Defamation – s.1 Defamation Act 2013 – serious harm to reputation – causation - damages
The Court of Appeal allowed Mr Fox’s appeal in part against the decisions of Collins Rice J on liability and damages ([2024] EWHC 146 (KB); [2024] EWHC 956 (KB)). So far as concerned Mr Fox’s counterclaims, the Court held that the judge had made material errors of law in her approach to causation of serious harm and was wrong to find that Mr Fox had not suffered serious harm to his reputation and remitted those claims for retrial in the High Court on the defences that had not been tried. In relation to Mr Blake’s and Mr Seymour’s claims, the Court dismissed the appeal on serious harm but reduced the damages awarded to the claimants from £90,000 to £45,000 each.
Norwich Pharmacal relief - Allegedly defamatory posts - Whether a declaration should be made that the court had no jurisdiction to try the claim because no valid service had been effected - Whether a declaration should be made that the court should not exercise its jurisdiction because of an exclusive jurisdiction clause in the Defendant's Terms of Use and/or because it was contended that the Claimant obtained an Order improperly or unfairly
Open Justice - Disclosure - Application by a non-party for court documents - Power of the court to provide documents to a non-party - CPR 5.4C - CPR 32.12 - CPR 32.13
Breach of Confidence- Misuse of Private Information - Breach of statutory duty under the Data Protection Act 1998 - Interim Remedies - Delivery Up - Procedure - need for Particulars of Claim
Arbitration - football - independence - Court of Arbitration for Sport - CAS rules - barrister arbitrator - advocate from same chambers - whether apparent independence lacking
misuse of private information- employment tribunals - interim non-disclosure order - issue of proceedings - right to a fair trial - right to respect for private life
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
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
Interim injunction – Confidential information - Human Rights Act 1998, s.12(3) – Likelihood of establishing at trial that publication should not be allowed – Public domain
Defamation - Libel - Harassment - Trial of action - Neighbour dispute - Publication of letters over a long period - Whether course of conduct was harassment of claimant - Damages
Breach of confidence - Injunction - Documents available on internet - Whether documents remained confidential - Human Rights Act 1998, s.12(4) - Freedom of expression - Public interest - Whether injunction proportionate interference with right
Contempt of Court - Defamation - Confidential information - Family Division - Publication - Website - Whether principles of defamation apply to laws of contempt
Human rights - Photographs - Protocol 1, Article 1, ECHR - Peaceful enjoyment of possessions - State use of private property - Unauthorised use of photographs - Photographer's right to compensation
Freedom of information - Information Tribunal - Jurisdiction - Appeal from decision of Information Commissioner - 'Decision notice' - BBC as public authority - Information held for purposes of journalism - ss.50, 57, Freedom of Information Act 2000
Freedom of information - Medical records - Access to medical records of deceased by mother - Exemptions from disclosure - Freedom of Information Act 2000, s.41
Prior restraint – Interim Injunctions – Human Rights Act section 12(3) – European Convention on Human Rights Article 10 – Comparative Advertising – Libel – Malicious Falsehood – Trade Marks
Prior restraint – Interim Injunctions – Human Rights Act section 12(3) – European Convention on Human Rights Article 10 – Comparative Advertising – Libel – Malicious Falsehood – Trade Marks
Libel - Internet publication - Qualified privilege - Common interest - Whether Defendant in existing relationship with members of closed website or an officious bystander - Whether Defendant could rely on fair comment defence solely in mitigation of damages
Contract - Parties - Agency - Copyright - Authorship - Performers' rights - ss.182A, 182B, Copyright, Designs and Patents Act 1988 - Regulation 27, Copyright and Related Rights Regulations 1996 - Unjust enrichment - Settlement agreement - Enforcement of settlement agreement - Abuse of process - Estoppel, acquiescence and laches - Cause of action estoppel - Trust of a promise
Human rights - Freedom of expression - Article 10 ECHR - Defamation - Election candidates in dispute - Allegations of ballot rigging, fraud and theft - One French franc in damages awarded - Importance of open political debate - Basis in truth - Sanction disproportionate
Libel - Internet Service Providers - Liability at common law - Electronic Commerce (EC Directive) Regulations 2002 - s.1 Defamation Act 1996 - Abuse of process
Sports Law - domestic disciplinary decision - disqualification -domestic appeal - period of disqualification reduced - allegation penalty excessive - High Court dismissing claim - appeal from High Court - restraint of trade - nature and standard of review
Human Rights - Defamation - Libel - Article - ECHR - Freedom of Expression - Damages awarded against journalist for defamation - Whether interference with Art 10 right prescribed by law - Whether interference necessary in a democratic society
Database right - Infringement - Horseracing database - Indirect sourcing of data - Extraction or re-utilisation of substantial part - Repeated and systematic extraction or re-utilisation of insubstantial parts - Copyright and Rights in Databases Regulations 1997 - Database Directive 96/9/EC
Sports Law - Appeal from Jockey Club Appeal Board - Review of Appeal Board decision to disqualify for breach of rules - whether penalty of disqualification imposed was disproportionate and unlawful - whether Jockey Club was in breach of contract in imposing a disproportionate penalty - whether imposition of the disqualification was an unreasonable restraint of trade - whether new evidence should be adduced at hearing
Patents - Infringement - Abuse of Process - Measure of Damages - Res Judicata - Only one type of infringement pleaded - Second action brought on excluded types.
Intellectual property- sports law- OFCOM- Advertising- complaint under r 6.5 ITC Advertising Code - whether the claimant was caricatured in a 118 advert
Defamation- Libel - Civil Procedure- Ecclesiastical- Human Rights- Arts 6, 10 - Stay of Proceedings- Justiciability - whether deference to religious doctrine outweighs right of access to the courts
Intellectual property - Copyright - Confidence - Conversion - Injunctions - whether an injunction could be granted against an unnamed person -John Doe injunction
Defamation - libel - particulars of justification - whether the defendant could justify the common sting of the whole article when the Claimant only complained about parts of it
Defamation - Libel - Publication - Strike out - CPR Part 3.1 and 3.4 - No reasonable grounds for alleging publication - Summary Judgment under CRP Part 24.2 - no prospect of proving publication - Mini-trial.
Defamation - Libel- qualified privilege to the world at large- meaning- whether single meaning rule applied applicable in determining whether Reynolds privilege available - whether article met standard of responsible journalism
Defamation - Slander - Requirement to set out precise words used in Particulars of Claim - Whether Claimant had pleaded words with sufficient precision - Whether Claimant could seek further information from the Defendant as to the precise words used - CPR Part 53 PD 2.4
Defamation - Libel - Republication - Qualified Privilege - Reynolds - Reply to attack - Fair Comment - Freedom of Expression - Article 10 - European Convention on Human Rights
Defamation - libel - fair comment - defendant publishing article about claimant's motives for bidding for National Lottery franchise - whether words complained of comment or statements of fact - judge ruling that words were comment
Defamation - Jurisdiction - Choice of Forum - Forum Non Conveniens - Claimants' connection with and reputation in England and Wales - Admittance of new evidence
Human Rights- Defamation - Libel - malicious falsehood - legal aid - mental patients - access to court - right to private life - inhuman and degrading treatment