Cases

H v Tomlinson

Comment

This is the first Court of Appeal case to consider W v Westminster CC and the possibility that in certain circumstances there will be cases where, despite losing a defamation action, a claimant will still be entitled to a remedy because of a breach of his or her Article 8 right to reputation. Whilst W was not applied, because of the Defendant's cast iron justification defence, the Court of Appeal implicitly accepted that there may be a cause of action for the breach of an Article 8 right to reputation which might succeed even where a claimant's claim in defamation had failed.

5RB's Richard Munden also acted for the Defendant during the proceedings.

Areas of work

Defamation
Human Rights
Media Law
Privacy and Confidence

Also