Year: 2004

Media access to prosecution materials

On 4 November the CPS issued guidance on the types of prosecution materials that can be released to the media and on what conditions. Further clarification became necessary after concern was expressed over an earlier statement by the… Read More »

Family court judges give evidence to Parliament

Dame Elizabeth Butler-Sloss P, Wall LJ and Munby J have been giving evidence to a Constitutional Affairs Select Committee about the operation of the Family Courts. The primary question on which the Committee sought evidence from the judges… Read More »

ECJ defines database right

The European Court of Justice has given judgment in the case of British Horseracing Board v William Hill, explaining many of the terms in the Database Directive for the first time. The British Horseracing Board (‘BHB’)… Read More »

‘Bonnard’ Libel Rule Reaffirmed

An appeal in which a claimant was trying to challenge the established rules about the grant of libel injunctions has been dismissed.  Martha Greene failed in her attempt to obtain an injunction to restrain the Mail… Read More »

5RB top in Chambers & Partners Review

The 2005 Chambers & Partners Guide has named 5RB as a leading set in Defamation/Privacy and recommended 5RB members as ‘notable practitioners’ in Media & Entertainment.   The independent survey singled out 5RB for praise, recommending seventeen 5RB barristers (including all 6 QCs): more than any… Read More »

5RB first with ECHR Radio France ruling

5RB publishes today an English translation of the European Court of Human Rights’ decision in Radio France v France. This interesting and important decision was issued in March 2004, but has only been available in… Read More »

Schwarzenegger faces libel claim

The High Court in London today ruled that a libel claim brought by the English TV presenter, Anna Richardson could continue against Arnold Schwarzenegger and other Defendants over remarks alleged to have been made following… Read More »

Lords uphold freedom to report

The House of Lords has dismissed the appeal from the decision of the Court of Appeal in Re S [2004] Fam 43. The appeal was brought on behalf of a child whose mother is soon to stand… Read More »

Global acclaim for Gatley

The 10th edition of Gatley – the authoritative text on Libel and Slander – continues to win excellent reviews across the globe.   In a recent review by Roy Baker at the Communications Law Centre at the… Read More »

Collins Stewart damages claim trimmed

The High Court today struck out a significant part of the special damages claim made by investment bank Collins Stewart Tullett Plc against the Financial Times.  The bank was seeking around £240m in special damages for an… Read More »

Don King libel case continues

The Court of Appeal has ruled that Don King’s libel action against Lennox Lewis and two other defendants over allegations made on an American website can be brought in the English Courts.   Upholding an… Read More »

New Media Costs’ Risk for Aborted Trials

From today, for the first time, courts will be able to make media organisations pay potentially massive costs’ bills if a criminal trial is aborted due to prejudicial reporting.  Under s.93 Courts Act 2003 and the Costs in Criminal Cases (General) (Amendment)… Read More »

Ofcom censures C4 over ‘Big Brother’

In its latest report, Ofcom, the broadcasting regulator, has criticised Channel Four for its handling of the outbreak of violence in the Big Brother house in June, although it rejected other criticisms of the broadcaster… Read More »

Interim Injunctions – new guidance

The House of Lords has today handed down its judgment in the important case of Cream Holdings v Banerjee & Others. The full judgment is available now at the 5RB website, together with a full… Read More »

The new term ahead…

The autumn term is usually very busy, and 2004 is no exception. Here’s what lies ahead.   18 October 2004 – Al Rajhi and Jameel v Wall Street Journal (CA)   19 October 2004 – Anna Richardson v… Read More »

Martin O’Neill wins libel damages from the BBC

Celtic Manager, Martin O’Neill, has received an apology and substantial damages from the BBC over allegations made in a book published by BBC Worldwide Limited, “Football Confidential 2”. The book had examined Mr O’Neill’s shareholding in the Proactive… Read More »

5RB Welcomes New Tenants & Pupils

5RB welcomes Richard Munden and David Hirst as new members of Chambers today. Both were pupils at 5RB and their recruitment brings the media law set’s complement to 27 barristers. Richard Munden was educated at the comprehensive school in Wadebridge, Cornwall, before achieving… Read More »

New Mediator Appointment

5RB’s mediation group has been strengthened by Stephen Bate‘s appointment to the panel of mediators regularly used by CEDR.   The mediation group at 5RB offers a fast, efficient and inexpensive service for the resolution of… Read More »

High Court dismisses Graham Bradley’s appeal

Graham Bradley’s claim that his five year penalty of disqualification was disproportionate and unlawful has been dismissed by the High Court today.   Mr Justice Richards held that the penalty imposed by Jockey Club Appeal… Read More »

PCC Rejects Privacy Complaint

The Press Complaints Commission has rejected a privacy complaint from Eastenders’ actor, Leslie Grantham, over tabloid allegations that the BBC had ordered him to seek treatment for sexual problems. The actor, who plays “Dirty Den” in… Read More »