Cases

Tycon Energy Corp v The Motley Fool Limited

Comment

In Totalise plc v Motley Fool & Anor [2002] 1 WLR 1233 Aldous LJ considered that there would be occasions on a Norwich Pharmacal application when it would be appropriate to tell the poster what was going on and invite him or her to put forward reasons why their identity should not be disclosed. In practice, the Court is unlikely to be convinced that, if a case is made out, a poster should have his or her identity concealed and hence be given a form of immunity but it may be good practice for a website operator to notify a poster in case there is a good reason.

Here, the Applicant was required to pay the costs of the exercise; some of which it might be able to recover against the poster if it successfully sues him or her for libel.

Areas of work

Data Protection
Defamation
General Common Law
Human Rights
Media Law

Also