Cases

Active filters: Year: 2012 [clear]

Bristol City Council v News Group Newspapers Ltd

Care Proceedings – Publication of Facts and Reasons from Family Proceedings Court – Injunction – Article 10 – Article 8

[2012] EWHC 3748 (Fam) - High Court (Family Division)

Judge Baker J

Miller v Associated Newspapers Ltd

Defamation - libel - justification - cronyism - willing beneficiary - Chase level 2 meaning - reasonable grounds to suspect  - what has to be proved - whether proof made out - abuse of process - disproportionate cost - damages

[2012] EWHC 3721 (QB) - Queen's Bench Division

Judge Sharp J

Cammish v Hughes (CA)

Libel – meaning – fact or comment – honest comment and single meaning rule - Jameel abuse – costs as a condition of dismissal

[2012] EWCA Civ 1655 - Court of Appeal

Judge Arden LJ; Lloyd Jones LJ; Tugendhat J

Price v Powell

Privacy - strike out - Jameel - abuse of process - Article 8 - Article 10

[2012] EWHC 3527 (QB) - High Court, Queen's Bench Division

Judge Tugendhat J

Mengi v Hermitage (No 2)

Libel - internet blog - justification - reply to attack qualified privilege

[2012] EWHC 3445 (QB) - High Court, Queen's Bench Division

Judge The Honourable Mr Justice Bean

Rugby Football Union v Viagogo Ltd

Disclosure - Norwich Pharmacal Order - Charter of Fundamental Rights of the EU - Article 8

[2012] UKSC 55 - Supreme Court

Judge Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Reed JJSC, Lord Phillips of Worth Matravers

Abbey v Gilligan

Privacy- Confidence- Media Law - Public Interest - Abuse of Process - Whether a consultant to a company had title to sue in respect of company emails obtained by the Defendants and used in the publication of an article - whether the obtaining of the emails was a breach of confidence or misuse of private information - whether the publication of the article was a breach of confidence or misuse of private information - whether there was a public interest in publishing emails - whether the action was an abuse of process

[2012] EWHC 3217 (QB) - Queen's Bench Division

Judge Tugendhat J

Ansari v Knowles

Defamation – joint tortfeasors – settlement with one joint tortfeasor – release of cause of action – satisfaction – Jameel abuse

[2012] EWHC 3137 (QB) - Queen's Bench Division

Judge Eady J

Fairstar Heavy Transport NV v Adkins

Examination of emails - Information as property – property in the content of an email

[2012] EWHC 2952 (TCC) - High Court (Technology and Construction Court)

Judge Edwards-Stuart J

Cairns v Modi; KC v MGN Ltd

Defamation - Appeal - Damages

[2012] EWCA Civ 1382 - Court of Appeal (Civil Division)

Judge The Lord Chief Justice; Lord Neuberger; Eady J

Qadir v Associated Newspapers Ltd

Defamation - qualified privilege - s 15 Defamation Act 1996 - Schedule to 1996 Act - document on public register - Particulars of Claim - extract - fair and accurate - of public concern - publication for public benefit - malice - recklessness - indifference -  common law qualified privilege - court reporting - contemporaneous - s14 Defamation Act 1996 - absolute privilege

[2012] EWHC 2606 (QB); [2013] EMLR 15 - Queen's Bench Division

Judge Tugendhat J

Michael Wilson & Partners v Sinclair

Arbitration - share ownership - C claims against E in arbitration over shares - award - C's claim dismissed - shares held by tribunal to be beneficially owned by S - C appeals the award - appeal dismissed - C sues S and others in Commercial Court - application by E to strike out or for summary judgment - re-litigation - abuse of process - claim struck out

[2012] EWHC 2560 (Comm) - Queen's Bench Division, Commercial Court

Judge Teare J

Evans v Information Commissioner & 7 Government Departments

Appeal under FOIA 2000/EIR 2004 against decisions of the Information Commissioner refusing access to HRH the Prince of Wales’ correspondence with ministers.

[2012] UKUT 313 - Upper Tribunal

Judge Walker J, Angel, Cosgrove

McClaren v News Group Newspapers Ltd

Privacy - misuse of private information - interim injunction - public figure - public interest - kiss and tell

[2012] EWHC 2466 (QB) - High Court (QBD)

Judge Lindblom J

C v Holland

New Zealand - privacy - seclusion - intimate personal space and activity - intrusion - C in shower - D installed video device - recordings made - C discovered - claim for damages - whether NZ law recognises intrusion tort - review of US and English law - liability established - damages to be assessed

[2012] NZHC 2155 - New Zealand High Court

Judge Whata J

Mengi v Hermitage (security for costs appeal)

Defamation - Libel - Security for costs - Costs Budgeting – Conditional Fee Agreement

[2012] EWHC 2045 (QB); [2012] 5 Costs LO 641 - Queen's Bench Division

Judge Mr Justice Tugendhat

Attorney General v Associated Newspapers Ltd

Contempt of Court - strict liability contempt

[2012] EWHC 2029 (Admin) - Queen's Bench Division (Administrative Court)

Judge President of the Queen's Bench Division; Tugendhat J

Crow v Johnson

Defamation - meaning - capability - strike out - CPR 3.4

[2012] EWHC 1982 (QB) - High Court (QBD)

Judge Tugendhat J

Tilbrook v Parr

Tilbrook- Parr- defamation- malicious falsehood- whether words capable of referring to Claimant- strike out –summary judgment

[2012] EWHC 1946 (QB) - QBD

Judge Tugendhat J

Tilbrook v Parr

Defamation - Reference

[2012] EWHC 1946 (QB) - High Court

Judge Tugendhat J

Handsworth Football Club v Football Assocation

Football - FA standard competition rules - C tops league - would be promoted - ground standards - C's ground below standard for promotion - below standard for current level - relegation would follow for that reason - proposed temporary use of another ground - ground-sharing prohibited to allow promotion or avoid relegation -League orders C's relegation - FA Appeal Board upholds League - arbitration challenge - dismissed

11/07/2012 - FA arbitration tribunal

Judge Mark Warby QC

King v Sunday Newspapers Ltd

King- Sunday Newspapers- Northern Ireland- personal injury- harassment- misuse of private information- Article 2 ECHR- Article 3 ECHR- Article 8 ECHR- costs order appeal- basis of costs order- injunction- damages

[2012] No NICA Ref GIR 8547 - Northern Ireland Court of Appeal

Judge Higgins, Girvan and Coghlin LJJ

Brescla Calcio SpA v West Ham United FC Plc

Arbitration - football - independence - Court of Arbitration for Sport - CAS rules - barrister arbitrator - advocate from same chambers - whether apparent independence lacking

(2012) ISLR, SLR-40 - Court of Arbitration for Sport

Judge John Coates (President of the ICAS)

MXB v East Sussex Hospitals NHS Trust

Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - reporting online - anonymity - CPR 39.2(4) - CPR 5.4C - orders for anonymity and reporting restrictions made - orders prohibiting third party access to court file made

[2012] EWHC 3279 (QB) - Queen's Bench Division

Judge Tugendhat J

WXY v Gewanter

WXY- Gewanter- Positive Profile- Burby- injunction- privacy- harassment- confidentiality- terms of draft order- whether information has entered the public domain- identity of claimant- fade factor- disclosure of persons to whom documents published- disclosure of funders of litigation

[2012] EWHC 1601 (QB) - QBD

Judge Slade J

Levi v Bates

Harassment - Protection from Harassment Act - privacy - personal injury - level of damages

1LS50081 - Leeds County Court

Judge HHJ Gosnell

Bento v Chief Constable of Bedfordshire Police

Bento- Chief Constable of Bedfordshire Police- CPS- murder- press release- defamation- justification- qualified privilege- informing the public- reply to attack- trial- damages award

[2012] EWHC 1525 (QB) - Queen's Bench Division

Judge Bean J

Majeed & Westfield v R

Sport - cricket - betting - spot fixing - criminal proceedings - conspiracy - corruption - bribery - cheating at gambling - conduct contrary to 'affairs' of employer - rulings by trial judge - pleas of guilty - appeals against conviction - appeals dismissed

[2012] EWCA Crim 1186 - Court of Appeal

Judge Lord Judge CJ, Openshaw, Irwin JJ

Trimingham v Associated Newspapers Ltd

Misuse of private information – Harassment – Breach of statutory duty pursuant to s.85 of the Copyright Designs and Patent Act 1988 – Protection from Harassment Act 1997 - Claim for damages and injunction – Article 8 - Article 10 - Freedom of Expression

[2012] EWHC 1296 (QB) - QBD

Judge Tugendhat J

Henry v News Group Newspapers Ltd (costs)

Summary costs – defamation – costs budgeting – Defamation Proceedings Costs Management Scheme – Practice Direction PD51D – ‘good reason’

PTH 1106483 - High Court (Senior Costs Office)

Judge Senior Costs Judge Hurst

King v Grundon

Libel - strike out - Jameel abuse

[2012] All ER (D) 96 (May) - High Court

Judge Sharp J

Hunt v Times Newspapers Ltd (No. 2)

David Hunt- Times Newspapers Limited- TNL- defamation- Reynolds privilege- justification- strike out application- Flood v Times Newspapers Ltd [2012] UKSC 11

[2012] EWHC 1220 (QB) - QBD

Judge Eady J

CVB v MGN Ltd

Privacy and Confidence - Anonymity - Pre-action application - Notice to Defendant - CPR Part 16 - CPR Practice Directions 7A and 16 - CPR Rule 5.4C

[2012] EWHC 1148 (QB); [2012] EMLR 29 - QBD

Judge Tugendhat J

Sullivan v Bristol Film Studios

Copyright infringement - music - High Court claim for 800,000 - small number of infringements - maximum damages 50 - case dismissed - Jameel v Dow Jones applied - appeal - challenge to judge's assessment - judge right - but small size of claim not enough to justify dismissal - court to consider if a proportionate means of disposal available

[2012] EWCA Civ 570; [2012] EMLR 27 - Court of Appeal

Judge Ward, Etherton, Lewison LJJ

Qema v News Group Newspapers Ltd

Malicious prosecution - drug and passport offences – witnessed by journalist - reported to police by journalist - C prosecuted - plea of guilty - prison sentence - Criminal Cases Review Commission - C alleges was innocent but 'set up' by journalist - CCRC recommends vacation of plea - Court vacates plea - Crown offers no evidence - not guilty verdict - C sues publisher for malicious prosecution - relies on set up to prove no reasonable and probable cause - summary judgment application by D - application granted - claim dismissed

[2012] EWHC 1146 (QB) - Queen's Bench Division

Judge Sharp J

Cammish v Hughes

Libel - meaning - strike out - Jameel - Thornton

[2012] EWHC 976 (QB) - Queen's Bench Division, High Court (Cardiff DR)

Judge HHJ Chambers QC (sitting as a Judge of the High Court)

Foley & Others v Lord Ashcroft

Defamation - libel - The Independent - allegations of involvement in corruption - pleading - justification - honest comment - defences struck out - application for permission to amend by adding back both defences - application dismissed - appeals - threshold requirements for pleading - clarity - precision of indictment - pleading fraud - appeals dismissed

[2012] EWCA Civ 423; [2012] EMLR 25 - Court of Appeal

Judge Pill LJ, Elias LJ, Sharp J

Contostavlos v Mendahun

Interim Injunction - Privacy - Video footage - Internet

[2012] EWHC 850 (QB) - High Court, Queen's Bench Division

Judge Tugendhat J

BUQ v HRE

misuse of private information- employment tribunals  - interim non-disclosure order - issue of proceedings - right to a fair trial - right to respect for private life

[2012] EWHC 774 (QB) - High Court (QBD)

Judge Tugendhat J

Church v MGN Limited

Defamation - libel - ruling on meaning - procedure - application for ruling without a hearing - direction for hearing - open justice - costs

[2012] EWHC 693 (QB); [2012] EMLR 28 - Queen's Bench Division

Judge Tugendhat J

Cairns v Modi No 2

Defamation - justification - guilt - reasonable grounds to suspect - aggravated damages

[2012] EWHC 756 (QB) - QBD

Judge Bean J

Flood v Times Newspapers Limited (SC)

Libel - Reynolds privilege - Public interest - Responsible journalism

[2012] UKSC 11 - Supreme Court

Judge Lords Phillips, Brown, Mance, Clarke and Dyson

Weston v Bates

Libel - service of claim form - service abroad - service of original or copy

[2012] EWHC 590 - Queen's Bench Division

Judge Tugendhat J

KC v MGN

Defamation - offer of amends - damages

[2012] EWHC 483 (QB) - High Court Queen's Bench Division

Judge Bean J

Gold v Cox (No.2)

Confidentiality - misuse of private information - interim injunction - adjourned hearing - form of proviso to injunction - burden of proof

[2012] EWHC 367 (QB) - High Court (Queens's Bench Division)

Judge Tugendhat J

Spelman v Express Newspapers (No. 2)

Injunction - Privacy - Public Interest -  Bonnard v Perryman -  Minors - Article 8 - Article 10

[2012] EWHC 355 (QB) - High Court, Queen's Bench Division

Judge Tugendhat J

Gold v Cox (No.1)

Confidentiality - misuse of private information - interim injunction - procedure

[2012] EWHC 272 (QB) - High Court (Queen's Bench Division)

Judge Tugendhat J

Spelman v Express Newspapers (No.1)

Injunction - Privacy - Public Interest -  Bonnard v Perryman - Anonymity of Parties - Minors - Article 8 - Article 10 - Preservation of Anonymity pending appeal

[2012] EWHC 239 - High Court, Queen's Bench Division

Judge Lindblom J

Cambridge v Makin

Defamation - libel - qualified privilege - malice

[2012] EWCA Civ 85 - Court of Appeal (Civil Division)

Judge Hughes, Black and Tomlinson LJJ

von Hannover v Germany (No. 2)

Privacy - Photographs - Article 8 - public figure- public interest - injunction - debate of general interest

(2012) 55 E.H.R.R. 15 - European Court of Human Rights (Grand Chamber)

Judge Nicolas Bratza P, Costa, Tulkens, Casadevall, Garlicki, Lorenzen, Jungwiert, Jaeger, Bjorgvinsson, Sikuta, Villiger, Guerra, Trajkovska, Tsotsoria, Kalaydjieva, Poalelungi & Pardalos JJ

Axel Springer AG v Germany

Article 8 - Article 10 - privacy - reputation - freedom of expression

Application No.39954/08 - European Court of Human Rights (Grand Chamber)

Judge Nicolas Bratza P, Costa, Tulkens, Casadevall, Garlicki, Lorenzen, Jungwiert, Jaeger, Björgvinsson, Šikuta, Villiger, Guerra, Trajkovska, Tsotsoria, Kalaydjieva, Poalelungi & Pardalos JJ

Hunt v Times Newspapers Ltd

Defamation - strike out - CPR 3.4 - Justification - Reynolds privilege

[2012] EWHC 110 (QB) - QBD

Judge Eady J