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
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.
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
Defamation - Libel - Trial of Preliminary Issue on Meaning - Whether words complained of are defamatory - The actual meaning of the words complained of
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)
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
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
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
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
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
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
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
Article 8, ECHR - Right to respect for private life - Victim status - Domestic remedies - Positive obligations - Availability of injunctive relief - Margin of appreciation - No violation
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
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
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
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
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
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
Privacy - Injunction – Anonymity order – 'Super-injunction' – Article 8 ECHR - Failure to serve proceedings on defendant – Breach of undertaking - Final order
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
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
Defamation – Malicious falsehood – Amendment – Application to amend defence to malicious falsehood claim to plead honest comment – Whether amendment should be permitted
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
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
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