Cases
Active filters:
Area of work: Defamation and Malicious Falsehood [clear]
Year: 2010 [clear]
Defamation - Libel - Qualified privilege - Local Authority duties - Public Authorities - Anti-social behaviour - Violent Persons Register - Article 8 - Necessity and proportionality of publication - Human Rights Act 1998
[2010] EWCA Civ 1171 - Court of Appeal
Judge Ward, Thomas, Richards LLJ
Libel - Defamation - Honest comment - Abuse of process - Summary judgment - Meaning
Libel - Striking out - Delay - Non compliance with court orders - CPR Rule 3.4(2)(c) - Litigants in Person - Article 10, ECHR
Defamation - Fair comment - Extent to which defence requires that the comment should identify the matter to which it relates
[2010] UKSC 53 - The Supreme Court
Judge Lords Phillips, Rodger, Walker and Brown and Sir John Dyson
Defamation - Adjournment – Refusal of adjournment – Delay – Legal representation – Fair trial – Litigant in person - Right to jury trial - Waiver
Defamation - Meaning - Summary judgment - Malice - Civil restraint order
Libel – Publication – Twitter – Preliminary issue – Substantial tort – Abuse of process
Defamation - Summary disposal - Damages - Civil Restraint Order
Libel - Stay - Application to lift stay - Strike out - CPR r.3.4(2) - Reasonable grounds for bringing claim - Abuse of process - Summary judgment - Qualified privilege - s.15, Defamation Act 1996 - Report of council press release - Justification
Defamation – Human Rights Act 1998 – Arts 8 and 10 ECHR - Striking out – Rule in Derbyshire v Times Newspapers – collateral purpose – Jameel abuse of process
Defamation - Libel - Abuse of process - Whether action should be struck out in accordance with
Jameel v Dow Jones - Section 12 Defamation Act 1952 - Actions against different publishers - Whether settlement with one makes it an abuse to continue against the other
Libel - privacy - limitation period - publication - abuse of process
Libel - Interim injunction - Freedom of expression - s.12 Human Rights Act 1998 - Article 10, ECHR - 'Solicitors from Hell' website
Defamation - publication on the internet - damages
Defamation - Libel - Reference - Context - Hyperlinks - Whether, in context, words capable of referring to claimant in pleaded defamatory meaning
Defamation - Libel - Costs - Conditional fee agreement - Staged success fee - Whether amount of success fee sought reasonable - Proportionality - Whether overall fees claimed reasonable
[2010] EWHC 90174 (Costs) - Senior Courts Costs Office
Judge Master Campbell, Costs Judge
Libel - Abuse of process - Strike out - Damages award out of proportion to time and costs
Libel - Reynolds privilege - Public interest - Responsible journalism - Continued internet publication following receipt of new information - Appellate jurisdiction
[2010] EWCA Civ 804; [2010] EMLR 26; [2010] HRLR 30; Times, July 27, 2010 - Court of Appeal
Judge Master of the Rolls, Moore-Bick LJ, Moses LJ
Libel - Qualified privilege - Meaning - Malice - Summary judgment - Strike out - Abuse of process - Section 5, Defamation Act 1952
Defamation - Freedom of expression - Article 10, ECHR
Application no. 37751/07 - European Court of Human Rights
Judge Bratza, Garlicki, Mijovi, Bjrgvinsson, ikuta, Poalelungi, Niemi, Early
Libel - Mode of trial - Jury or judge alone - Prolonged examination of documents - Convenience of trial with jury - Discretion - s.69 Senior Courts Act 1981
[2010] EWCA Civ 730 - Court of Appeal (Civil Division)
Judge Neuberger MR, Maurice Kay VP and Sedley LJJ
Defamation – Slander - Strike out - Summary judgment - Abuse of process – Qualified privilege – Reply to attack -Skeleton argument
[2010] EWCA Civ 716 - Court of Appeal
Judge May P, Carnwith and Moore-Bick LJJ
Defamation – Libel – Summary judgment - Determination of meaning – Whether words capable of bearing defamatory meaning – Threshold of seriousness
Libel - Slander - Limitation period - Disapplication of limitation period - s.32A Limitation Act 1980 - Appeal
Defamation - Abuse of process - No real or substantial tort - Collateral purpose - Qualified privilege - Reynolds privilege
Defamation - Libel - Justiciabillity of claim - Issues of religious doctrine - Regulation or governance of religious groups
Defamation - Slander - Delay - Strike out - Unless order - Relief from sanction - CPR r.3.9
Defamation - Application for specific disclosure and/or further information to support allegation of judicial bias
Libel - Summary judgment - Defamatory meaning - Whether articles in newspaper to be read together - Justification - Fair comment - Whether real prospect of rebutting defences
Libel - Offer to make amends - Defamation Act 1996, ss.2 - 4 - Compensation - Costs - Rejection of settlement offers
Libel – Fair comment (‘honest opinion’) – Whether words fact or comment/opinion
[2010] EWCA Civ 350; [2011] EMLR 1 - Court of Appeal (Civil Division)
Judge Judge LCJ, Neuberger MR and Sedley LJ
Defamation - Libel - Defamatory meaning - CPR 53 PD 4.1 - Whether words complained of are capable of bearing the meanings pleaded in the Particulars of Claim - Whether words complained of are capable of bearing any meaning defamatory of the Claimant
Libel - Meaning - Aggravated damages
Defamation - Civil Evidence - Disclosure - Duty of Search - Electronic Documents - Deleted Emails - Restoration of Back up tapes - CPR Practice Direction 31
[2010] EWCA Civ 516 - Court of Appeal (Civil Division)
Judge Pill LJ, Smith LJ, Wilson LJ
Defamation - Slander - Strike out - Summary judgment - Qualified privilege - Malice - Abuse of process
HQ09X02688 - High Court
Judge Master Fontaine
Defamation - Libel – Liability for publication – Justification – Damages – Joint tortfeasors
Media Law - Defamation - Libel - Disclosure - CPR 31.22 - Corrective witness statement to explain change of stance - CPR 18 - Appeal from decision of Master whether to Order the Claimant to produce the original of his United States Security Card
Defamation - Human rights - Article 10, European Convention on Human Rights
Application no. 48195/06 - European Court of Human Rights (First Section)
Judge Rozakis P, Vajic, Kovler, Hajiyev, Speilmann, Jebens, Nicolaou
Defamation - Human Rights - Article 10, ECHR
Application no. 571/04 - European Court of Human Rights
Judge Bratza P, Garlicki, Bonello, Mijovic, Hirvela, Bianku, Vucinic