Tag: Media

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 hospital should be anonymised.
Held: The Court rejected the application for anonymity, but ordered it to be retained pending an appeal.
Cranston J said: ‘previous proceedings about this claimant are publicly available and I cannot see the justification for anonymity: the public have a right to know what I have decided about his claim for judicial review: R (M) v Parole Board [2013] EWHC 1360 (Admin), [2013] EMLR 23, paras 47-49. However, Dr H has written requesting that the hospital’s identity and that of the staff be concealed, to protect both the claimant and the other patients from potential intrusion. That is a reasonable request and there be an order of anonymity to that extent.’

Judges:

Cranston J

Citations:

[2014] EWHC 167 (Admin)

Jurisdiction:

England and Wales

Citing:

See Also – 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 by:

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

Prisons, Media

Updated: 09 December 2022; Ref: scu.606370

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible
Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to a confidential letter that had been sent to a third party by a tribunal of inquiry set up to investigate alleged corruption. The tribunal ordered the applicants to produce and hand over the documents on which the article was based, but the second applicant replied that they had been destroyed to protect the newspaper’s sources. The tribunal then brought proceedings in the Irish courts for orders compelling the applicants to comply with the tribunal’s order and to appear before the tribunal to answer its questions concerning the source and whereabouts of the documents. Although the Supreme Court ultimately found in the applicants’ favour, it nevertheless ordered them to pay the costs of the proceedings on the grounds that by deliberately destroying the evidence they had deprived the courts of any power to give effect to the tribunal’s order.
In their application to the European Court, the applicants complained that the costs award had interfered with their right to protect their journalistic sources.
Law – Article 10: The Supreme Court’s ruling on costs was not to be characterised as an interference with the applicants’ right to protect the secrecy of their journalistic sources. The issue whether the tribunal had an interest in ascertaining the source of the leak would have involved the balancing of competing public interests and was for the domestic courts to resolve in the first place, guided by the relevant Convention case-law. The domestic courts would have been in a position to do so had the applicants not destroyed the documents. Where competing public interests were in issue, the correct course would have been to allow for a proper judicial determination of the matter in its entirety. Permitting the High Court, and subsequently the Supreme Court, to adjudicate the matter in full would have been fully consonant not only with Article 10, but also with the rule of law, a fundamental principle of the Convention as a whole.
The course of action adopted by the applicants in the instant case was not a legitimate exercise of their right under Article 10 to refuse to disclose their source. The protection of the courts had been available to them in order to vindicate their rights. The Convention did not confer on individuals the right to take upon themselves a role properly reserved to the courts. As the domestic courts had underscored, this was, effectively, what the applicants had done through the deliberate destruction of the very documents that were at the core of the Tribunal’s inquiry.
The Court did not accept that the order for costs was liable to have a chilling effect on freedom of expression. As a general principle, costs were a matter for the discretion of the domestic courts. Furthermore, the order for costs in the circumstances of the applicants’ case could have no impact on public interest journalists who vehemently protected their sources yet recognised and respected the rule of law. The Court could discern nothing in the costs ruling to restrict publication of a public interest story, to compel disclosure of sources or to interfere in any other way with the work of journalism. What the ruling signified was that all persons must respect the role of the courts, and that nobody, journalists included, could usurp the judicial function. The true purport of the Supreme Court’s ruling was to signal that no party was above the law or beyond the lawful jurisdiction of the courts.
Conclusion: inadmissible (manifestly ill-founded).

Citations:

29804/10 – Legal Summary, [2014] ECHR 1284

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Human Rights, Media

Updated: 04 December 2022; Ref: scu.538919

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act.
Held: It was common ground that neither the Civil nor the Criminal Procedure Rules contain any provisions governing an application under section 9 and schedule 1 of PACE. Paragraph 7 of schedule 1 requires the hearing to be conducted inter partes, but apart from that the only procedural requirement is that they be conducted in accordance with common law principles of fairness and the requirements of Article 6 of the ECHR.
The procedure adopted in this case was unlawful: ‘there was a failure to observe a fundamental principle of law bearing directly on the fairness of the proceedings, a matter which the court should be very slow to condone. Moreover, however carefully the judge considered the secret evidence, that can be no substitute for allowing B Sky B to challenge it, for the reasons given by Lord Kerr in Al Rawi.’

Judges:

Moore-Bick LJ, Bean J

Citations:

[2011] EWHC 3451 (Admin), [2012] 3 WLR 78, 2012 GWD 21-432, 2012 SCL 635, 2012 SCCR 562, [2012] 4 All ER 600, [2012] QB 785, [2012] HRLR 24

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 1

Jurisdiction:

England and Wales

Citing:

Cited – Malik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger QBD 21-Jul-2000
An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he . .

Cited by:

Appeal from – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Magistrates, Human Rights, Natural Justice

Updated: 04 December 2022; Ref: scu.459730

Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. Freedom of expression is as much a sinew of the common law as it is of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Laws J said: ‘If a private individual will not be restrained from expressing his opinion save on pressing grounds I see no reason why a public body having a duty, other things being equal, to express its opinion should be subject to any less rigid rules. It seems to me that the case is, if anything, analogous to one where an administrative body has an adjudicative function and in the course of its duties publishes a ruling criticising some affected person and the ruling is later disturbed or reversed by an appropriate appellate process. There are many such instances and many of them involve the criticism of members of the public, corporate or natural.
I do not know of an instance in which a public body of that kind would fall to be restrained from carrying out what is no more nor less than its ordinary, but important, everyday duties simply upon the grounds that the intended publication contains material which is subject to legal challenge as being vitiated by some error of law. If the application for judicial review here is successful I cannot think but that there are ample means at the applicant’s disposal to correct any adverse impression which what, ex hypothesi, would be an unlawful report may have given to the public. Indeed, though it has not been canvassed in argument, I know of no reason why the fact that they have obtained leave should not itself be disseminated if they wish to take any steps in that direction since this is an attempt to prevent the public and indeed, in fairness to the applicant, its fellow advertisers and others in the trade to which it belongs from seeing that the authority has reached those conclusions. I do not consider that the effects of that publication are damaging to the applicant in a manner which would be so irreparable, so past recall as to amount to a pressing ground, in the language of Strasbourg, a pressing social need, to restrain this public body from carrying out its function in the ordinary way.’

Judges:

Laws J

Citations:

Gazette 09-Dec-1992, [1992] 1 WLR 1289, [1993] 2 All ER 202

Jurisdiction:

England and Wales

Cited by:

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 – Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited Admn 8-Aug-1997
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent . .
Cited – Debt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd Admn 15-May-2007
The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant. . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Media, Human Rights

Updated: 01 December 2022; Ref: scu.86039

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in public disorder in Londonderry was part of a police campaign known as ‘Operation Exposure’ which was designed to counteract sectarian rioting at what are called ‘interface areas’ in parts of Derry. Interface areas are situated at the boundaries of parts of the city which are predominantly inhabited by one or other of the two main communities.
The appellant argues that publication of photographs of him constituted a violation of his article 8 rights. ‘
Held: The appeal failed. The publication of his photograph was not an infringement of the applicant’s human rights.
There was, per Lords Kerr and Wilson, in interference in his rights, but that interference was proportionate and justified.
Lords Toulson, Clarke, and Hodge did not think that there had been an interference with the appellant’s human rights, because in the circumstances there had been no expectation of privacy.
Lord Toulson JSC said: ‘ In Campbell’s case Lord Nicholls of Birkenhead said at para 21 that ‘Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy’. He also warned that courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Applying Campbell’s case, Sir Anthony Clarke MR said in Murray’s case at para 35 that ‘The first question is whether there is a reasonable expectation of privacy’. He said at para 36 that the question is a broad one which takes account of all the circumstances of the case, including the attributes of the claimant, the nature of the activity in which the claimant was involved, the place at which it was happening, and the nature and purpose of the intrusion. The principled reason for the ‘touchstone’ is that it focuses on the sensibilities of a reasonable person in the position of the person who is the subject of the conduct complained about in considering whether the conduct falls within the sphere of article 8 . If there could be no reasonable expectation of privacy, or legitimate expectation of protection, it is hard to see how there could nevertheless be a lack of respect for their article 8 rights.”

Judges:

Lord Kerr, Lord Clarke, Lord Wilson, Lord Toulson, Lord Hodge

Citations:

[2015] HRLR 13, [2015] UKSC 42, [2015] WLR(D) 280, [2016] AC 1131, [2015] 3 WLR 155, [2015] EMLR 25, [2015] 4 All ER 90, UKSC 2013/0181

Links:

Bailii, WLRD, SC, SC Summary, Bailii Summary

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Northern Ireland

Citing:

Appeal from – JR 38, Re Judicial Review QBNI 21-Mar-2013
Application for judicial review of a decision by the PSNI to release to local newspapers for publication images of persons suspected of being involved in sectarian rioting and violent offending at an interface area at Fountain Street/Bishop Street . .
Cited – X v Iceland ECHR 18-May-1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Cited – Rotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
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 – Sidabras And Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers complained that they were banned, not only from public sector employment, but also from many private sector posts. This ‘affected [their] ability to develop relationships with the outside world to a very significant degree, and . .
Cited – Sciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
Cited – Cemalettin Canli v Turkey ECHR 18-Nov-2008
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. . .
Cited – Reklos and Davourlis v Greece ECHR 15-Jan-2009
(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request . .
Cited – Wood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .

Cited by:

Cited – Weller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
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 – ZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights, Family

Updated: 23 November 2022; Ref: scu.549907

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a half years old. A was an elected councillor and likely to be well known in the local community. The magistrates refused to make an order anonymising the case being not convinced that any damage would flow for the child.
Held: Section 39 of the CYP Act engages important, and competing, principles, namely, on the one hand, the private and family life of a child, and the best interests of that child, and, on the other hand, the freedom of the media to publish, and of the public to receive, information or comment, and the requirements of open justice.

Judges:

Picthford lJ, Kenneth Parker J

Citations:

[2013] EWHC 659 (Admin), [2013] WLR(D) 177, [2014] 1 WLR 1489, [2013] EMLR 20, [2013] Crim LR 763, (2013) 177 JP 377, 177 JP 377

Links:

Bailii, WLRD

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 8 10

Citing:

Cited – A Child v Cambridge University Hospitals NHS Foundation Trust QBD 4-Mar-2011
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings.
Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these . .
Cited – ex parte Godwin CA 1992
An order had been made to include provision that ‘the names and addresses of the defendants shall . . not be revealed or published’. The court was now asked whether a criminal court had power under section 39 of the CYP Act to prohibit in terms the . .
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
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 – 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 – 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, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Human Rights

Updated: 14 November 2022; Ref: scu.472037

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.

Judges:

Lord Woolf M.R., Millett and Mummery L.JJ

Citations:

Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Attorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:

Cited – Arklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Employment

Updated: 13 November 2022; Ref: scu.180885

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed.

Citations:

39315/06 – HEJUD, [2012] ECHR 1965

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Police

Updated: 06 November 2022; Ref: scu.465974

Attorney-General v Newspaper Publishing Plc and Others: CA 2 May 1997

A third party was in contempt of court if the proceedings had been significantly, and adversely, affected. It was not necessary that they had been frustrated entirely.
‘The law of contempt is of ancient origin yet of fundamental contemporary importance . . Essentially a creature of common law, contempt has been and continues to be developed and adapted to meet continuing challenges to the ‘supremacy of the law’. One result of this continuing development and concern to protect the many facets of the administration of justice is that there are many forms of contempt’.

Judges:

Lord Bingham of Cornhill CJ

Citations:

Times 02-May-1997, [1998] Ch 333, [1997] 1 WLR 927

Jurisdiction:

England and Wales

Cited by:

Cited – Attorney General v Fraill and Another CACD 16-Jun-2011
Juror’s use of Facebook was contempt
The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet.
Held: Both juror and defendant in the trial had committed contempt of . .
Cited – Hutcheson v Popdog Ltd and Another CA 19-Dec-2011
The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher.
Held: Leave to appeal was . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 05 November 2022; Ref: scu.77990

AAA v Associated Newspapers Ltd: QBD 25 Jul 2012

The claimant child sought damages and an injunction from and against the defendant newspapers, alleging harassment and breach of her privacy. At times there had been as many as ten reporters encamped outside her house.

Judges:

Nicola Davies J

Citations:

[2012] EWHC 2103 (QB), [2013] EMLR 2

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, European Convention on Human Rights

Cited by:

Principal judgment – AAA v Associated Newspapers Ltd QBD 31-Jul-2012
. .
Appeal from – AAA v Associated Newspapers Ltd CA 20-May-2013
An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private . .
Lists of cited by and citing cases may be incomplete.

Media, Torts – Other

Updated: 04 November 2022; Ref: scu.463284

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

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

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

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

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

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

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

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

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

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

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

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

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

Telefonica Moviles Espana (Freedom To Provide Services): ECJ 10 Mar 2011

ECJ Telecommunication services – Directive 97/13/EC – General authorisations and individual licences – Fees and charges applicable to undertakings holding individual licences – Article 11(2) – Interpretation – National legislation which does not allocate any special use to a fee – Increase in the fee for digital systems, but no change in the fee for first generation analogue systems – Compatibility.

Citations:

C-85/10, [2011] EUECJ C-85/10

Links:

Bailii

Jurisdiction:

European

Media

Updated: 04 September 2022; Ref: scu.430727

Commission v Belgium C-134/10: ECJ 3 Mar 2011

ECJ (Freedom To Provide Services) Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 31 – Criteria for awarding ‘must-carry’ status – General interest objectives permitting the award of that status – Impact of the number of end-users of communications networks on the award of that status – Principle of proportionality.

Citations:

[2011] EUECJ C-134/10

Links:

Bailii

Statutes:

Directive 2002/22/EC

Jurisdiction:

European

Media

Updated: 03 September 2022; Ref: scu.430335

In re TM: FD 12 Dec 2013

Application by an NHS Trust for the consent or approbation of the court to proposed medical treatment of a seven-year-old child. The child was born with multiple medical problems, and as a result, very considerable mental and physical developmental delay. She has received a great deal of help and treatment throughout her life from the hospital of the NHS Trust. There had been a good working relationship between the staff and treating doctors and the parents, and in particular with the mother of the child, with whom she lived. ‘The purpose of these few words is solely to explain why I am imposing temporarily what has just been described as a blanket injunction on any reporting whatsoever – whether in a newspaper, by broadcast, or in any form of web-based communication – of the existence of these proceedings or anything that has taken place in court today. I do so because that is, of course, a very strong and grave restriction on the Convention right of freedom of expression which underpins the democratic rights of us all. These proceedings were listed for hearing in public, and every single word of them today has taken place in public, with journalists present in the court room. I am now delivering this short judgment in public, but this judgment, like everything else that has been said today, will also be the subject of the same temporary blanket restraint.’

Judges:

Holman J

Citations:

[2013] EWHC 4043 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Health, Children, Media

Updated: 31 August 2022; Ref: scu.519045

Ambrosiadou v Coward: QBD 15 Jul 2010

Citations:

[2010] EWHC 1794 (QB)

Links:

Bailii

Cited by:

Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.

Media, Family

Updated: 21 August 2022; Ref: scu.420950

HM Revenue and Customs v Banerjee (1): ChD 19 Jun 2009

The taxpayer sought anonymity in the reporting of the case against her.
Held: No, she could not be given anonymity.
Henderson J said: ‘In determining whether it is necessary to hold a hearing in private, or to grant anonymity to a party, the court will consider whether, and if so to what extent, such an order is necessary to protect the privacy of confidential information relating to the party, or (in terms of Article 8 of the Convention) the extent to which the party’s right to respect for his or her private life would be interfered with. The relevant test to be applied in deciding whether a person’s Article 8(1) rights would be interfered with in the first place, or in other words whether the Article is engaged so as to require justification under Article 8(2), is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy: see Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457, at paragraph 21 per Lord Nicholls of Birkenhead, and Murray v Express Newspapers Plc [2008] EWCA Civ 446, [2008] 3 WLR 1360, at paragraph 24 of the judgment of the court. If Article 8(1) is engaged, the court will then need to conduct a balancing exercise on the facts, weighing the extent of the interference with the individual’s privacy on the one hand against the general interest at issue on the other hand. In cases involving the media, the competing general interest will normally be the right of freedom of expression under Article 10 of the Convention. In cases of the present type, the competing interest is the general imperative for justice to be done in public, as confirmed by Article 6(1) of the Convention.’

Judges:

Henderson J

Citations:

[2009] EWHC 1229 (Ch), [2009] EMLR 24, [2009] BTC 337, [2009] STC 1930, [2009] STI 1963, [2009] 3 All ER 930

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – HM Revenue and Customs v Banerjee (No 2) ChD 19-Jun-2009
The court was asked whether the taxpayer dermatologist could deduct the expenses of attending educational courses, conferences and meetings, including associated costs of travel and accommodation.
Held: She could.
The defendant requested . .

Cited by:

Cited – Imerman v Tchenguiz and Others QBD 27-Jul-2009
It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was . .
See Also – HM Revenue and Customs v Banerjee CA 28-Jul-2010
The taxpayer doctor had claimed against her income tax, the costs of attending training courses required under her employment contract and for professional development. The Revenue appealed against a decision allowing the expenses.
Held: The . .
Cited – ZC v Royal Free London NHS Foundation Trust QBD 26-Jul-2019
Defamation/privacy claims against doctors failed
The claimant, seeking damages for alleged defamation, now asked for the case to be anonymised.
Held: The conditions for anonymisation were not met. The anonymity would be retained temporarily until any time for appeal had passed.
As to . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Media

Updated: 07 August 2022; Ref: scu.347121

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

Loss of Confidentiality Protection – public domain

A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications.
Held: A duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others. There would be no point in imposing a duty of confidence in respect of the secrets of the marital bed if newspapers were free to publish those secrets when betrayed to them by the unfaithful partner. When trade secrets are betrayed by a confidant it is usually the third party who exploits the information and it is the activity of the third party that must be stopped.
The court could look to the Convention to help decide how common law should develop. There was in principle no difference between article 10 of the European Convention of Human Rights and the English law of confidence. ‘the principle of confidentiality only applies to information to the extent that it is confidential. In particular, once it has entered what is usually called the public domain (which means no more than that the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential) then, as a general rule, the principle of confidentiality can have no application to it.’ and ‘ I conceive it to be my duty, when I am free to do so, to interpret the law in accordance with the obligations of the Crown under [the Convention]. But for present purposes the important words are ‘when I am free to do so’. The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.’
Lord Griffiths considered the correct approach to the defence of public interest in a copyright action: ‘If Peter Wright owns the copyright in Spycatcher, which I doubt, it seems to me extremely unlikely that any court in this country would uphold his claim to copyright if any newspaper or any third party chose to publish Spycatcher and keep such profits as they might make to themselves. I would expect a judge to say that the disgraceful circumstances in which he wrote and published Spycatcher disentitled him to seek the assistance of the court to obtain any redress: see Glyn v Weston Feature Film Co. [1916] 1 Ch. 261.’ A third limiting principle of the protection afforded by the law of confidence was ‘although the basis of the law’s protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure. This limitation may apply, as the learned judge pointed out, to all types of confidential information. It is this limiting principle which may require a court to carry out a balancing operation, weighing the public interest in maintaining confidence against a countervailing public interest favouring disclosure.’
Lord Jauncey said: ‘The courts of the United Kingdom will not enforce copyright claims in relation to every original literary work . . The publication of Spycatcher was against the public interest and was in breach of the duty of confidence which Peter Wright owed to the Crown. His action reeked of turpitude. It is in these circumstances inconceivable that a United Kingdom court would afford to him or his publishers any protection in relation to any copyright which either of them may possess in the book.’
Lord Goff of Chievely said that an obligation of confidence could arise even where the information in question had not been confided by a confider to a confidant: ‘I realise that, in the vast majority of cases, in particular those concerned with trade secrets, the duty of confidence will arise from a transaction or relationship between the parties – often a contract, in which event the duty may arise by reason of either an express or an implied term of that contract. It is in such cases as these that the expressions ‘confider’ and ‘confidant’ are perhaps most aptly employed. But it is well settled that a duty of confidence may arise in equity independently of such cases; and I have expressed the circumstances in which the duty arises in broad terms, not merely to embrace those cases where a third party receives information from a person who is under a duty of confidence in respect of it, knowing that it has been disclosed by that person to him in breach of his duty of confidence, but also to include certain situations, beloved of law teachers – where an obviously confidential document is wafted by an electric fan out of a window into a crowded street, or where an obviously confidential document, such as a private diary, is dropped in a public place, and is then picked up by a passer-by.’
Lord Goff set out three limiting principles for the rights of confidentiality: ‘The first limiting principle (which is rather an expression of the scope of the duty) is highly relevant to this appeal. It is that the principle of confidentiality only applies to information to the extent that it is confidential. In particular, once it has entered what is usually called the public domain (which means no more than that the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential) then, as a general rule, the principle of confidentiality can have no application to it.
The second limiting principle is that the duty of confidence applies neither to useless information, nor to trivia. There is no need for me to develop this point.
The third limiting principle is of far greater importance. It is that, although the basis of the law’s protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure. This limitation may apply, as the learned judge pointed out, to all types of confidential information. It is this limiting principle which may require a court to carry out a balancing operation, weighing the public interest in maintaining confidence against a countervailing public interest favouring disclosure’.

Judges:

Lord Goff of Chieveley, Lord Hutton, Lord Hobhouse of Woodborough, Lord Griffiths, Lord Jauncey

Citations:

[1990] 1 AC 109, [1988] UKHL 6, [1987] 1 WLR 776, [1988] 3 All ER 545

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Approved – O Mustad and Son v Dosen and Another; O Mustad and Son vAllcock HL 1924
(Heard in 1924, but noted only in 1963) Dosen worked for a company T under a contract of employment that included an undertaking to keep confidential information acquired at work. His employer went into liquidation. The benefit of that company’s . .
Approved – Lion Laboratories Ltd v Evans CA 1985
Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that . .
Cited – Glyn v Weston Feature Film Co 1916
Relief for copyright infringement was refused where the nature of the work tended to gross immorality. Younger J said that it was: ‘clear law that copyright cannot exist in a work of a tendency so grossly immoral as this, a work which apart from its . .
Cited – Bile Bean Manufacturing Co v Davidson SCS 1906
The second division refused relief against copyright infringement to a company which had perpetrated a deliberate fraud on the public by a series of false factual statements about its products. Lord Justice-Clerk Lord Macdonald said: ‘No man is . .
Cited – Slingsby v Bradford Patent Truck and Trolley Co 1905
Equitable relief was refused for an infringement of copyright where the work made false statements with intention to deceive the public. . .
See Also – 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 . .
At First Instance – Attorney-General v Guardian Newspapers Ltd QBD 1988
A Mr Peter Wright had written a book about his service in MI5. The Crown sought to restrain publication of the book by newspapers and also, as against The Sunday Times, an account of profits.
Held: As to this latter Scott J, said: ‘I had . .
Appeal From – Attorney-General v Guardian Newspapers Ltd CA 2-Jan-1988
A former employee of the Secret Service had written a book (‘Spycatcher’). The AG sought several remedies including damages against a newspaper for serialising it. Dillon LJ said: ‘It has seemed to me throughout the hearing of this appeal that there . .

Cited by:

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 – Frankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
Cited – Kiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
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 – Tillery Valley Foods v Channel Four Television, Shine Limited ChD 18-May-2004
The claimant sought an injunction to restrain the defendants broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat . .
Cited – X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd QBD 21-May-2003
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 . .
Cited – A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
Cited – Paddick v Associated Newspapers Ltd QBD 10-Dec-2003
The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material.
Held: The application failed. The claimant had stated that the balance of . .
Cited – EPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Cited – Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell CA 10-Feb-2000
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death.
Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Hellewell v Chief Constable of Derbyshire QBD 13-Jan-1995
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show . .
Approved – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
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 – Associated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – 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 – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
Cited – 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 . .
Cited – Barclays Bank Plc v Guardian News Media Ltd QBD 19-Mar-2009
The bank sought continuation of an injunction preventing publication by the defendant of papers leaked to relating to the claimant’s tax management. The claimant claimed in confidentiality. The papers did not reveal any unlawful activity. The . .
Cited – Tchenguiz and Others v Imerman CA 29-Jul-2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order . .
Cited – British Broadcasting Corporation v Harpercollins Publishers Ltd and Another ChD 4-Oct-2010
The claimant sought an injunction and damages to prevent the defendant publishing a book identifying himself as ‘the Stig’ saying that this broke his undertaking of confidentialty as to his identity, a necessary part of the character in the TV . .
Cited – 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 – Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another CA 23-Mar-2001
The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor.
Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the . .
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 – CTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
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 – KJO v XIM QBD 7-Jul-2011
The claimant had, some 20 years previously, been convicted and sentenced for forgery of a will. The defendants, relatives, had ever since written to those with whom he had dealings to tell them of the conviction and facts. The claimant, unable to . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – Hutcheson v Popdog Ltd and Another CA 19-Dec-2011
The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher.
Held: Leave to appeal was . .
Cited – Twentieth Century Fox Film Corp and Others v Harris and Others ChD 5-Feb-2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright.
Held: He did not. No such argument could be shown to have suceeded before. . .
Cited – Vestergaard Frandsen A/S and Others v Bestnet Europe Ltd and Others SC 22-May-2013
The claimant companies appealed against a reversal of their judgment against a former employee that she had misused their confidential trade secrets after leaving their employment. The companies manufactured and supplied bednets designed to prevent . .
Cited – Martin and Others Gabriele v Giambrone P/A Giambrone and Law QBNI 5-Mar-2013
The claimants had made investments through their solicitors, the defendants. The investments failed. The defendants were said to have made a foul and threatening posting on facebook about the claimant after failure in earlier proceedings. The . .
Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
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 . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 2) SC 20-Jul-2016
The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. . .
Cited – Bancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs SC 8-Feb-2018
Diplomatic Protection Lost to Public Domain
The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked . .
Cited – Patel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Information

Leading Case

Updated: 07 August 2022; Ref: scu.180685

Mosley v The United Kingdom: ECHR 22 Oct 2009

Citations:

48009/08, [2009] ECHR 1840

Links:

Bailii

Statutes:

European Convention on Human Rights

Citing:

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:

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

Human Rights, Media

Updated: 05 August 2022; Ref: scu.381359

Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997

An authorisation to broadcast sound recording included right to make back up tapes, but not to keep that back up beyond 28 days. Broadcasters are bound by an obligation to destroy copies of material which had been used for broadcast within 28 days unless a licence given otherwise.

Citations:

Times 14-Jul-1997, Gazette 23-Jul-1997

Statutes:

Copyright Designs and Patents Act 1988 13 68

Jurisdiction:

England and Wales

Cited by:

Appeal from – AEI Rediffusion Music Ltd v Phonographic Performance Ltd CA 1-Feb-1999
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Updated: 25 July 2022; Ref: scu.84724

Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech.
Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of expression, and also agrees that the interference was ‘prescribed by law’. In connection with the question whether the interference pursued a legitimate aim, the Commission finds, as indeed the applicants accept, that the aim was to maintain the authority and impartiality of the judiciary. It would add that the term ‘judiciary’ comprises the entire machinery of justice, including the proper functioning of the jury system (cf., Euro. Court H.R., Sunday Times judgment of 26 April 1979, Series A no. 30, p. 34, para. 55). It is an important element of that system that jurors should express themselves freely in the jury room without fear of outside disclosure of their views and opinions. To this extent the law may also serve to protect the rights of individual jurors themselves.
. . In connection with the legislation as such [the 1981 Act], the Commission notes that the jury system in the United Kingdom is founded on the premise that jurors will express themselves freely in the jury room in the knowledge that what they say will not be used outside. If a juror thought that what he said could subsequently be made public, it is possible that he would bear in mind the future use to which his words might be put, and not just the case in hand. The unlimited prohibition on disclosure is then seen to be an inevitable protection for jurors and can therefore be regarded as ‘necessary’ in a democratic society which has decided to retain this particular form of jury trial.’,br />The Commission added that it was not called on to assess the compatibility of section 8 with article 10 in circumstances involving a conviction for research into jury methods as such, and stated: ‘The present case relates rather to revelations of the jury’s deliberations in one specific case of considerable public interest, including statements by the jurors concerned about the opinions and attitudes of other members of the jury. The applicants were well aware that the information they published was sensitive, and should have been aware that its disclosure could put other individual jurors in an invidious position.
The Commission finds, in the circumstances of the present case, that the interference with the applicants’ freedom of expression did not take the State beyond the margin of appreciation which it enjoyed.’

Judges:

Mm A Weizel P

Citations:

24770/94, [1994] ECHR 58

Links:

HUDOC, Bailii

Citing:

Appeal from – 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 . .
At First Instance – HM Attorney General v Associated Newspapers Ltd and Others QBD 9-Dec-1992
A newspaper was held to have been in contempt of court for publishing details of the deliberations of a jury, even though it had not solicited the information. Beldam LJ said of the word ‘disclosure’: ‘It is a word wide enough to encompass the . .

Cited by:

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

Human Rights, Contempt of Court, Media

Updated: 25 July 2022; Ref: scu.343072

A v British Broadcasting Corporation and others: SCS 11 Feb 2009

Citations:

[2009] ScotCS CSOH – 18

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

At Outer House – 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: 23 July 2022; Ref: scu.291789

Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright.
Held: The claim succeeded. The VC granted a final injunction against any further infringement and directed disclosure of information to enable Mr Ashdown to exercise his right of election between damages and an account of profits. The Human Rights Act did not operate to extend the defences available to a claim for copyright infringement, on the basis that it was needed to provide for freedom of the press. The needs of the right to freedom of expression were satisfied by the defences available under the Act, including that of fair dealing, and there was no need to consider the individual facts of each situation. The need to have particular regard to an element did not mean that it should be given extra weight.
Sir Andrew Morritt V-C considered the meaning of ‘criticism and review’, saying: ‘I accept, of course, that the expression ‘criticism and review’ is of wide import. Cf Robert Walker LJ in Pro Sieben Media AG v. Carlton UK Television Ltd [1999] 1 WLR 605, 614G. Likewise I accept that it is necessary to have regard to the true purpose of the work. Is it ‘a genuine piece of criticism or review, or is it something else, such as the attempt to dress up the infringement of another’s copyright in the guise of criticism, and so profit unfairly from another’s work’? Cf Henry LJ in Time Warner Entertainments Co LP v. Channel Four Television Corpn plc [1994] EMLR 1, 14. But what is required is that the copying shall take place as part of and for the purpose of criticising and reviewing the work. The work is the minute. But the articles are not criticising or reviewing the minute: they are criticising or reviewing the actions of the Prime Minister and the claimant in October 1997′

Judges:

Sir Andrew Morritt VC

Citations:

Times 06-Feb-2001, Gazette 22-Feb-2001, [2001] EWHC Ch 28, [2001] 2 WLR 967

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988, European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Cited – Time Warner Entertainments LP v Channel Four Television Corporation plc CA 1994
In testing whether a defence to copyright infringement of fair dealing succeeds, the court can take note of the actual purpose of the work, and will look carefully to verify the claimed purpose: ‘it is necessary to have regard to the true purpose of . .

Cited by:

Appeal from – Ashdown v Telegraph Group Ltd CA 18-Jul-2001
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the . .
Cited – Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd ChD 23-Mar-2005
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing.
Held: . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Human Rights

Updated: 23 July 2022; Ref: scu.77890

Regina v Independent Television Commission ex parte Flextech Plc and others and Sci-Fi Channel Europe Llc: QBD 6 Nov 1998

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.

Judges:

Maurice Kay J

Citations:

Times 27-Nov-1998, [1998] EWHC Admin 1050

Statutes:

Broadcasting Act 1990 2(2)

Jurisdiction:

England and Wales

Media

Updated: 23 July 2022; Ref: scu.86932

Sloan v B: SCS 12 Jun 1991

Lord President Hope, delivering the opinion of the court, explained that it is by an application of the same principle that it has long been recognised that proceedings in open court may be reported in the press and by other methods of broadcasting in the media: ‘There is no doubt that as a general rule the proceedings of a court are open to the public, and thus to public scrutiny, at all times. Exceptions have to be made in special circumstances to allow the court to conduct its proceedings behind closed doors where the interests of justice require this to be done. But that is always the exception, and the general principle which applies equally in the sheriff court as it does in the Court of Session is that the court sits both for the hearing of cases and for the advising of them with open doors.’

Judges:

Lord President Hope

Citations:

[1991] ScotCS CSIH – 4, 1991 SLT 530, 1991 SC 412

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Richardson v Wilson SCS 1879
Lord President Inglis discussed the principle that the reporting of court cases had to be open: ‘The principle on which this rule is founded seems to be that, as courts of justice are open to the public, anything that takes place before a judge or . .

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 22 July 2022; Ref: scu.279554

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.
Held: The court considered the proper reluctance to restrain an anticipated contempt of court.

Judges:

Tugendhat J

Citations:

[2009] EWHC 1727 (QB), [2010] EMLR 9

Links:

Bailii

Statutes:

European Convention on Human Rights 10, Contempt of Court Act 1981 2(2)

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Guardian Newspapers Ltd (No 3) CA 1992
To found a complaint of contempt the risk arising from the publication must be practical rather than theoretical or illusory. Publicity concerning a named defendant before a jury during the jury trial of another charge did not give rise to a serious . .
Cited – Leary v Britiah Broadcasting Corporatin CA 29-Sep-1989
Lord Donaldson MR considered an application for an injunction to prevent a publication which it was said would create a contempt of court, and said: ‘I am very concerned that no one should think that on a speculative basis you can go to the courts . .
Cited – Attorney General v MGN Limited CA 1997
There had been, over some years, ‘saturation coverage’ of the relationship between a television personality and her boyfriend. Disclosures were made about his violence and his previous convictions. He came to be arrested and charged with a serious . .
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 – Attorney-General v English HL 1981
The risk of impediment or prejudice to a trial from a publication has to be assessed at the date of publication. ‘Substantial risk’ in section 2(2) means a risk which is more than remote. Lord Diplock said: ‘Next for consideration is the . .
Cited – Attorney General v Independent Television News and Others CA 1995
Leggatt LJ said that counsel for the Attorney General was correct when he submitted that: ‘It does not follow that because a risk had been created by the broadcast, further publication in newspapers would not create fresh and added risk of . .
Cited – Attorney General v MGN Limited CA 1997
There had been, over some years, ‘saturation coverage’ of the relationship between a television personality and her boyfriend. Disclosures were made about his violence and his previous convictions. He came to be arrested and charged with a serious . .
Cited – 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 . .

Cited by:

Cited – HM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.

Media, Contempt of Court, Human Rights

Updated: 21 July 2022; Ref: scu.376265

Armonas v Lithuania: ECHR 25 Nov 2008

The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – capable of contributing to a debate in a democratic society and making tawdry allegations about an individual’s private life’;

Judges:

Francoise Tulkens, P

Citations:

(2009) 48 EHRR 53, [2009] EMLR 7, 36919/02, [2008] ECHR 1526, 27 BHRC 389

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

See Also – Armonas v Lithuania ECHR 2-Dec-2010
. .
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: 21 July 2022; Ref: scu.278443

Regina v Marylebone Magistrates Court and Another ex parte Amdrell Ltd T/S ‘Get Stuffed’ and Others: QBD 17 Sep 1998

How the police execute a warrant must be an operational matter for them, but the involvement of media in press briefings and in attending the execution of warrants must be deplored as reducing the chances of a fair trial.

Citations:

Times 17-Sep-1998

Jurisdiction:

England and Wales

Police, Media

Updated: 21 July 2022; Ref: scu.87290

Ex Parte News Group Newspapers Ltd: CACD 21 May 1999

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.

Citations:

Times 21-May-1999

Statutes:

Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Media, Criminal Practice

Updated: 19 July 2022; Ref: scu.80419

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 defendant argued that the claimant’s right to a private life was overborn by greater public interest.
Held: The claim succeeded. To establish a claim in confidence he had to show a reasonable expectation of privacy, and that that right was not set aside by any balancing exercise involving freedom of expression. There had been a breach of the right of private life by the woman who had recorded the events. Here there was no greater good served by publication. The sado-masochism was consensual and involved no threat or children, and involved no issue of public interest. Nor here were there any public claims of impropriety by the claimant.

Judges:

Eady J

Citations:

[2008] EWHC 2341 (QB), Times 30-Jul-2008

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Citing:

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. . .

Cited by:

See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Defamation, Human Rights, Media

Updated: 19 July 2022; Ref: scu.276983

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 were requested on the basis of British and US security considerations and could not be used before the US Convening Authority. The respondent had served a certificate claimining Public Interest Immunity, saying that release would damage intelligence relations with the US, and the US authorities said that the purposes stated were being satisfied by the US system.
Held: Time should be allowed to the respondent to furnish amended PII certificates addressing the issues raised more explicitly.

Judges:

Thomas J, Lloyd Jones J

Citations:

[2008] EWHC 2100 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – 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 . .
Cited – Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Human Rights

Updated: 19 July 2022; Ref: scu.276250

Bookmakers Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others: ChD 8 Aug 2008

Various racecourses had combined together to sell the rights to televise their races to bookmakers. The bookmakers complained that the combination was anti-competitive and in breach of European law.

Judges:

Morgan J

Citations:

[2008] EWHC 1978 (Ch)

Links:

Bailii

Statutes:

Competition Act 1998, EC Treaty 81

Jurisdiction:

England and Wales

Cited by:

See Also – Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others (No 2) ChD 6-Nov-2008
. .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, European, Commercial

Updated: 19 July 2022; Ref: scu.272305

Medway Council v G and others: FD 18 Jul 2008

The court considered the extent of publicity for a case where the local authority was to be criticised.

Judges:

Sir Mark Potter P

Citations:

[2008] EWHC 1681 (Fam), [2008] 2 FLR 1687

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Media, Children

Updated: 18 July 2022; Ref: scu.270964

Murphy v Media Protection Services Ltd: Admn 16 Jul 2008

The defendant publican appealed against convictions for dishonestly receiving a broadcast programme with intent to avoid payment.

Citations:

[2008] EWHC 1666 (Admin), [2008] FSR 33, [2008] UKCLR 427

Links:

Bailii

Statutes:

Copyright, Design and Patents Act 1988 297(1)

Jurisdiction:

England and Wales

Citing:

See Also – The Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Intellectual Property, European

Updated: 17 July 2022; Ref: scu.270848

P and others v Quigley: QBD 16 May 2008

The claimants sought an injunction to prevent the defendants publishing any information about their private sexual and other conduct. Held; The defendants had originally threatened publication before a previous order by consent, they had failed to confirm their intention later to abide by it, and therefore the first two claimants were entitled to the permanent injunction.

Judges:

Eady J

Citations:

[2008] EWHC 1051 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 88 10

Jurisdiction:

England and Wales

Media, Human Rights

Updated: 15 July 2022; Ref: scu.268692

C v Crown Prosecution Service: Admn 8 Feb 2008

The court considered the practice of hearing submissions from the media in relation to reporting restrictions.
Held: Thomas LJ rejected the submission that, in conducting the Re S balancing exercise the Court should have regard to the public profile of the appellant: ‘That is because it is fundamental that all persons are equal before the law of England and Wales, as embodied in our common law, our legislation and the Conventions to which this party (sic) has subscribed . . No person in this country can enjoy a different status because he holds a public position. It is important to stress that.’

Judges:

Brooke LJ, Thomas LJ

Citations:

[2008] EWHC 854 (Admin)

Links:

Bailii

Statutes:

http://www.bailii.org/ew/cases/EWHC/Admin/2008/854.html 39(5)

Jurisdiction:

England and Wales

Citing:

See Also – Crawford v Crown Prosecution Service Admn 4-Feb-2008
. .

Cited by:

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

Magistrates, Children, Media

Updated: 14 July 2022; Ref: scu.267080

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.

Citations:

42864/05, [2007] ECHR 976

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

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

Human Rights, Media

Updated: 12 July 2022; Ref: scu.261873

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 medical staffs’ and social workers’ names to be excised.
Held: There is an emerging consensus that, at least in care cases, judgments should be published, albeit in anonymised form, Subject to appropriate anonymisation, the material should be published.

Judges:

Munby J

Citations:

[2007] EWHC 616 (Fam), [2007] 2 FLR 765

Links:

Bailii

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Citing:

Cited – B (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
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 . .
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 – Clayton v Clayton CA 27-Jun-2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified.
Cited – 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 . .
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 – 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 – 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 – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
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 – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – A Health Authority v Dr X and Others CA 21-Dec-2001
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with . .
Cited – A Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .

Cited by:

See also – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Local Government

Updated: 11 July 2022; Ref: scu.253470

Clear Channel UK Ltd., Regina (on the Application Of) v London Borough of Southwark: Admn 8 Dec 2006

Citations:

[2006] EWHC 3325 (Admin)

Links:

Bailii

Cited by:

Appeal from – Clear Channel UK Ltd, Regina (on the Application of) v London Borough of Southwark CA 13-Dec-2007
The company appealed an order refusing review of a decision requiring it to take down advertising hoardings. . .
Lists of cited by and citing cases may be incomplete.

Planning, Media

Updated: 09 July 2022; Ref: scu.249159

Richmond Upon Thames London Borough Council v Holmes and Others: FD 20 Oct 2000

A newspaper sought to investigate the policies adopted by the council as regards inter-racial fostering. The council relied upon the Act to justify restrictions it sought to be imposed on the reporting. The case was not affected by the Children Act, and therefore no balancing exercise was required. The policy restricting publication was to be looked at under the convention, and limited only to the extent required. The injunction would be relaxed to permit publication provided the case was appropriately anonymised, and social workers with no opportunity to answer criticism were not named.

Citations:

Times 20-Oct-2000

Statutes:

Children Act 1989 1(1), European Convention on Human Rights 12

Jurisdiction:

England and Wales

Children, Human Rights, Media

Updated: 09 July 2022; Ref: scu.88779

De Landtsheer Emmanuel SA v Comite Interprofessionnel du Vin de Champagne and Veuve Clicquot Ponsardin SA: ECJ 30 Nov 2006

ECJ (Approximation Of Laws) Opinion – Directives 84/450/EEC and 97/55/EEC – Comparative advertising – Concept – Identification of a competitor or of the goods or services offered by a competitor – Conditions governing the lawfulness of a comparison – Goods or services meeting the same needs or intended for the same purpose – Reference to designations of origin.

Judges:

Mengozzi AG

Citations:

C-381/05, [2006] EUECJ C-381/05 – O

Links:

Bailii

Statutes:

Directive 84/450/EEC, Directive 97/55/EEC

Jurisdiction:

European

Cited by:

Opinion – De Landtsheer Emmanuel v Comite Interprofessionnel du Vin de Champagne ECJ 19-Apr-2007
ECJ Approximation of Laws – Directives 84/450/EEC and 97/55/EC – Comparative advertising Identifying a competitor or the goods or services offered by a competitor Goods or services satisfying the same needs or . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 08 July 2022; Ref: scu.246850

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 obey it. Associated Newspapers had agreed to an undertaking, but then were served with an injunction in wider terms.
Held: The court considered what might be considered to be public about a couple’s relationship: ‘if someone asks ‘How’s married life treating you?’ and the response is ‘Fine’, that does not mean that the public is entitled to a ring-side seat when stresses and strains emerge (as happens in most relationships from time to time). It is disingenuous to pretend otherwise. Ordinary polite ‘chit chat’ of this kind is qualitatively different from volunteering to release private information for public consumption. ‘ At the same time, some facts about a separation have no privacy, such as that the couple are living apart. The order therefore scheduled the kinds of facts about the couple which were to be respected as private.
As for disclosure: ‘If and in so far as the exigencies of the occasion permit, anyone applying for an injunction must comply with his or her obligation of full and frank disclosure. In cases of this kind, that will generally involve a search of the internet or previous publications relating to the same category of information now sought to be protected. The court will need all the assistance available, for the purpose of deciding ‘likelihood’ of success, and in particular for making a preliminary judgment as to whether ‘the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential’.’ In this case, though the investigation might be criticised the parties should not be refused injunctive relief. A public domain proviso should be added. Attempts should also be made to trace the wrongdoers so that the litigation should not go to sleep leaving a permanent injunction.

Judges:

Eady J

Citations:

[2006] EWHC 2783 (QB), [2007] EMLR 290, [2007] 1 FLR 1567

Links:

Bailii

Statutes:

Human Rigts Act 1998 12

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Newspaper Publishing plc CA 1987
The court explained the common law basis of the law of contempt of court. Lloyd LJ said: ‘Since the test of contempt is not a breach of the order but interference with the administration of justice, it follows that at common law a contempt may be . .
Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
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 – Von Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
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 – 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 – 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 – Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
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 . .
Cited – Halford v The United Kingdom ECHR 25-Jun-1997
halford_ukECHR1997
The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information . .
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 – South Cambridgeshire District Council v Persons Unknown CA 17-Sep-2004
The council appealed refusal of an order against persons unknown with regard to preventing breaches of planning control at a specific site.
Held: An injunction could properly be granted against persons unknown ‘causing or permitting hardcore . .
Cited – A v B plc and Another QBD 10-Sep-2001
The applicant, a professional footballer, sought an injunction to prevent the defendant newspaper and the woman second defendant from publishing or disclosing details of a sexual relationship between them. He succeeded. There was no public interest . .
Cited – Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
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 . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – Jockey Club v Buffham QBD 13-Sep-2002
A court had issued a final order with an injunction against the respondent against revealing matters becoming known to him during his employment by the claimant. The BBC sought a variation to allow it to broadcast material based upon that documents . .
Cited – Redwing Ltd v Redwing Forest Products Ltd 1947
The court was asked as to an alleged breach of an undertaking given by the defendant not to advertise or offer for sale any products as ‘Redwing’ products so as to be liable to lead to the belief that they were the plaintiff’s.
Held: The court . .
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 by:

Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – JIH v News Group Newspapers Ltd QBD 5-Nov-2010
The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition . .
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 – 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

Updated: 08 July 2022; Ref: scu.245980

Regina v Brentwood Borough Council Ex Parte Peck: Admn 18 Dec 1997

The claimant sought judicial review of the authority’s distribution to the media of a CCTV film of his attempted suicide.
Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.

Judges:

Harrison J

Citations:

Times 18-Dec-1997, [1997] EWHC Admin 1041

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 111

Jurisdiction:

England and Wales

Intellectual Property, Judicial Review, Local Government, Media

Updated: 07 July 2022; Ref: scu.86197

Sciacca v Italy: ECHR 11 Jan 2005

The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal offences. It was a ‘vertical’ application of Article 8.
Revenue police compiled a file on her containing, among other things, her photographs and fingerprints. A public prosecutor held a press conference in which the allegations against the applicant and others were discussed. Photographs from the police file were supplied to newspapers. Following this, two newspapers published the photographs of the applicant in articles which stated that she and others had been charged with serious offences. The case against the applicant ended with a special procedure for imposition of a penalty agreed between the applicant and the prosecution. The penalty involved the imposition of a term of imprisonment and a fine.
Held: The court referred to von Hannover and said: ‘Regarding whether there has been an interference, the Court reiterates that the concept of private life includes elements relating to a person’s right to their picture and that the publication of a photograph falls within the scope of private life. It has also given guidelines regarding the scope of private life and found that there is: ‘a zone of interaction of a person with others, even in a public context, which may fall within the scope of ‘private life’.
In the instant case the applicant’s status as an ‘ordinary person’ enlarges the zone of interaction which may fall within the scope of private life, and the fact that the applicant was the subject of criminal proceedings cannot curtail the scope of such protection.’

Citations:

(2006) 43 EHRR 20, 50774/99, [2005] ECHR 8

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

Cited – Von Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .

Cited by:

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 – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited – JR38, Re Application for Judicial Review (Northern Ireland) SC 1-Jul-2015
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 01 July 2022; Ref: scu.227664

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the lease-like terms of the agreements, only licences had been granted since it was envisaged that the land owner could recover possession when required. The erection of the station was ‘expressed in the language of permissive use to place something on another’s land, and not as the grant of a proprietary interest in, and exclusive possession of, land.’

Citations:

[2004] EWHC 2483 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992 8, Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Addiscombe Garden Estates Ltd v Crabbe CA 1957
The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘It will be convenient to begin by . .
Cited – Hagee (London) Ltd v A B Erikson and Larson (a Firm) CA 1975
Tenancy at Will not protectable by 1954 Act
A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while . .
Cited – Cardiothoracic Institute v Shrewdcrest Ltd ChD 1986
The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Cited – Wandsworth London Borough Council v Singh CA 1991
The Local Authority were lessees of some 500 square metres of public open space at St. Johns Hill in Wandsworth, which they and their horticultural sub-contractors visited periodically. It had been used by local inhabitants for leisure and . .
Cited – Commissioners of Customs and Excise v Sinclair Collis Limited HL 7-Jun-2001
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines . .
Cited – Wallace v C Brian Barratt and Son Limited and Lock CA 19-Mar-1997
The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or . .
Cited – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .
Lists of cited by and citing cases may be incomplete.

Planning, Media, Landlord and Tenant

Updated: 27 June 2022; Ref: scu.219260

British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. The secretary of state had a discretion, and could not be criticised in law for drawing the line where he did to restrict advertising of tobacco products.

Judges:

McCombe J

Citations:

[2004] EWHC 2493 (Admin), Times 11-Nov-2004

Links:

Bailii

Statutes:

Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, Tobacco Advertising and Promotion Act 2002 4(3), European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

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 . .
Cite164876d – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
Cited – Artegodan v Commission ECFI 26-Nov-2002
ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, . .
Cited – Criminal proceedings against Walter Hahn ECJ 24-Oct-2002
ECJ Reference for a preliminary ruling: Bezirksgericht Innere Stadt Wien – Austria. Fisheries – Health policy – Directive 91/493/EEC and Decision 94/356/EC – Articles 28 EC and 30 EC – Principle of . .
Cited – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .
Cited – Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Bauer Verlag ECJ 26-Jun-1997
Europa The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, . .
Cited – Commission v France C-262/02 ECJ 13-Jul-2004
The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of . .

Cited by:

Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 27 June 2022; Ref: scu.219225

Affaire Radio France et autres v France: ECHR 30 Mar 2004

A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life.

Citations:

53984/00, [2007] ECHR 127, (2005) 40 EHRR 29

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Cited by:

Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
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 – Mardas v New York Times Company and Another QBD 17-Dec-2008
The claimant sought damages in defamation. The US publisher defendants denied that there had been any sufficient publication in the UK and that the court did not have jurisdiction. The claimant appealed the strike out of the claims.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 19 June 2022; Ref: scu.211495

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 proper and proportionate departure from the principle of open justice and thus compatible with article 6 of the European Convention on Human Rights:
‘By definition the issues which the mental health review tribunal has to deal with involve personal and clinical confidential information affecting individuals who are often very vulnerable and not always in a position to make an informed decision as to what may or may not be in their best interests. Questions of capacity may frequently arise and clinical progress may be affected by the consequences of publicity.’

Judges:

Beatson J

Citations:

[2005] 1 WLR 2469, [2004] EWHC 1749 (Admin), [2005] 2 All ER 820

Links:

Bailii

Statutes:

Mental Health Act 1983 78, Mental Health Review Tribunal Rules 1983, Administration of Justice Act 1960 12

Jurisdiction:

England and Wales

Citing:

Cited – Pickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .

Cited by:

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

Health, Media, Human Rights

Updated: 11 June 2022; Ref: scu.199832

Pearle and others v Hoofdbedrijfschap Ambachten: ECJ 15 Jul 2004

ECJ State aid – Definition of aid – Collective advertising campaigns in favour of one sector of the economy – Financing by means of a special contribution payable by undertakings in that sector – Action taken by a body governed by public law

Citations:

C-345/02, [2004] EUECJ C-345/02

Links:

Bailii

European, Media

Updated: 11 June 2022; Ref: scu.199457

Regina v Westminster City Council Ex Parte Castelli: QBD 14 Aug 1995

An applicant, who was HIV positive, wished his identity to be concealed.
Held: Some publicity had already occurred A Contempt of Court anonymity order was not to be used to protect a litigant’s privacy.

Judges:

Latham J

Citations:

Times 14-Aug-1995, [1995] 7 Admin LR 840

Statutes:

Contempt of Court Act 1981 11

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 by:

Cited – Regina v Legal Aid Board ex parte T, a Firm of Solicitors Admn 25-Jun-1997
The firm of solicitors making an application for judicial review of the decision of the Board to institute criminal proceedings against them sought anonymity, saying that procedure which might prove them innocent would nevertheless damage their . .
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 11 June 2022; Ref: scu.88298

Clarkson v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009): FTTGRC 1 Feb 2013

Request properly rejected as for material held for journalistic purposes. Struck out.

Judges:

NJ Warren

Citations:

[2013] UKFTT EA – 2012 – 0258 (GRC

Links:

Bailii

Statutes:

The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009

Jurisdiction:

England and Wales

Information, Media

Updated: 11 June 2022; Ref: scu.517850

Telewest Communications Plc v The Commissioners of Customs and Excise: ChD 19 Dec 2003

Judges:

The Hon Mr Justice Ferris

Citations:

[2003] EWHC 3176 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Telewest Communications Plc Telewest (Publications) Limited v Commissioners of Customs and Excise CA 10-Feb-2005
The taxpayers sold cable services which were liable to VAT through 28 subsidiaries, and supplied by a third party as part of the same service a listings magazine. They sought exemption from VAT for that part of the consideration related to the . .
Lists of cited by and citing cases may be incomplete.

VAT, Media

Updated: 08 June 2022; Ref: scu.189918

Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP: QBD 6 Oct 2003

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.

Judges:

Brooke LJ, Sullivan J

Citations:

Times 13-Oct-2003, [2003] EWHC 2408 (Admin)

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Cited by:

Cited – Webster and Others v Ridgeway Foundation School QBD 5-Feb-2010
The claimant had been severely injured when attacked at school. He was a white youth, and his attackers all Asian. The school had a history of inter-racial tension, and he claimed in negligence, and that they had failed to protect his human right . .
Cited – Webster and Others v The Governors of the Ridgeway Foundation School QBD 21-May-2009
The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Crime

Updated: 08 June 2022; Ref: scu.187195

Hunt, Regina (on the Applicaton of) v Independent Television Commission and Another: Admn 6 Nov 2002

Complaint had been made as to the applicant’s report of the ‘cash for questions’ affair. The journalist complained that his appeal against the respondent’s decision had not satisfied their responsibilities under the Act.

Citations:

[2002] EWHC 2296 (Admin)

Links:

Bailii

Statutes:

Broadcasting Act l990 6(3)(b)

Jurisdiction:

England and Wales

Media

Updated: 06 June 2022; Ref: scu.178024

Bonnick v Morris, The Gleaner Company Ltd and Allen: PC 17 Jun 2002

(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous.
Held: The publishers were protected by Reynolds privilege. The court should give the article the natural and ordinary meaning which would be attributed by an intelligent reader seeing it once. He could read between the lines but may not be unduly suspicious.
An appellate court should not disturb the judge’s finding without real justification. That did not apply here.
As to privilege, qualified privilege need not be lost because of unanticipated ambiguity. The defamatory imputation was a matter of implication, about which different views could apply. Responsible journalism was the point at which a fair balance was held between freedom of expression on matters of public concern and the reputations of individuals. Nevertheless ambiguity can be a screen behind which a journalist could be ‘willing to wound, and yet afraid to strike’. It is a matter for the words in each case. In this case the ambiguity was not so patent. There was, or perhaps should be, a deterrent element in the amount of damages in defamation cases.
Lord Nicholls discussed the single meaning rule in defamation: ‘The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear: see the familiar exposition by Diplock LJ in Slim v Daily Telegraph Ltd [1968] 2 QB 157, 171-172. The law attributes to the words only one meaning, although different readers are likely to read the words in different senses. In that respect the rule is artificial. Nevertheless, given the ambiguity of language, the rule does represent a fair and workable method for deciding whether the words under consideration should be treated as defamatory. To determine liability by reference to the meaning an ordinary reasonable reader would give the words is unexceptionable.’
For the purposes of determining whether, in the context of a defamation action, a journalist had acted responsibly, it was permissible to take account of the meaning which a journalist thought an article had even though that is different from the meaning which the article had to the ordinary reasonable reader. ‘A journalist should not be penalised for making a wrong decision on a question of meaning on which different people might reasonably take different views.’ In that case ‘the defamatory meaning of the words used was not so glaringly obvious that any responsible journalist would be bound to realise this was how the words would be understood by ordinary, reasonable readers.’

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote and Mr Justice Tipping

Citations:

[2002] UKPC 31, [2003] 1 AC 300, [2002] 3 WLR 820, 12 BHRC 558, [2002] EMLR 37, [2002] 2 Lloyds Rep 403, (2002) 12 BHRC 558, [2002] All ER (D) 92, (2003) 4 CHRLD 35

Links:

Bailii, PC

Citing:

Cited – Skuse v Granada Television CA 30-Mar-1993
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six.
Held: The court should give to the . .
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 – Slim v Daily Telegraph Ltd CA 1968
Courts to Settle upon a single meaning if disputed
The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear. The law of defamation ‘has passed beyond redemption by the courts’. Where in a libel action . .

Cited by:

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 – Nail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Cited – Jameel and Another v Wall Street Journal Europe Sprl (No 2) CA 3-Feb-2005
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege.
Held: ‘It is an established . .
Cited – Armstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
Cited – Lowe v Associated Newspapers Ltd QBD 28-Feb-2006
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication.
Held: To claim facts in aid of a defence of fair . .
Cited – Jameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
Cited – Roberts and Another v Gable and others CA 12-Jul-2007
The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal . .
Cited – Bray v Deutsche Bank Ag QBD 12-Jun-2008
A former employee of the defendant bank sued in defamation after the bank published a press release about its results which he said was critical of him.
Held: Where there is a real issue as to whether the words are defamatory of the claimant, . .
Cited – 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 – Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd QBD 15-Jul-2009
The claimant said that the defendant’s characterisation of its own products as ‘Good for You’ by reference to a description saying that it did not include the claimant’s product as a component, was a malicious falsehood. The defendant sold other . .
Cited – Flood v Times Newspapers Ltd QBD 2-Oct-2009
The defendant had published a story in its newspaper. At that time it attracted Reynolds qualified privilege. After the circumstances changed, the paper offered an updating item. That offer was rejected as inadequate.
Held: The qualified . .
Cited – British Chiropractic Association v Dr Simon Singh CA 1-Apr-2010
The defendant appealed against a ruling that the words in an article – ‘This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments’ – were statements of fact, and were not comment.
Cited – Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd CA 2-Jun-2010
The claimant sold a sweetener ingredient. The defendant shop advertised its own health foods range with the label ‘no hidden nasties’ and in a situation which, the claimant said, suggested that its ingredient was a ‘nasty’, and it claimed under . .
Cited – Flood v Times Newspapers Ltd CA 13-Jul-2010
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. . .
Cited – Watkins v Woolas QBD 5-Nov-2010
The petitioner said that in the course of the election campaign, the respondent Labour candidate had used illegal practices in the form of deliberately misleading and racially inflammatory material.
Held: The claim succeeded, and the election . .
Cited – Baturina v Times Newspapers Ltd CA 23-Mar-2011
The claimant appealed against directions given in her defamation action against the defendant. It had been said that she owned a house, and the defendant said that this was not defamatory. The claimant said that as the wife of the Mayor of Moscow . .
Cited – Flood v Times Newspapers Ltd SC 21-Mar-2012
The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now asked whether the paper had Reynolds type . .
Lists of cited by and citing cases may be incomplete.

Defamation, Commonwealth, Media

Updated: 06 June 2022; Ref: scu.174490

Interbrew SA v Financial Times Ltd and Others: ChD 19 Dec 2001

The claimant was involved in takeover proceedings. Certain confidential documents were taken, doctored, and released to and published by the defendants who now resisted orders for disclosure of the source.
Held: The court must balance the right of freedom of expression, and the private rights of the claimants. The court should start from an assumption that it would be wrong to order disclosure of the source of a press story, The claimants could succeed only if the disclosure was so important as to override the public interest in protecting journalistic sources in order to ensure free communication of information to and through the press. The damage caused was serious, a criminal offence had been involved, and the claimant had a legitimate need to prevent further such disclosures. The source was to be revealed.

Judges:

Justice Lightman

Citations:

Times 04-Jan-2002, Gazette 27-Feb-2002, [2001] EWHC Ch 471, [2001] EWHC 480 (Ch), [2002] 1 Lloyds Rep 542

Links:

Bailii, Bailii

Statutes:

Contempt of Court Act 1981 10, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
At first Instance – 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 05 June 2022; Ref: scu.167322

Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004

A newspaper, not party to the proceedings, sought access to the Court files, anticipating a significant journalistic story.
Held: Park J allowed the application for copies of certain pleadings and witness statements that had been placed before the court at a hearing in public, even though the application was made after the case had settled. The general principle that the judge applied was that: ‘the courts favour disclosure rather than the withholding of materials if the materials have featured in proceedings in open court.’ In deciding what counted as materials featuring in proceedings in open court he said that: ‘The reference to documents which have been read in open court must, in my view, be regarded as covering the pleadings, and also witness statements which were confirmed in general terms by their makers and which stood as evidence in chief.’

Judges:

Park J

Citations:

[2005] 1 WLR 2965, [2005] EMLR 19, [2005] 3 All ER 155

Links:

Bailii

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

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 – ABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 05 June 2022; Ref: scu.535110

Regina v London (North) Industrial Tribunal Ex Parte Associated Newspapers Ltd: QBD 13 May 1998

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.

Citations:

Gazette 14-Oct-1998, Times 13-May-1998, (1998) IRLR 569

Statutes:

Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 (1993 No 2687) 14

Jurisdiction:

England and Wales

Media, Employment

Updated: 05 June 2022; Ref: scu.88544

Tammer v Estonia: ECHR 6 Feb 2001

Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and the self-fulfilment of each individual. Criminal penalties imposed in respect of the reporting of a sexual relationship could not be said to violate Article 10 – notwithstanding that the persons concerned were the Prime Minister and a political aide.

Citations:

41205/98, (2001) 37 EHRR 857, [2001] ECHR 83, (2003) 37 EHRR 43

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Cited by:

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

Human Rights, Media

Updated: 04 June 2022; Ref: scu.166024

GKR Karate (UK) Limited v Porch, Yorkshire Post Newspaper, Holmes: QBD 17 Jan 2000

The claimant sought damages alleging defamation. The judge ordered certain elements of the case to be heard first, and others, if necessary later. Although the case had been begun under the old rules, the new civil procedure regime gave the judge much wider powers of management, and defamation cases were notoriously expensive and lengthy and the powers were particularly appropriate for use in defamation cases. As to qualified privilege: ‘A privileged occasion exists if the public is entitled to know the particular information. That is, if it was the journalist’s social or moral duty to communicate it and the interest of the particular public to receive it. This is determined in the light of all the circumstances of the publication and, in particular, whether the sources were, or appeared to be reliable, to a reasonable and responsible journalist. While Lord Nicholls’ ten examples are not to be taken as written in stone, they form the basic framework upon which a judge can do the balancing exercise.’ and ‘In particular, I am adjured to avoid hindsight, attach importance to the freedom of expression, be slow to conclude that publication was not in the public interest, to resolve any lingering doubts in favour of publication, and to be flexible in my approach.’

Judges:

Sir Oliver Popplewell

Citations:

Gazette 27-Jan-2000, Times 09-Feb-2000, [2000] EWHC QB 180, (2000) EMLR 396

Links:

Bailii

Cited by:

Cited – MacIntyre v Phillips and Others CA 24-Jul-2001
The appellant police officers and others were defendants in an action for defamation. They appealed a refusal of a trial of the preliminary issue as to whether they had the benefit of qualified privilege. They said that recent case law (GKR Karate . .
Appeal from – GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd (No1) CA 21-Jan-2000
It was arguable that a defendant in defamation proceedings could pray in aid in his claim for qualified privilege circumstances not known to him at the time of the publication: ‘there was a real, if problematic, prospect of success.’
May LJ . .
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 – Armstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
Cited – Grobbelaar v News Group Newspapers Ltd and Another CA 18-Jan-2001
The claimant had been awarded andpound;85,000 damages in defamation after the defendant had wrongly accused him of cheating at football. The newspaper sought to appeal saying that the verdict was perverse and the defence of qualified privilege . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Media

Updated: 04 June 2022; Ref: scu.163132

Federacion de Distribuidores Cinematograficos v Spanish State: ECJ 4 May 1993

(Rec 1993,p I-2239) (SV93-181) (Judgment) 1. Freedom to provide services – Provisions of the Treaty – Field of application – Exploitation, in a Member State, in a cinema or on television of cinematographic films produced in other Member States – Inclusion
(EEC Treaty, Art. 59 et seq.)
2. Freedom to provide services – Restrictions – Rules linking the grant of licences to dub cinematographic films from third countries to the distribution of national films – Discriminatory effect with regard to producers established in other Member States – Not permissible – Derogations – Grounds of public policy – Pursuit of objectives of an economic nature – Not permissible
(EEC Treaty, Arts 56 and 59)

Citations:

C-17/92, [1993] EUECJ C-17/92

Links:

Bailii

Jurisdiction:

European

Media

Updated: 01 June 2022; Ref: scu.160850

Commission v Belgium C-211/91: ECJ 16 Dec 1992

ECJ (Judgment) 1. By prohibiting cable television companies from broadcasting on their networks programmes from radio or television broadcasting stations in other Member States, where the programmes are not transmitted in the language or one of the languages of the Member State in which the station is established, a Member State is in breach of its obligations under Article 59 of the Treaty.
Such a restriction, which is discriminatory in that it is not applicable to services without distinction as regards their origin, cannot be brought within any of the grounds for exemption from the freedom to provide services permitted by Community law, that is to say those laid down in Article 56 of the Treaty.
2. While it is true that a Member State cannot be denied the right to take measures to prevent a provider of services whose activity is entirely or principally directed towards its territory from exercising the freedom guaranteed by Article 59 of the Treaty for the purpose of avoiding the professional rules of conduct which would be applicable to him if he were established within that State, it does not follow that it is permissible for a Member State to prohibit altogether the provision of certain services by operators established in other Member States.

Citations:

[1992] ECR I-6757, [1992] EUECJ C-211/91

Links:

Bailii

European, Media

Updated: 01 June 2022; Ref: scu.160762

Regina ex parte Matthias Rath B v Matthias Rath Ltd the Advertising Standards Authority Ltd and its Reviewer: Admn 6 Dec 2000

Adjudications of the Advertising Standards Authority are prescribed by law, and the codes of practice are issued by virtue of statutory authority. The codes described a clear system for adjudicating complaints, and therefore anyone publishing advertising material could know in advance what rules applied, and what penalties he might incur. The need to ensure accuracy in health advertising was a sufficient purpose to justify the restriction on the freedom of expression.

Citations:

Times 10-Jan-2001, [2000] EWHC Admin 428

Links:

Bailii

Statutes:

European Convention on Human Rights Art 10, Control of Misleading Advertisements Regulations 1988 (1988 No 915)

Jurisdiction:

England and Wales

Media, Human Rights

Updated: 29 May 2022; Ref: scu.140245

Imutran Ltd v Uncaged Campaigns Ltd and Another: ChD 11 Jan 2001

The test for whether an interim injunction should be granted restraining publication of material claimed to be confidential, where such a grant would infringe the right to freedom of expression was slightly different under the 1998 Act. The established test was whether the claimant had a real prospect of succeeding at trial in restraining publication, but the new test was whether he was likely to do so. Nevertheless the difference was so small as to make any calculation fruitless.
The court was asked to restrain the publication of confidential documents, and the effect of the section. The defendants argued that the requirement of likelihood imposed a higher standard than that formulated in American Cyanamid, but the claimant said that his case satisfied whatever the standard was applied. Theoretically and as a matter of language likelihood is slightly higher in the scale of probability than a real prospect of success. But the difference between the two is small. The court could not imagine many (if any) cases which would have succeeded under the American Cyanamid test but will now fail because of the terms of section 12(3). The court applied the test of likelihood without any further consideration of how much more probable that now has to be.
Sir Andrew Morritt set out the approach to be taken: ‘Of course, the defendants’ right to freedom of expression is an element in their democratic right to campaign for the abolition of all animal xenotransplantation or other experimentation. But they may continue to do that whether the injunction sought by Imutran is granted or not. The issue is whether they should be free to do so with Imutran’s confidential and secret documents. Many of those documents are of a specialist and technical nature suitable for consideration by specialists in the field but not by the public generally. Given the provisos to the injunction sought there would be no restriction on the ability of the defendants to communicate the information to those specialists connected with the regulatory bodies denoted by Parliament as having special responsibility in the field.’

Judges:

Sir Andrew Morritt

Citations:

Times 30-Jan-2001, Gazette 05-Apr-2001, [2001] EWHC Ch 31, [2001] 2 All ER 385, [2002] FSR 2, [2001] HRLR 31, [2001] EMLR 21, [2001] CP Rep 28, [2001] ECDR 16

Links:

Bailii

Statutes:

Human Rights Act 1998 12(3)

Jurisdiction:

England and Wales

Citing:

Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .

Cited by:

Approved – A v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
Cited – Barclays Bank Plc v Guardian News Media Ltd QBD 19-Mar-2009
The bank sought continuation of an injunction preventing publication by the defendant of papers leaked to relating to the claimant’s tax management. The claimant claimed in confidentiality. The papers did not reveal any unlawful activity. The . .
Cited – Theakston v MGN Ltd QBD 14-Feb-2002
The claimant, a celebrity sought to restrain publication by the defendant of information about his sex life, consisting of pictures of him in a brothel. The court considered the test for the grant of an injunction to restrain publication under the . .
Cited – Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
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 . .
Cited – Bains and Others v Moore and Others QBD 15-Feb-2017
The claimant anti-asbestos campaigners complained that the defendant investigators had infringed their various rights of privacy. They now sought discovery to support the claim.
Held: the contents of the witness statements do show that it is . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Intellectual Property, Human Rights, Media

Updated: 23 May 2022; Ref: scu.135620

EE Ltd v Office of Communications: Admn 26 Aug 2016

Claim for judicial review of the decision of the Office of Communications (‘Ofcom’), the defendant, regarding the annual licence fee payable for the use of two bands of radio spectrum, the 900 MHz and 1800 MHz bands.

Judges:

Cranston J

Citations:

[2016] EWHC 2134 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Utilities, Media

Updated: 23 May 2022; Ref: scu.568831