Cases

Active filters: Year: 2011 [clear]

Dell’Olio v Associated Newspapers Ltd

Libel - ruling on meaning - whether pleaded meaning possible - approach to question whether words can bear any other defamatory meaning - relevance of Pre-Action Protocol and letter of claim - pleaded meaning impossible - C identified no other meaning of which she might complain - action dismissed

[2011] EWHC 3272 (QB) - Queen's Bench Division

Judge Tugendhat J

Morrison v Buckinghamshire County Council

Libel – public authority defendant – qualified privilege for public authority – amendment – malice – summary judgment

[2011] EWHC 3444 (QB) - Queens Bench Division

Judge HH Judge Richard Parkes QC sitting as a Judge of the High Court

Zinda v ARK Academies

Defamation - limitation - discretion to disappy limitation - qualified privilege - malice

[2011] EWHC 3394 (QB) - High Court (Queen's Bench Division)

Judge Eady J

Dominic Raab MP v Associated Newspapers Ltd

Libel - application for stay  - strike out - abuse of process - overriding objective - Art 10 ECHR - ability to defend a claim - Dominic Raab MP - Associated Newspapers Ltd - employment dispute - settlement agreement - confidentiality clause

[2011] EWHC 3375 (QB) - QBD

Judge Tugendhat J

Terluk v Berezovsky (No.2)

Defamation -appeal- damages- meaning- liability for republication- privilege- justification – fresh evidence - jury trial

[2011] EWCA Civ 1534 - Court of Appeal

Judge Chancellor of the High Court, Laws LJ and Rafferty J

Waterson v Lloyd (No 2)

Amendment - part 24 - summary judgment - delay - justification

[2011] EWHC 3292 (QB) - QBD

Judge Tugendhat J

Cooper v Turrell

Libel - breach of confidence - misuse of private information - assessment of damages - injunctions

[2011] EWHC 3269 (QB) - High Court, QBD

Judge Tugendhat J

Waterson v Lloyd

summary judgment - part 24 - defamation - comment or fact - meaning - innuendo meaning - honest comment - newspapers - elections

[2011] EWHC 3197 (QB) - QBD

Judge Tugendhat J

McKeown v Attheraces Ltd (No 2)

Libel - jockey - broadcast interview - allegations of deliberate non-trying - permission to amend defence - adding Reynolds defence - other defences - reporting privilege - comment - justification - mode of trial - preliminary issue - C was a senior jockey who sued D for libel over a broadcast interview which he argued meant that he was a corrut jockey who had repeatedly, for corrupt reasons, stopped horses from winning. The defences were privilege, honest comment and justificaiton. The court held that the trial of the issues raised should be by Judge alone, but that all the issues should be tried together.

[2011] EWHC 3232 (QB) - Queen's Bench Division

Judge Eady J

STU v UVW

Misuse of private information - interim injunction - anonymity - open justice

[2011] EWHC 3133 (QB) - High Court (Queen's Bench Division)

Judge Tugendhat J

CTB v News Group Newspapers

CPR 53 PD 6.3 - statements in open court - privacy - misuse of private information - part 36

[2011] EWHC 3099 (QB) - QBD

Judge Eady J

Davison v Habeeb & Ors

Defamation – Service out of jurisdiction - Internet blogs – Liability of blog hosting provider for publication at common law – Immunity under Reg. 19 Electronic Commerce (EC Directive) Regulations 2002

[2011] EWHC 3031 (QB) - QBD

Judge HHJ Richard Parkes QC

(1) Ting Lan Hong (2) Child KLM v XYZ & Ors

Harassment - Interim Injunction - Application without Notice - Protection from Harassment Act 1997 s.1(1)(a)

[2011] EWHC 2995 (QB) - Queen's Bench Division

Judge Tugendhat J

Miller v Associated Newspapers Limited (No 2)

Defamation - Libel - Trial of Preliminary Issue on Meaning - Whether words complained of are defamatory - The actual meaning of the words complained of

[2011] EWHC 2677 (QB) - Queen's Bench Division

Judge Tugendhat J

Tesla Motors Ltd v BBC

Malicious Falsehood - Particulars of Claim - Particulars of Damage - Defamation Act 1952 s. 3

[2011] EWHC 2760 (QB) - High Court QBD

Judge Tugendhat J

eDate Advertising GmbH v X and Olivier Martinez and Robert Martinez v MGN Limited

ECJ- conflicts of law- personality rights – online publication- jurisdiction in which to sue- Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12) – Article 3(1) and (2) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ 2000, L178, p1) 

C-509/09 and C-161/10 - ECJ

Judge Judgment of the Grand Chamber

Kordowski v Hudson

Slander - abuse of process - summary disposal

[2011] EWHC 2667 (QB) - QBD

Judge Tugendhat J

Crookes v Newton

Defamation - Publication - Liability for Hyperlinks - Internet - Supreme Court of Canada

2011 SCC 47 - Supreme Court Canada

Judge McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ

Sleeman v Panchaud

Defamation -- Injunctions - Without Notice Injunctions - Bonnard v Perryman - Practice & Procedure - s.110 Patents Act 1997 - Unauthorised Claim of Patent Rights

- Queen's Bench Division

Judge Mr Justice Tugendhat

Adelson v Anderson

delay - Jameel abuse - availability of witnesses - enforceability of English judgments in the USA

[2011] EWHC 2497 (QB) - QBD

Judge Tugendhat J

Ferdinand v MGN Ltd

Misuse of private information - Breach of confidence - Balancing Exercise - Article 8 Right to Privacy - Article 10 Right to Freedom of Expression - Public interest - False or misleading image - Debate of General Interest - Footballers - Kiss and Tell

[2011] EWHC 2454 (QB) - Queen's Bench Division

Judge Nicol J

Al-Amoudi v Kifle

Libel - assessment of damages

[2011] EWHC 2037 (QB) - QBD

Judge HHJ Richard Parkes QC

Attorney-General v (1) MGN Limited (2) News Group Newspapers Ltd

NEWSPAPERS – COMMITTAL FOR CONTEMPT – STRICT LIABILITY – SECTION 2(2) CONTEMPT OF COURT ACT 1981 – SUBSTANTIAL RISK OF SERIOUS PREJUDICE OR IMPEDIMENT TO COURSE OF JUSTICE

[2011] EWHC 2074 (Admin) - Queen’s Bench Division (Admin)

Judge Lord Chief Justice, Thomas LJ, Owen J

Farid El Diwany v Ministry of Justice

immunity of states - defamation - Lugano convention 2007 - strike out - abuse of process - internet publication

[2011] EWHC 2077 (QB) - QBD

Judge Sharp J

Modi & IMG v Clarke

Appeal - Permission to Appeal - Defamation - Libel - Meaning - Whether the Judge was correct to rule that the words complained of were incapable of bearing any meaning defamatory of either Claimant

[2011] EWCA Civ 937 - Court of Appeal

Judge Master of the Rolls, Thomas and Moses LLJ

Lait v Evening Standard Ltd (CA)

Libel - MPs' expenses - Honest comment - Summary judgment - Justification - Jameel abuse - Summary judgment for D on honest comment - Residual claims dismissed as an abuse - Appeal - Single meaning rule - Alleged breach of rule by Judge - Single meaning rule applies to comment - Judge did not err - Jameel jurisdiction part of law's balancing of rights

[2011] EWCA Civ 859; [2011] 1 WLR 2973; [2012] EMLR 4 - Court of Appeal

Judge Lord Neuberger MR, Laws & Longmore LJJ

Wright v Caan

Defamation - Libel - Meaning - Natural and ordinary meaning - Innuendo meaning - Whether words complained of capable of bearing meanings pleaded - Whether innuendo properly pleaded - Malicious falsehood - Whether words complained of capable of being likely to cause pecuniary damage - Whether claims in malicious falsehood properly pleaded - Application to amend particulars of claim

[2011] EWHC 1978 (QB) - Queen's Bench Division

Judge HHJ Parkes QC

Thornton v Telegraph Group (No. 4)

Defamation - Malicious Falsehood - offer of amends - malice - knowledge - Defamation Act 1996

[2011] EWHC 1884 (QB) - High Court, Queen's Bench Division

Judge Tugendhat J

Hutcheson v News Group Newspapers Ltd

Privacy - Injunction - Public interest -  s 12(3) Human Rights Act

[2011] EWCA Civ 808; [2012] EMLR 2; [2012] UKHRR 1329 - Court of Appeal (Civil Division)

Judge Lord Neuberger MR, Etherton & Gross LJJ

Ashcroft v Foley (No 2)

Libel - pleading - justification - honest comment - application for permission to amend - serious allegations - clarity - particularity - relevance - evidential sufficiency - test for pleading justification of serious allegations

[2011] EWHC 1710 (QB); [2011] EMLR 30 - Queen's Bench Division

Judge Eady J

R (Bonhoeffer) v GMC

Judicial review - disciplinary proceedings - General Medical Council - fitness to practice - doctor - serious allegations - hearsay evidence - fairness - Article 6 ECHR - Panel decision to admit - challenge by practitioner - evidence yet to be heard - whether availability of subsequent appeal sufficient remedy - reliance on hearsay unfair

[2011] EWHC 1585 (Admin) - Administrative Court

Judge Laws LJ, Stadlen J

Caplin v Associated Newspapers Ltd

Defamation - Meaning - Capability - Bane and antidote - CPR PD 53 4.1

[2011] EWHC 1567 (QB) - High Court Queen's Bench Division

Judge Sharp J

Goodwin v News Group Newspapers Ltd (No 3)

Injunctions - Privacy - Sexual Relationship - Public Interest - Press - Variation - Anonymity

[2011] EWHC 1437 (QB) - Queen's Bench Division

Judge Tugendhat J

Araci v Fallon

Sport - horseracing - jockey - 1 year retainer contract - request to ride C's horse in Epsom Derby - anticipatory breach - contract for services - express negative obligations - injunction - whether injunction oppressive - whether damages an adequate remedy

[2011] EWCA Civ 668 - Court of Appeal

Judge Jackson LJ, Elias LJ

Modi v Clarke; IMG v Clarke

Defamation - Libel - Costs - Defamation Proceedings Costs Management Scheme - Practice Direction 51D - Whether it is necessary or appropriate under the Scheme to refer a Master or Judge to settlement offers

[2011] EWHC 1324 (QB) - Queen's Bench Division

Judge Tugendhat J

CTB v News Group Newspapers Ltd (No 2)

Privacy - Misuse of private information - Article 8, European Convention on Human Rights - Interim injunction - Blackmail - Anonymity - Public domain

[2011] EWHC 1326 (QB) - Queen's Bench Division

Judge Eady J

CTB v News Group Newspapers Ltd (No 3)

Privacy - Misuse of private information - Article 8, European Convention on Human Rights - Interim injunction - Blackmail - Anonymity - Public domain

[2011] EWHC 1334 (QB) - Queen's Bench Division

Judge Tugendhat J

CTB v News Group Newspapers Ltd

Privacy - Misuse of private information - Article 8, European Convention on Human Rights - Interim injunction - Blackmail - Anonymity - Public domain

[2011] EWHC 1232 (QB) - Queen's Bench Division

Judge Eady J

Morgan v A Local Authority (Re X, Y and Z)

Family Proceedings – Publicity – Identification of experts – Disclosure of expert reports to media

[2011] EWHC 1157 (Fam) - High Court (Family Division)

Judge President of the Family Division

Mosley v UK

Article 8, ECHR - Right to respect for private life - Victim status - Domestic remedies - Positive obligations - Availability of injunctive relief - Margin of appreciation - No violation

Application no. 48009/08; [2012] EMLR 1 - European Court of Human Rights

Judge Garlicki, Bratza, Mijovic, Bjorgvinsson, Hirvela, Bianku, Vucinic

Bacon v Automattic Inc

Libel - Disclosure - Norwich Pharmacal - Foreign Websites - Respondents outside jurisdiction - Permission to serve application outside jurisdiction - alternative service of Claim Form by e-mail - Jurisdiction to order

[2011] EWHC 1072 (QB) - Queen's Bench Division

Judge Tugendhat J

OPQ v BJM

Privacy - Human Rights - Injunctive relief - Injunctions - Spycatcher - Contra mundum - third parties - media

[2011] EWHC 1059 (QB) - Queen's Bench Division

Judge Eady J

H and L v A City Council (CA)

Human rights - Article 8 - Right to respect for private and family life - Judicial review - Disclosure of conviction by local authority - Procedural safeguards - Local authority powers

[2011] EWCA Civ 403 - Court of Appeal (Civil Division)

Judge Pill, Hooper and Munby LJJ

Ambrosiadou v Coward (CA)

Privacy – interim injunction – document created for foreign matrimonial proceedings supplied by Defendant to media in this jurisdiction – whether judge should have granted injunction despite assurance given by Counsel on Defendant’s behalf – relevance of ‘Spycatcher’ doctrine

[2011] EWCA Civ 409 - Court of Appeal (Civil Division)

Judge Lord Neuberger of Abbotsbury MR, Leveson and Pitchford LJJ

Awdry Bailey and Douglas v Kordowski

Libel - strike out - summary judgment - publisher  -  section 1 Defamation Act 1996 - qualified privilege - abuse of process - amendments - online publication

[2011] EWHC 785 (QB) - High Court, QBD

Judge Tugendhat J

White v Southampton University Hospitals NHS Trust

Libel - strike out - summary judgment - absolute privilege - qualified privilege - communications to professional bodies - General Medicial Council - use of material disclosed in the course of proceedings

[2011] EWHC 825 (QB) - Queen's Bench Division

Judge Eady J

Lewis v Commissioner of Police for the Metropolis

Defamation - Libel - Mode of trial - Senior Courts Act s.69 - Meaning - Amendment - Qualified privilege - Malice - Abuse

[2011] EWHC 781 (QB) - Queen's Bench Division

Judge Tugendhat J

Cook v Telegraph Media Group Ltd

Defamation - Part 24 - Justification - Honest comment - Reynolds privilege - Mode of trial

[2011] EWHC 763 (QB - Queen's Bench Division

Judge Tugendhat J

Bowker v RSPB

Defamation – Libel - Defamatory meaning - Mode of trial – Summary judgment - Qualified privilege – Malice – Scientific issues

[2011] EWHC 737 (QB) - Queen's Bench Division

Judge Sharp J

Baturina v Times Newspapers Ltd (CA)

Defamation – Innuendo meanings – Strict liability – Requirement to plead publishees with knowledge of relevant facts – Liability for third party re-publications - Foreseeability of damage – Jameel abuse of process

[2011] EWCA Civ 308 - Court of Appeal (Civil Division)

Judge Lord Neuberger of Abbotsbury MR, Sedley and Hooper LJJ

Goldsmith & Anor v BCD; Khan v BCD

Privacy - Injunction – Anonymity order – 'Super-injunction' – Article 8 ECHR - Failure to serve proceedings on defendant – Breach of undertaking - Final order

[2011] EWHC 674 (QB) - Queen's Bench Division

Judge Mr Justice Tugendhat

RJA v AJR

  Privacy - Breach of Confidence - Misuse of Private Information - Derogations from Open Justice -  Whether the hearing should take place in private - whether anonymity should be continued

- Queen's Bench Division

Judge Sharp J

A (A Child) v Cambridge University Hospital NHS Foundation Trust

Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - criteria for order prohibiting identification - order made under section 39 - question is whether sufficient general public interest in a report which identified the claimant to justify any resulting curtailmment of his and  his family's right to respect for private life - no such general interest - risk object of proceedings would be defeated

[2011] EWHC 454 (QB); [2011] EMLR 18 - Queen's Bench Division

Judge Tugendhat J

Allen v The Grimsby Telegraph

Injunction - Reporting restrictions - s.11 Contempt of Court Act 1981 - s.4(2) Contempt of Court Act 1981 - Anonymity - Public interest - Freedom of expression

[2011] EWHC 406 (QB) - Queen's Bench Division

Judge Coulson J

Clift v Clarke

Libel - Norwich Pharmacal Orders - online comments - Article 8 rights of commentators

[2011] EWHC 1164 (QB) - Queen's Bench Division

Judge Sharp J

Henry v News Group Newspapers Ltd (No 2)

Libel – Non-party disclosure – CPR 31.17 - Public interest as a ground for resisting disclosure

[2011] EWHC 296 (QB) - Queen's Bench Division

Judge Tugendhat J

Hunt v Evening Standard Ltd

Libel - Strike out - Justification - Relevance of particulars of justification - Evidence of general bad character - Admissibility - CPR r.3.4(2)

[2011] EWHC 272 (QB) - Queen's Bench Division

Judge Tugendhat J

Ashcroft v Foley

Defamation - Libel - Justification - Fair comment - Honest comment - Reynolds Privilege - Strike out Defamation - Libel - Further information - Whether corporate defendant could be ordered to provide information about its means and ability to pay a costs order

[2011] EWHC 292 (QB) - Queen's Bench Division

Judge Eady J

Re Baby RB (Press Injunction)

Family proceedings - Reporting restrictions - Article 8 - Article 10

[2011] EWHC 221 (Fam) - High Court (Family Division)

Judge Macfarlane J

Hirschfeld v McGrath

Misuse of private information - Confidentiality - Marital confidences - Injunction - Consent order - Undertakings - Anonymity - Reporting proceedings

[2011] EWHC 249 (QB) - Queen's Bench Division

Judge Tugendhat J

Iqbal v Dean Manson Solicitors

Harassment - Protection from Harassment Act 1997 - Written correspondence - Course of conduct

[2011] EWCA Civ 123 - Court of Appeal

Judge Rix, Smith, and Richards LJJ

Brady v Norman (No 2) (CA)

Defamation - limitation - section 32A of the Limitation Act 1980 - s.33 Limitation Act 1980

[2011] EWCA Civ 107 - Court of Appeal (Civil Division)

Judge Sir Anthony May P, Smith LJ and Aikens LJ

McKeown v Attheraces Ltd

Libel - jockey - disciplinary proceedings - findings of non-trying - appeal - unsuccessful judicial review - broadcast interview with jockey - defence of qualified privilege - defence of honest comment - applications by defendant - summary judgment - striking out - abuse of process - no real and substantial tort - re-litigation abuse - application dismissed

[2011] EWHC 179 (QB); [2011] ISLR, SLR-163 - Queen's Bench Division

Judge Tugendhat J

Thornton v Telegraph Media Group Ltd (No 3)

Defamation – Malicious falsehood – Amendment – Application to amend defence to malicious falsehood claim to plead honest comment – Whether amendment should be permitted

[2011] EWHC 159 - Queen's Bench Division

Judge Tugendhat J

JIH v News Group Newspapers Ltd (CA)

Injunction - Anonymity order - Privacy - Misuse of private information - Open justice - Article 8 ECHR - Article 10 ECHR - Reporting restrictions

[2011] EWCA Civ 42 - Court of Appeal

Judge Master of the Rolls, Kay & Smith LJJ

Wallis v Meredith

Libel - Abuse of process - Jameel - Publication only to Claimant's solicitor - Reliance on Defendant's refusal to specify further publishees as evidence of further publications

[2011] EWHC 75 (QB) - Queen's Bench Division

Judge Christopher Clarke J

Re MGN Ltd

Reporting restrictions - Criminal proceedings - Blanket ban on reporting trial - Contempt of Court Act 1981, s.4(2) - Effect of contemporaneous reporting on witnesses at trial

[2011] EWCA Crim 100 - Court of Appeal (Criminal Division)

Judge Lord Chief Justice, Eady , Simon JJ

Woodbridge v Stapleton

Libel - Qualified privilege - Malice - Summary judgment - Strike out - Jameel v Dow Jones - Abuse of process - Proportionality

Unreported, 20 January 2011 - Queen's Bench Division

Judge Mackay J

MGN Ltd v UK

Human Rights - Breach of Confidence - Invasion of Privacy - Misuse of Private Information - Article 8 - Article 10 -European Convention on Human Rights - whether the award of damages for breach of confidence due to the publication of details concerning Ms Naomi Campbell's treatment for drug addiction, together with the impugned photographs, constituted a disproportionate interference with MGN's right to freedom expression under article 10 Human Rights- - Breach of Confidence - Invasion of Privacy - Misuse of Private Information - - Article 8 - Article 10 -European Convention on Human Rights - Costs - Conditional Fee Agreement - Success Fees - whether the award of costs, including success fees, constituted a disproportionate interference with MGN's right to freedom of expression under article 10

Application No 39401/04 - European Court of Human Rights

Judge Mijovic, Bratza, Bjorgvinsson, Hirvela, Bianku, Vucinic, de Gaetano

Henry v News Group Newspapers Ltd

Libel – Non-party disclosure – CPR 31.17

Unreported, 13 January 2011 - Queen's Bench Division

Judge Tugendhat J

Jan Cambridge v Guillermo Makin

Libel - trial - judge alone - justification - qualified privilege - malice - joint tortfeasors - damages

[2011] EWHC 12(QB) - QBD

Judge Mr Justice Tugendhat