financial award (first applicant) ; Non-pecuniary damage - finding of violation sufficient (second applicant) ; Costs and expenses partial award (domestic proceedings) ; Costs and expenses partial award (Convention proceedings)
The Court held that the use of the term "closet Nazi" was justified as a value judgment for which there was a sufficient factual basis notwithstanding its special stigma: "The Court recalls that it is not for the Court, or for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists. Article 10 protects not only the substance of ideas and information but also the form in which they are conveyed."
European Comvention on Human Rigts 8
1 Citers

[ Bailii ] - [ Bailii ]

 
 Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others; CA 21-Nov-2003 - [2003] EWCA Civ 1669; [2004] 1 CLC 401
 
A, Regina (on the Application Of) v Home Secretary [2003] EWHC 2846 (Admin)
27 Nov 2003
Admn

Media, Prisons, Immigration

[ Bailii ]

 
 In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A; FD 27-Nov-2003 - [2003] EWHC Fam 2746; Times, 05 December 2003; Gazette, 22 January 2004; [2004] EWHC 2746 (Fam); [2004] Fam 96; [2004] Fam Law 179; [2004] 1 FCR 113; [2004] 1 All ER 480; [2004] 2 WLR 926; (2004) 7 CCL Rep 426; (2004) 76 BMLR 210; [2004] BLGR 117; [2004] 1 FLR 541
 
Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers [2003] EWHC 2927 (Fam); [2004] 1 FCR 30; [2004] 2 FLR 949; [2004] EMLR 8
2 Dec 2003
FD
Munby J
Children, Media, Human Rights
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. Angela Roddy said that she had 'Gillick capacity' and that her views were therefore determinative notwithstanding that in law she was still a child. Held: Munby J said: "Angela, in my judgment, is of an age, and has sufficient understanding and maturity, to decide for herself whether that which is private, personal and intimate should remain private or whether it should be shared with the whole world. The decision is for Angela: it is not for her parents, the local authority or the court." and
"Article 8 embraces both the right to maintain one’s privacy and, if this is what one prefers, not merely the right to waive that privacy but also the right to share what would otherwise be private with others or, indeed, with the world at large. So the right to communicate one’s story to one’s fellow beings is protected not merely by Article 10 but also by Article 8." and "A child is, of course, as much entitled to the protection of the European Convention - and specifically of Arts 8 and 10 - as anyone else. But . . the personal autonomy guaranteed by Art 8 (and, I would add, by Art 10) is necessarily somewhat qualified in the case of a child. For, depending on the circumstances, decision-making power may rest not with the child but with the child's parents or even with the court."
European Convention on Human Rights 8
1 Citers

[ Bailii ]
 
Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another [2003] EWHC 3160 (Admin); Times, 02 January 2004
19 Dec 2003
Admn
Maurice Kay, J
Prisons, Media, Human Rights
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner's rights. The materials were not privileged, but were intended for publication contrary to the standing orders. A restriction on freedom of speech had to be necessary in pursuance of a pressing social need, and that connoted something beyond 'useful, reasonable or desirable' The elements supported by the rules were not limited to good order and discipline within the prison system. There was no special position enjoyed by an autobiography over other works. The respondent had clearly carried out a proportionality assessment, and the response was proportional and rational. Despite the existence of other copies it was not futile to seek still to control futher dissemination of this material.
European Convention on Human Rights 10 - Prison Act 1952 47(1) - Prisons Rules 1999 (1999 No 728)
1 Cites

1 Citers

[ Bailii ]
 
Telewest Communications Plc v The Commissioners of Customs and Excise [2003] EWHC 3176 (Ch)
19 Dec 2003
ChD
The Hon Mr Justice Ferris
VAT, Media

1 Citers

[ Bailii ]
 
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