Cases

Bedeau v London Borough of Newham

Held

The principle in Loutchansky did not apply. The law of defamation could not be comfortably applied without qualification in the context of an allegation of contempt of court. There was a potential tension between the definition of “publish” for the purposes of defamation and its definition in the law of contempt. In this case, B had complied with the requirement in the injunction to remove material “so far as it was within his control”. It would be strange if B was compliant with this provision yet continued to be in breach of other parts of the injunction every time someone accessed the website.

Also