Cases

Caine v Advertiser & Times Ltd and Ors (No. 2)

libel – malicious falsehood – res judicata / cause of action estoppel – abuse of process – Extended Civil Restraint Order – liability for hyperlinked content – jurisdiction of a Deputy High Court Judge – totally without merit applications

[2019] EWHC 2278 (QB) - High Court

Judge Richard Spearman QC sitting as a Deputy High Court Judge

Simon v Lyder

Defamation - Libel - Appeal from Court of Appeal of the Republic of Trinidad and Tobago - Reliance upon subsequent facts - The extent which, if at all, two or more different statements made upon different occasions by the same defendant may be aggregated for the purpose of giving rise to a cause of action in defamation

[2019] UKPC 38 - Judicial Committee of the Privy Council

Judge Lord Wilson, Lord Carnwath, Lady Black, Lord Briggs, Lady Arden

Solicitor General v Holmes

Contempt in the face of the court – guidance where committal pursued in the Divisional Court

[2019] EWHC 1483 (Admin) - Divisional Court

Judge Coulson LJ, Spencer J

Lachaux v Independent Print Ltd

Defamation – serious harm to reputation under s.1, Defamation Act 2013 – construction – accrual of cause of action – role of meaning of words – role of inference in determination of issue of serious harm – applicability of repetition rule and rule in Dingle v Associated Newspapers to determination of issue of serious harm

[2019] UKSC 27 - Supreme Court

Judge Lords Kerr, Wilson, Sumption, Hodge and Briggs

Alsaifi v Secretary of State for Education

Defamation -  Spokesperson's quote in newspaper article - Meaning - Principles governing quoted source liability - Serious Harm - Effect of Prior Court Judgment on reputational harm - Qualified Privilege - Press Releases

[2019] EWHC 1413 (QB) - High Court, Queen's Bench Division

Judge Anthony Metzer QC sitting as a Deputy Judge of the High Court

Serafin v Malkiewicz

Libel – public interest – truth – damages – unfair judicial treatment

[2019] EWCA Civ 852 - Court of Appeal

Judge Lewison, McCombe and Haddon-Cave LJJ

Kennedy v National Trust for Scotland

Libel – Data Protection – Service within the Jurisdiction – forum non conveniens – Scotland – Deemed Service – Validity of the Claim Form

[2019] EWCA Civ 648 - Court of Appeal (Civil Division)

Judge Sir Rupert Jackson, Sharp and Asplin LJJ

XW v XH (Court of Appeal)

Court of Appeal – Financial remedies – Reporting Restrictions – Anonymity

[2019] EWCA Civ 549 - Court of Appeal (Civil Division)

Judge Underhill LJ, King LJ, Moylan LJ

RJ v Tigipko 2

Reporting Restrictions – Contempt of Court Act 1981 – Anonymity

[2019] EWHC 448 (Fam) - High Court, Family Division

Judge Mostyn J

Greenstein v Campaign against Antisemitism

Defamation - Meaning - Expressions of Opinion or Statements of Fact - Preliminary Issue Trial - Antisemitism allegations

[2019] EWHC 281 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

RJ v Tigipko

Family proceedings – Reporting Restrictions – Administration of Justice Act 1960 - Children Act 1989 - Anonymity

[2019] EWHC 105 (Fam) - High Court, Family Division

Judge Mostyn J

BBC v Independent Office for Police Conduct

Information Notice Appeal – Investigatory Powers – Police Reform Act 2002 – Article 10

[2019] UKFTT 2018_0163 (GRC) - First-Tier Tribunal (General Regulatory Chamber)

Judge Judge Alison McKenna (CP); Dr Henry Fitzhugh; Jean Nelson

Nugent v Willers

Defamation - Limitation - Discretionary exclusion  of  time  limit  for  actions  for  defamation  or malicious falsehood -  s.30A of the Limitation Act 1984 (Isle of Man)  - s.32A Limitation Act 1980 (England & Wales)

[2019] UKPC 1 - Privy Council

Judge Lady Hale, Lord Kerr, Lady Black, Lord Briggs, Lord Kitchin

Zahir Monir v Steve Wood

Libel – Social Media – Twitter – Meaning – Reference – Agency – Vicarious Liability – Serious Harm – Damages

[2018] EWHC 3525 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

Poulter v Times Newspapers Limited

Defamation - Libel - Meaning - Trial of Preliminary Issue on meaning

[2018] EWHC 3900 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

Morgan v Associated Newspapers Ltd

Defamation – strike out – amendment – summary judgment – pleading – honest opinion – section 3 Defamation Act 2013

[2018] EWHC 3960(QB) - High Court, Queen's Bench Division

Judge Nicklin J

Swift v Information Commissioner & Highways England

Freedom of Information Act 2000 - s. 43 exemption (prejudice to commercial interests) - confidentiality of contractual tenders - public interest

EA/2018/0104 - First Tier Tribunal General Regulatory Chamber (Information Rights)

Judge Judge Hazel Oliver, S Shaw, D Sivers

Various Claimants v Wm Morrison Supermarkets PLC

Data Protection Act 1998  – Misuse of private information – Breach of confidence – Vicarious Liability

[2018] EWCA Civ 2239 - Court of Appeal

Judge The Master of the Rolls, Bean, Flaux LJJ

BVC v EWF

Privacy - injunction - internet publication - jurisdiction - special jurisdiction - Lugano Convention - centre of interests

[2018] EWHC 2674 (QB) - High Court (Queen's Bench Division)

Judge Karen Steyn QC (sitting as a Deputy High Court Judge)

Sube v News Group Newspapers Ltd & Express Newspapers (No 2)

Defamation - Defamation Act 2013, s. 1 - Serious Harm - Whether Serious Harm Requirement Can Be Met By Taking Indivual Less Serious Imputations Together Cummulatively

[2018] EWHC 1961 (QB) - High Court, Queen's Bench Division

Judge Mr Justice Warby

Reay v Beamont

Defamation - privacy - data protection - harassment - preliminary issue - meaning

[2018] EWHC 2172 (QB) - High Court (Queen's Bench Division)

Judge Nicol J

Lisle-Mainwaring v Associated Newspapers Ltd (CA)

Civil Procedure - Permission to Appeal - Application for Permission to High Court - Harassment -  Media Harassment - Specific Disclosure - Test for Specific Disclosure

[2018] EWCA Civ 1470 - Court of Appeal

Judge Coulson and Newey LJJ

Sabados v Facebook Ireland

Norwich Pharmacal – Confidentiality – Misuse of Private Information – Data Protection

[2018] EWHC 2369 (QB) - High Court (QBD)

Judge HHJ Parkes QC

Ministry of Justice v Ellis

Suspended order for committal and general civil restraint order upheld

[2018] EWCA Civ 2686 - Court of Appeal

Judge Davis LJ, Moylan LJ

In the Matter of G (A Child) (transparency)

Family Proceedings - access to documents from court file by non party - Article 8

[2018] EWHC 1301 (Fam) - High Court, Family Division

Judge Sir James Munby, President of the Family Division

R (on the application of Drain) v Birmingham Crown Court and others

Trade Marks Act - s.97 Trade Marks Act 1994 - Trade marked goods -  Forfeiture order - Article 1 Protocol 1 (A1P1) - Comatibility with European Convention Rights

[2018] EWHC 1255 (Admin) - Administrative Court, Queen's Bench Division

Judge Treay LJ and Morgan J

Sube v News Group Newspapers Ltd & Express Newspapers

Defamation - Meaning - Preliminary Issue -  Serious Harm - s.1 Defamation Act 2013 - Data Protection Act 1998 - Equality Act 2010 - Harassment - Striking Out - Amendment

[2018] EWHC 1234(QB) - High Court of Justice, Queen's Bench Division

Judge Mr Justice Warby

Douglas v News Group Newspapers

Privacy – Confidence – Data Protection – Copyright – Deceased Party

Unreported - High Court (QBD)

Judge Senior Master Fontaine

PML v Person(s) Unknown

Breach of Confidence – Blackmail - Injunction Against Person(s) Unknown – Application for continuation of interim injunction on return date – Derogations from Open Justice

[2018] EWHC 838 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

(1) NT1 & (2) NT2 v Google LLC

"right to be forgotten" - Google Search engine - de-listing - Data Protection Act 1998 - misuse of private information - spent convictions - Rehabilitation of Offenders Act 1974 - Google Spain SL & another v Agencia Espanola de Proteccion de Datos (AEPD) and another Case C-131/12 - Article 29 Working Party Guidelines

[2018] EWHC 799 (QB; [2018] EMLR 18; [2018] HRLR 13 - High Court of Justice, Queen's Bench Division, Media and Communications List

Judge Mr Justice Warby

NPV v QEL & ZED

Interim Injunction - Misuse of Private Information - Harassment - Protection from Harassment Act 1997 - Blackmail - Derogations from Open Justice - Anonymity - Private Hearing - Without Notice to the Defendants

[2018] EWHC 703 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

R (on the application of Emblin) v Commissioners for HM Revenue & Customs

Judicial Review -Breach of Confidence - Legal Professional Privilege - Suspected Tax Avoidance Schemes -  No Confidence in Iniquity - Inducement to Breach Confidence - Alternative Remedies - s.316B Finance Act 2004 (voluntary disclosure to HMRC not restricted by any duty of confidentiality) -  Data Protection Act 1998

[2018] EWHC 626 (Admin) - Administrative Court, Queen's Bench Division

Judge Whipple J

Galloway v Ali-Khan

Contempt of Court - Breach of Undertakings - Whether to accept admissions

[2018] EWHC 780 (QB) - Queen's Bench Division, Media and Communications List

Judge Warby J

AXB v BXA

Harassment – Misuse of Private Information – Deceit – Anonymity – Injunction

[2018] EWHC 588 (QB) - Queen's Bench Division, Media and Communications List

Judge Sir David Eady

Clarkson Plc v Person or Persons Unknown

Breach of Confidence - Injunction Against Person(s) Unknown - Application for Default Judgment and permanent injunction on paper - CPR 23.8 - Derogations from Open Justice 

[2018] EWHC 417 (QB) - Queen's Bench Division, Media and Communications List

Judge Warby J

Shakil Khan (formerly JMO) v Tanweer Khan (formerly KTA)

Harassment – Protection from Harassment Act 1997 – Interim Injunction – Anonymity – Freedom of Expression

[2018] EWHC 241 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

Stocker v Stocker

Libel – social media – meaning – justification – publication

[2018] EWCA Civ 170; [2018] E.M.L.R. 15; [2018] 1 F.C.R. 763 - Court of Appeal

Judge McFarlane and Sharp LJJ and Sir John Laws

Kennedy v National Trust for Scotland

Libel - Data Protection Act 1998 - Negligent Misstatement - forum non conveniens - Scotland - Owusu v Jackson - Service within the Jurisdiction - Deemed Service - Validity of the Claim Form

[2017] EWHC 3368 (QB) - High Court (QB)

Judge Sir David Eady

Clarkson Plc v Person or Persons Unknown

Injunction - Breach of Confidence - Return Date - Derogations from Open Justice

ex tempore - Queen's Bench Division, Media and Communications List

Judge Warby J

Various Claimants v WM Morrisons Supermarket PLC

In a trial of liability for breach of the Data Protection Act 1998, misuse of private information and breach of confidence: where a then employee of the D had made a copy of the Cs’ private/confidential information held on D’s payroll and uploaded it to the internet, was D liable either on a direct or vicarious liability basis? Data Protection Act 1998  – Misuse of private information – Breach of confidence – Vicarious liability – DPP7

[2017] EWHC3113 (QB); [2018] IRLR 200; [2018] EMLR 12 - High Court of Justice, Queen's Bench Division

Judge Langstaff J

R v R & Anor

Reporting Restrictions – Court of Appeal – Anonymity Orders – Section 97 Children Act 1989 – Open Justice

[2017] EWCA Civ 1588 - Court of Appeal, Civil Division

Judge McFarlane, Sharp and Hickinbottom LJJ

Bukovsky v CPS (CA)

Defamation - Libel - Meaning - Appellate Review

[2017] EWCA Civ 1529 - Court of Appeal

Judge Gross, Simon & Peter Jackson LJJ

Al-KO Kober Ltd & Anor v Balvinder Sambhi

Interim injunction - malicious falsehood - Bonnard v Perryman - data protection - order under s10 DPA

[2017] EWHC 2474 (QB) - High Court (Queen's Bench Division)

Judge Whipple J

Lachaux v Independent Print Ltd (Serious harm)

On appeal from the decision of Warby J [2016] QB 402; [2015] EWHC 2242 (QB): what was the proper approach to determining whether a statement satisfied the 'serious harm' test in section 1(1) of the Defamation Act 2013? Libel - Serious Harm - Rule in Dingle - Presumption of Harm - Limitation - Defamation Act 2013

[2017] EWCA Civ 1334 - Court of Appeal

Judge McFarlane, Davis, Sharp LJJ

Lachaux v Independent Print Ltd (Privilege)

On appeal from a decision of Sir Michael Tugendhat [2015] EWHC 3677 (QB): whether the judge erred in granting the Claimant an injunction in respect of material said to be both confidential and covered by Legal Professional Privilege.

[2017] EWCA Civ 1327 - Court of Appeal

Judge McFarlane, Davis, Sharp LJJ

Chang Wa Shan v Esther Chan Pui Kwan

Defamation - malicious falsehood - slander - absolute privilege - civil proceedings - informant - damages - causation - remoteness - Hong Kong

CACV 240/2015 - Hong Kong Court of Appeal

Judge Yuen, Kwan, Macrae JJA

Keith Singh v Joseph Weayou

Libel – Malicious Falsehood – Serious Harm - Qualified Privilege – Honest Opinion - Truth – Malice – Damage

[2017] EWHC 2102 (QB) - Queen's Bench Division

Judge The Hon. Mrs Justice Nicola Davies DBE

Mionis v Democratic Press SA and others

Appeal - Defamation - Article 10 of the European Convention - Section 12, Human Rights Act 1998 - Settlement - Whether Judge below was correct to have refused application to lift a stay in the proceedings imposed by a Tomlin Order

[2017] EWCA Civ 1194 - Court of Appeal

Judge Gloster, Sharp and Lindblom LLJ

Lisle-Mainwaring v Associated Newspapers Limited

Harassment - Protection from Harassment Act 1997 - Media Publications - Journalist contact with subject of story - Strike Out - Summary Judgment - Jameel

[2017] EWHC (QB) - High Court, Queen's Bench Division

Judge HHJ Moloney QC sitting as a High Court Judge

Khuja (formerly known as PNM) v Times Newspapers Ltd

Open Justice – Privacy – Contempt of Court Act 1981 – Criminal Proceedings – Injunctions – Reporting Restrictions – anonymity – postponement of reporting

[2017] UKSC 49 - Supreme Court

Judge Lord Neuberger PSC, Lady Hale DPSC, Lords Kerr, Clarke, Wilson, Sumption, Reed JJSC

Malaga-Cano v Barclay & ors

Slander - Libel - Meaning - Serious Harm - Thornton threshold - Jameel abuse - collateral purpose abuse - common interest privilege - truth - honest opinion - slander per se - "office" or "calling" - Defamation Act 1952 - Defamation Act 2013

[2017] EWHC 1498 (QB) - High Court

Judge Master Thornett

Blue v Ashley v Times Newspapers Limited

Open Justice - Disclosure - Application by a non-party for court documents - Power of the court to provide documents to a non-party - CPR 5.4C - CPR 32.12 -  CPR 32.13

[2017] EWHC 1553 (Comm) - Commercial Court

Judge Mr Justice Leggatt

R v Jemma Beale

Sexual Offences Amendment Act 1992 - anonymity - Contempt of Court Act 1981 - postponement of reporting

[2017] EWCA 1012 (Crim) - Court of Appeal Criminal Division

Judge Sharp LJ, Popplewell J, Warby J

Markham and Anor v R

Reporting restrictions - children - s45 Youth Justice and Criminal Evidence Act 1999 - excepting direction - Article 8 - Article 10

[2017] EWCA Crim 739 - Court of Appeal Criminal Division

Judge The President of the QBD (Sir Brian Leveson), Blake J, Lewis J

Ahmed v (1) Express Newspapers (2) Associated Newspapers Ltd

Defamation - s.1 Defamation Act 2013 - serious harm - Jameel grounds - Strike Out CPR 3.4(2) - Summary Judgment CPR 24

[2017] EWHC 1845 (QB) - High Court, Queens Bench Division

Judge Sir Michael Tugendhat (sitting as Judge of the High Court)

Stunt v Associated Newspapers

data protection – the data protection act 1998 – s.32(4) – stay in data protection claims

[2017] EWHC 695 (QB) - High Court, Queen's Bench Division

Judge Mr Justice Popplewell

Lisle-Mainwaring v Associated Newspapers Ltd & Anor

Defamation – offer of amends – s3(5) defamation act 1996 – Burstein mitigation – s12 Defamation Act 1952 – special damages - removal of republication

[2017] EWHC 543 (QB) - High Court, Queen's Bench Division

Judge HHJ Parkes QC

Bains, Kazan-Allen & VNP v Moore, K2 Intelligence Ltd & Bigazzi

Breach of Confidence- Misuse of Private Information - Breach of statutory duty under the Data Protection Act 1998 - Interim Remedies - Delivery Up - Procedure - need for Particulars of Claim

[2017] EWHC 242 (QB) - Queen's Bench Division

Judge Sir Michael Tugendhat

Basuta v Dhemrait

Malicious prosecution - permission to appeal - extensions of time - Denton principles

[2017] EWHC 1126 (QB) - High Court

Judge Whipple J

Norman v Norman

Court of Appeal - anonymity orders – financial remedy proceedings

[2017] EWCA Civ 49 - Court of Appeal (Civil Division)

Judge Gloster, King and Lewison LJJ

Barron v Collins

Defamation – slander - libel - offer of amends – s3(5) Defamation Act 1996 – political libels – aggravating conduct during the offer of amends procedure

[2017] EWHC 162 (QB) - High Court of Justice, Queen's Bench Division

Judge Mr Justice Warby

Wade & Perry v British Sky Broadcasting Limited

Television Format Rights - Breach of Confidence - Confidential Information - Protection of Combination of Features - Inferences Drawn from Findings of Fact - Need to Challenge Evidence by Cross Examination

[2016] EWCA Civ 1214 - Court of Appeal

Judge Briggs LJ, Floyd LJ and Christopher Clarke LJ

Begg v BBC

Libel – Justification – Meaning - Broadcasting – Islam – Extremism

[2016] EWHC 2688 (QB) - High Court of Justice, Queen's Bench Division

Judge Haddon-Cave J

Alcott v Ashworth (No. 2)

1980 Hague Convention - Children Act 1989 - Administration of Justice Act 1960 - Open Justice - Transparency - Family Courts - child abduction - privacy injunctions - reporting the courts - contempt of court  

[2016] EWHC 2414 (Fam) - High Court (Family Division)

Judge Alex Verdan QC sitting as a Judge of the High Court

AQA v Newsquest & ors

Injunctions - Misuse of Private Information - Without Notice - section 12 Human Rights Act - Open Justice - Coroners' Court

n/a - High Court of Justice

Judge Mrs Justice May

C (A Child)

The publication of a judgment in care proceedings relating to Child C should not be delayed in order to protect any potential appeal by C's father against his conviction for the murder of C's elder sibling.

[2016] EWCA Civ 798 - Court of Appeal

Judge Master of the Rolls, Macfarlane LJ, & Burnett LJ

Alexander Economou v David de Freitas

Libel - newspapers, radio, television - identification - responsibility for publication - meaning - serious harm - publication on matter of public interest - Defamation Act 2013 sections 1 and 4

[2016] EWHC 1853 (QB); [2017] EMLR 4 - High Court, Queen's Bench Division

Judge The Honourable Mr Justice Warby