Copyright - Broadcasts - Criminal offences - ss.6, 297(1) Copyright, Designs and Patents Act 1988 - EC Directive 93/83 - Dishonestly receiving programme included in broadcasting service provided from place in UK with intent to avoid payment of applicable charge - Place from which broadcasting service provided - Transmission by continuous chain of communications - Intent
Defamation - Libel - Defences - Justification - Lucas-Box meaning - Whether Lucas-Box meaning severable and distinct from meaning complained of - Whether proportionate to allow issues raised by Lucas-Box meaning to be tried
Defamation - Libel - Defences - Reynolds privilege- Public interest - Responsible journalism - Letter to editor - Whether letter writer could rely on Reynolds privilege
Privy Council - Royal College of Veterinary Surgeons - Professional discipline - Appeal on penalty - Inadequate reasons - Distinction between removal and suspension - Effect of power to reinstate - Mitigation - Necessity of sanction
Article 8 - Right to private life - Right to reputation - Article 10 - Freedom of expression - Defamation - Libel - Political criticism - Value judgments
Human rights - Freedom of expression - Art 10, ECHR - Necessary in a democratic society - Protection of the reputation of others - Defamation - Criminal defamation - Statements on matter of public interest - Political discussion
Disclosure in aid of inferior tribunal - Coroner's Court - CPR Part 34.4 - Protection of journalistic sources - s.10 Contempt of Court Act 1981 - Interests of justice
Human rights - Freedom of expression - Article 10, ECHR - Defamation - Value judgments - Requirement to prove truth - Balance - Public interest - Responsible journalism - Exaggeration and provocation - Dissemination of the statements of others
Human Rights - Freedom of expression - Art 10, ECHR - Privacy - Art 8, ECHR - Fair trial - Art 6, ECHR - Defamation - Libel - Proportionality of damages and penalties - Value judgments and facts - Republication in the media
Trade marks - Applications - Application for trade marks in 'bad faith' - Relevance of legal advice in determining 'bad faith'
Passing off - Goodwill - Subsistence of goodwill in absence of commercial activity
Copyright - Artistic works - Duration - Exploitation of artistic work by industrial process - S.52, Copyright, Designs and Patents Act 1988 - Infringement - Substantial part
Defamation - Libel - Qualified Privilege - Responsible journalism and authorship- Fair and accurate court reports - Reportage- Whether book protected by qualified privilege at common law
Freedom of expression - European Convention for the Protection of Human Rights, Article 10 - Broadcasting - Licences - Article 13, ECHR - Effective remedy
Infringement of Trade Marks for "Smell-Alike" replica perfumes - "Unfair Advantage" - References to European Court - Use of comparison tables - Art 5(1)(a), 5(2) and 6(1)(b) Directive 89/104 on Trade Marks 1988 - Passing off - Unfair competition
Freedom of information - Medical records - Access to medical records of deceased by mother - Exemptions from disclosure - Freedom of Information Act 2000, s.41
Sports law - Contract - Professional football player's contract to use claimant's products - Option to extend contract - Exercise of option - Player wishing to enter into contract with third party
Reporting restrictions - Contempt of Court Act 1981, ss.4(2), 11 - Scope of orders - Whether s.4(2) order could be used to postpone publication indefinitely - Whether s.11 order could prohibit publication of speculation
Defamation - Conflict of laws - Jurisdiction - Scope of Council Regulation (EC) No 44/2001, art 1(1) - Claimant suing in place where harmful event occurred - Libel claim over letter sent by bank in Netherlands - Bank's reliance on state immunity - Whether claim "civil … matter"
Defamation - Libel - Qualified privilege - Reynolds privilege - Dispute between members of political party - Allegations of commission of criminal offences - Reportage
Contempt - Reporting restrictions - Private hearing - Party disclosing information to journalist - s.12 Administration of Justice Act 1960 - CPR Part 39.2(3)
Prior restraint – Interim Injunctions – Human Rights Act section 12(3) – European Convention on Human Rights Article 10 – Comparative Advertising – Libel – Malicious Falsehood – Trade Marks
Sport - football - player registration - breach of rules - Disciplinary Commission - fine imposed - no points deducted - third party club complaints - alleged illegality in decision - alleged failure of FAPL to investigate and take further disciplinary measures - relief sought required reconsideration and new charges - arbitration of those issues under FAPL rules - no relief granted
Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Whether necessary in a democratic society - Conviction of publisher for publication of separatist propaganda
Breach of confidence - Nature of confidential matter - Enforceability of obligation of confidence post-publication - Causing loss by unlawful means - Test of intention as an ingredient - Unlawful means
Harassment - Trespass - Injunction - Representative Capacity of Defendant - CPR 19.6(4) - Enforcement of Order - Power of Arrest under Protection from Harassment Act 1997.
Prior restraint – Interim Injunctions – Human Rights Act section 12(3) – European Convention on Human Rights Article 10 – Comparative Advertising – Libel – Malicious Falsehood – Trade Marks
Comparative advertising – Identifying a competitor or the goods or services offered by a competitor – Goods or services satisfying the same needs or with the same purpose – Reference to designations of origin
Defamation - Justification defence struck out - Jury to determine quantum of damages - Effect of the prior reasoned judgment re the strike out on vindicatory element of the jury award
Right to respect for private life and correspondence - Article 8, European Convention on Human Rights - Scope of "private life" and "correspondence" - Whether interference "in accordance with the law" - Monitoring of telephone calls, email and internet usage at work - No policy in place - No statutory provision for such monitoring
Reporting restrictions - Care proceedings - s. 12 Adminstration of Justice Act 1960 - Disclosure - Anonymised judgments - Contra mundum order to protect medical expert witnesses, treating doctors, social workers and other witnesses in care proceedings - Interim orders - Practice and procedure - s. 12 Human Rights Act 1998 -Duration of order - Requirement of notice
Data protection - Personal data - Selection of information from manual and electronic files - Whether “processing” of data - Whether processing unfair - Damages - Causation - Quantum - Damage to reputation - ss 1(1), 13, Sch 1, Pts 1, II, Data Protection Act 1998
Copyright - Graphic works - Literary works - Infringement - Substantial part - Idea/expression - Computer software - Series of graphic works - s.4(2) Copyright, Designs and Patents Act 1988
Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Necessary in a democratic society - Relevant and sufficient reasons for interference - Defamation - Satirical commentary - Statement that views not in fact expressed
Criminal law - s.1 Malicious Communications Act 1988 - Sending indecent or grossly offensive articles with purpose of causing distress or anxiety - Freedom of expression - Freedom of thought, conscience and religion - Articles 9 and 10, European Convention on Human Rights - Political or educational intent - Whether images of aborted foetuses 'indecent or grossly offensive'
Human rights - Freedom of expression - Article 10 - Necessity of interference in a democratic society - Sufficiency of reasons - Articles criticising authorities - Prosecution for endangering national security, territorial integrity and public safety and order