Cases

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Mahmudov & Mahmudova v Goni Sanzberro & ors

Libel – Jurisdiction – Brussels Recast Regulation – Centre of Interests

[2021] EWHC 3433 (QB) - High Court, Queen’s Bench Division, Media & Communications List

Judge Collins Rice J

Morgan v Associated Newspapers Ltd

Defamation – strike out – amendment – summary judgment – pleading – honest opinion – section 3 Defamation Act 2013

[2018] EWHC 3960(QB) - High Court, Queen's Bench Division

Judge Nicklin J

Ministry of Justice v Ellis

Suspended order for committal and general civil restraint order upheld

[2018] EWCA Civ 2686 - Court of Appeal

Judge Davis LJ, Moylan LJ

Mionis v Democratic Press SA and others

Appeal - Defamation - Article 10 of the European Convention - Section 12, Human Rights Act 1998 - Settlement - Whether Judge below was correct to have refused application to lift a stay in the proceedings imposed by a Tomlin Order

[2017] EWCA Civ 1194 - Court of Appeal

Judge Gloster, Sharp and Lindblom LLJ

Malaga-Cano v Barclay & ors

Slander - Libel - Meaning - Serious Harm - Thornton threshold - Jameel abuse - collateral purpose abuse - common interest privilege - truth - honest opinion - slander per se - "office" or "calling" - Defamation Act 1952 - Defamation Act 2013

[2017] EWHC 1498 (QB) - High Court

Judge Master Thornett

Markham and Anor v R

Reporting restrictions - children - s45 Youth Justice and Criminal Evidence Act 1999 - excepting direction - Article 8 - Article 10

[2017] EWCA Crim 739 - Court of Appeal Criminal Division

Judge The President of the QBD (Sir Brian Leveson), Blake J, Lewis J

Monarch Airlines Ltd v Yaqub

Harassment - Injunction - Protection from Harassment Act 1997

unreported - Queen's Bench Division

Judge HHJ Walden-Smith

Mir Shakil-Ur-Rahman v ARY Network Limited & Fayaz Ghafoor

Defamation – Trial of preliminary issues – Meaning – Fact or opinion - Chase levels - TV broadcasts – Foreign language (Urdu)

[2015] EWHC 2917 (QB) - High Court, Queen’s Bench Division

Judge Haddon-Cave J

Mosley v Google Inc

Data protection - injunction - blocking of images - strike-out -realistic prospect of success - E-Commerce Directive - Data Protection Directive - general monitoring obligation

[2015] EWHC 59 (QB) - High Court, Queen's Bench Division

Judge Mitting J

Mionis v Democratic Press SA

Defamation - Libel - Foreign Parties - Settlement of Action by way of Tomlin Order - Whether contractual undertakings restricting freedom of expression had been breached - Whether contractual undertakings restricting freedom of expression should be coverted into an injunction - Whether an inquiry as to damages should be ordered - Applications for Derogations from Open Justice - Hearing in Private- Restrictions on Access to Papers

[2014] EWHC 4104 (QB) - Queen's Bench Division

Judge Sir David Eady

Mahmood v BBC

Privacy - Interim Injunction - Articles 2, 3, 8 and 10 of the European Convention - Permission to Appeal - Whether Permission to Appeal should be given to appeal judgment below - Whether there was a risk to the applicant's life from showing his appearance on a television programme

[2014] EWCA Civ 1567 - Court of Appeal (Civil Division)

Judge Elias and Sharp LLJ

Meadows Care v Lambert

Defamation - Slander -Meaning - Comment - Permission to re-amend

[2014] EWHC 1226 (Admin) - High Court (QBD)

Judge Bean J

Murray v Associated Newspapers Ltd

Libel - Statement in open court - Unilateral statement - CPR PD 53 para 6.1

[2014] EWHC 1170 (QB) - Queen's Bench Division

Judge Tugendhat J

McEvoy v Michael

Defamation- preliminary ruling- meaning- comment- publisher- political criticism- picture

[2014] EWHC 701 (QB) - High Court (QBD)

Judge His Honour Judge Keyser QC

Makudi v Baron Triesman of Tottenham

defamation - parliamentary privilege - absolute privilege - Article 9 Bill of Rights 1689 - FA

[2014] EWCA Civ 179 - Court of Appeal (Civil Division)

Judge Laws, Tomlinson & Rafferty LJJ

Miller v Associated Newspapers Ltd (CA)

Defamation - Justification - Chase Level 2 - Conduct Rule

[2014] EWCA Civ 39 - Court of Appeal

Judge Maurice Kay, Moore-Bick and Lloyd Jones LJJ

Marine A v Guardian News and Media

Reporting restrictions - identification - open justice - courts martial - Article 8 - Article 10

[2013] EWCA Crim 2367 - Court Martial Appeal Court, and the Divisional Court

Judge The Lord Chief Justice, Tugendhat J, Holroyde J

Mitchell MP v News Group Newspapers Ltd (CA)

Cost Budgeting - Rules, practice directions and Court Orders - Relief from sanctions - CPR 51D - CPR 3.14 - CPR 3.9

[2013] EWCA Civ 1537 - Court of Appeal (Civil Division)

Judge Master of the Rolls, Richards and Elias LJJ

Ministry of Justice v Information Commissioner

Freedom of Information - Information relating to infraction proceedings - grounds of exemption - public interest

Case No EA/2012/0110 - First-Tier Tribunal (General Regulatory Chamber) Information Rights

Judge John Angel, Pieter de Waal, Narendra Makenji

McCann v Bennett

Contempt - committal - undertakings - penalty

[2013] EWHC 283 (QB); [2013] EWHC 332 (QB) - High Court (QBD)

Judge Tugendhat 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

McLaughlin v London Borough of Lambeth

Defamation – Human Rights Act 1998 – Arts 8 and 10 ECHR - Striking out – Rule in Derbyshire v Times Newspapers – collateral purpose – Jameel abuse of process

[2010] EWHC 2726 (QB) - Queen's Bench Division

Judge Tugendhat J

Mariapori v Finland

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

Miller v Associated Newspapers Limited

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

[2010] EWHC 700 - Queen's Bench Division

Judge Eady J

McKeown v British Horseracing Authority

Disciplinary proceedings - jurisdiction - evidence - expert evidence - bias - appeal - sports law

[2010] EWHC 508 (QB); [2010] ISLR, SLR-87 - Queen's Bench Division

Judge Stadlen J

Mireskandari v Associated Newspapers Ltd (No 2)

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

[2010] EWHC 527 (QB) - Queen's Bench Division

Judge Sharp J

Marathon Mutual Ltd & Anor v Waters & Anor

Defamation - Libel - Slander - Malicious falsehood - Whether the tort of malicious falsehood requires reference to the claimant in the words complained of - Whether pleadings needed to be amended

[2009] EWHC 1931 (QB), [2009] All ER (D) 06 (Aug) - Queen's Bench Division

Judge HHJ Moloney QC

McLaughlin & Ors v Newall

Defamation – Striking out - Defence of compromise

[2009] EWHC 1925 (QB) - Queen's Bench Division

Judge HHJ Moloney QC sitting as a Judge of the High Court

Monks v Warwick District Council

Defamation – Libel – Strike out - Meaning - Malice – Damages claim – General loss of custom and business – Amendments – Special damages - Exemplary damages - CPR r.3.1 – Summary judgment – Whether real prospect of success – CPR Part 24.2

[2009] EWHC 959 (QB) - Queens Bench Division

Judge Sharp J

Mireskandari v Associated Newspapers Ltd

Defamation - Extension of Time for Service of a Defence - Solicitors duty to make own investigation of facts independent of their client

19/11/2008 - Queen's Bench Division

Judge Master Fontaine

Mosley v News Group Newspapers Ltd (No 3)

Privacy - Reasonable expectation of privacy - Public interest -Footage of sexual activities - Public figure – Allegations of Nazi role-play

[2008] EWHC 1777 (QB); [2008] EMLR 20; The Times, 30 July 2008 - Queen's Bench Division

Judge Eady J

Medway Council v G and Others

Care proceedings – s.12, Administration of Justice Act 1960 – Publication of judgments - Identification of local authority - Articles 8 and 10, European Convention on Human Rights

[2008] EWHC 1691 (Fam) - High Court, Family Division

Judge The President

Ministry of Defence v Griffin

Confidentiality – United Kingdom Special Forces – Contract - Confidentiality agreements – Unauthorised public disclosures – Failure to seek authority for disclosure in accordance with contract - Injunction

[2008] EWHC 1542 (QB) - Queen's Bench Division

Judge Eady J

Mosley v News Group Newspapers Ltd (No 2)

Privacy - Reasonable expectation of privacy - Public interest -Footage of sexual activities - Public figure – Allegations of Nazi role-play - Exemplary damages

[2008] EWHC 2341 - Queen's Bench Division

Judge Eady J

Mond & Ors v Mason & Ors

Libel - Malicious falsehood - Causing loss by unlawful means - Freezing order - Good arguable case - Real risk of removal or disposal of assets - Injunction restraining publication

[2008] EWHC 1649 (QB) - Queen's Bench Division

Judge Gray J

Malik v Manchester Crown Court & Anor

Production Order - Terrorism Act 2000 - Judicial review - Journalistic material - Freedom of expression - Protection of sources - Articles 2, 3, 10, ECHR - Privilege against self-incrimination - Special advocates - Natural justice

[2008] EWHC 1362 (Admin) - Administrative Court

Judge Dyson LJ and Pitchford and Ouseley JJ

Meltex Ltd & Movsesyan v Armenia

Freedom of expression – European Convention on Human Rights, Article 10 - Interference - Proscribed by law - Television broadcasting – Licensing - Reasons for decision - Arbitrary interference

Application No. 32283/04 - European Court of Human Rights

Judge Casadevall J, President, Fura-Sandström, Zupanèiè, Gyulumyan, Ziemele, López Guerra, Power JJ

McPhail & Doyle v Bourne & Anor

Music - Songs - Contracts - Settlement agreement - Undue influence - Misrepresentation - Partnership - Non-disclosure

[2008] EWHC 1235 (Ch) - Chancery Division

Judge Morgan J

Murray v Big Pictures (UK) Ltd (CA)

Misuse of private information - Data protection - Human rights - Photographs - Reasonable expectation of privacy - Child

[2008] EWCA Civ 446; [2008] 3 WLR 1360; [2008] EMLR 399; [2008] EHRR 736; [2008] 2 FLR 599; [2008] HRLR 33; [2008] UKHRR 736; The Times, 12 May 2008 - Court of Appeal

Judge Sir Anthony Clarke MR, Laws & Thomas LJJ

Murphy v Media Protection Services Ltd

Copyright - Broadcasts - Criminal offences - ss.6, 297(1) Copyright, Designs and Patents Act 1988 - EC Directive 93/83 - Dishonestly receiving programme included in broadcasting service provided from place in UK with intent to avoid payment of applicable charge - Place from which broadcasting service provided - Transmission by continuous chain of communications - Intent

[2007] EWHC 3091 (Admin) - Administrative Court

Judge Pumfrey LJ and Stanley Burnton J

Malik v Newspost Ltd & Ors

Defamation - Libel - Defences - Reynolds privilege- Public interest - Responsible journalism - Letter to editor - Whether letter writer could rely on Reynolds privilege

[2007] EWHC 3063 (QB) - Queen's Bench Division

Judge Eady J

Murray v Express Newspapers plc & Another

Privacy - Confidentiality - Data Protection - Human Rights - Photographs - Paparazzi - Reasonable Expectation of Privacy -Public Place - Child

[2007] EWHC 1908 (Ch); [2007] EMLR 583; [2007] 3 FCR 331; [2007] HRLR 44; [2007] UKHRR 1322; [2007] Fam Law 1073; (2007) 157 NLJ 1199; (2008) 1 FLR 704; The Times, 4 October 2007 - Chancery Division

Judge Patten J

McBride v Body Shop International plc

Libel - Summary judgment - Abuse of process - Use of documents obtained in the course of disclosure

[2007] EWHC 1658 (QB) - Queen's Bench Division

Judge Eady J

Mersey Care NHS Trust v Ackroyd (No.2) (CA)

Confidential information - Freedom of Expression - Journalistic sources - Medical records - Privacy - Protection of sources

[2007] EWCA Civ 101; [2008] EMLR 1; (2007) 94 BMLR 84; (2007) HRLR 19; The Times, 26 February 2007 - Court of Appeal

Judge Sir Anthony Clarke MR, Lord Neuberger & Leveson LJ

Moore v Scottish Daily Record

Scotland - Defamation - Offer of amends - rejection - late acceptance - statutory construction - costs

[2007] CSOH 24 - Outer House, Court of Session

Judge Lady Paton

McKennitt v Ash (CA)

Privacy - Breach of confidence - Article 8 - Article 10 - Shared confidence - Public domain - Public interest - False private information.

[2006] EWCA Civ 1714; [2008] QB 73; [2007] 3 WLR 194; [2007] EMLR 113; The Times, 20 December 2006 - Court of Appeal

Judge Buxton, Latham & Longmore LLJ

McKenna v MGN Ltd

Libel - Meaning - Justification - Substantial truth - Allegation of fraudulently boasting of bogus PhD obtained merely for money - Damages - Assessment of damages

[2006] EWHC 1996 (QB) - Queen's Bench Division

Judge Eady J

Malik v Central Criminal Court & Another

Judicial review - Criminal justice - bail applications - open justice - Articles 5 & 6 ECHR - Criminal Procedure Rules - Jurisdiction of High Court to review bail ruling of Crown Court

[2006] EWHC 1539 (Admin); [2006] 4 All ER 1141 - Administrative Court

Judge Sedley LJ & Gray J

Mahfouz and another v Brisard & another

Defamation - Libel - ss8-10 Defamation Act 1996 - Whether Claimants entitled to summary disposal - Whether Claimants entitled to all remedies sought under summary disposal procedure - Declaration of falsity rejected

[2006] EWHC 1191 (QB) - Queen's Bench Division

Judge Gray J

Mullins v Macfarlane & The Jockey Club

Judicial review - horseracing - prohibited substance - morphine - disqualification from race - whether de facto threshold established requiring proof of concentration - domestic bodies answering no - claim for judicial review - scope of supervisory jurisdiction of High Court - legislative and administrative acts - retrospectivity

[2006] EWHC 986 (QB); [2006] ISLR, SLR-65; (2006) SLJR 4 - Queen's Bench Division

Judge Stanley Burnton J

Mahmood v Galloway & McKay

Freedom of expression - Privacy - Articles 2, 8, and 10, European Convention on Human Rights - Interim injunction - Photographs - Internet

[2006] EWHC 1286 (QB); [2006] EMLR 763 - Queen's Bench Division

Judge Mitting J

Mersey Care NHS Trust v Ackroyd (No.2)

Disclosure of journalist's sources - Public interest - Norwich Pharmacal jurisdiction - s.10 Contempt of Court Act 1991 - Article 10 - s.12 Human Rights Act 1998 - Article 8

[2006] EWHC 107 (QB); [2006] EMLR 260 - Queen's Bench Division

Judge Tugendhat J

McKennitt v Ash (QBD)

Confidential information - Privacy - Extent to which material in public domain - Public interest defence

[2005] EWHC 3003 (QB); [2006] EMLR 178 - Queen's Bench Division

Judge Eady J

Musa King v Telegraph Group Ltd (Costs)

Costs - Detailed assessment - Defamation - Proportionality - Conditional Fee Agreements - Success fees

02/12/2005 - Supreme Court Costs Office

Judge Senior Costs Judge Hurst

Mahfouz and another v Brisard and another

Defamation - Libel - Publication - Preliminary Issue - Whether the First Defendant was responsible in law for the publication of a translation of a Book written by him for sale in the United States

[2005] All ER (D) 174 (Sep) - Queen's Bench Division

Judge Tugendhat J

Metro-Goldwyn Mayer Studios Inc v Grokster Ltd

USA - Copyright Infringement - Peer-to Peer Software - Liability for Third Parties' Infringement

27/06/2005 - Supreme Court of the United States of America

Judge Souter, Ginsberg, Kennedy, Breyer, Stevens, O'Connor JJ and Rehnquist CJ

McKeith v News Group Newspapers Ltd

Defamation - Libel - Meaning - Common sting - Justification - Reynolds privilege - Meaning - Justification - Striking out - Case management

[2005] EWHC 1162 (QB); [2005] EMLR 780 - Queen's Bench Division

Judge Eady J

Mahfouz & Ors v Ehrenfeld & Anor

Defamation - Libel - Judgment in default - Summary disposal - ss.8-10 Defamation Act 1996 - Remedies - Damages - Injunction - Declaration of falsity

[2005] EWHC 1156 (QB) - Queen's Bench Division

Judge Eady J

Miller v Associated Newspapers Ltd (No.4)

Defamation - Libel - Claim dismissed following trial of the action - Defence of justification upheld - Whether costs should follow the event - Whether costs should be assessed on standard or indemnity basis - Whether interest should be awarded - Whether Claimant should have permission to appeal

[2005] EWHC 773 (QB) - Queen's Bench Division

Judge Eady J

Miller v Associated Newspapers Ltd (No.3)

Defamation - libel - justification – trial of the action - meaning- whether the plea of justification succeeded

[2005] EWHC 557 (QB) - Queen's Bench Division

Judge Eady J

Milne v David Price Solicitors & Advocates

Costs - Defamation - Conditional Fee Agreements - Settlement on terms not amounting to 'win' - Termination - Entitlement of solicitor to basic charges

07/03/2005 - Supreme Court Costs Office

Judge Master Seager Berry

Miller v Associated Newspapers Ltd (No.2)

Defamation - libel - justification - permission to amend - whether words complained of were capable of Chase level 3 meaning - whether Defendant can rely on Claimant's non-disclosure of relevant documents and/or misrepresentation of their content - lies probative of guilt - admission by conduct

[2005] EWHC 21 (QB) - Queen's Bench Division

Judge Eady J

Mensah v Jones

Confidence - Data Protection Act 1998 - Access to Health Records Act 1990 - Disclosure of medical records - Course of legal proceedings - Obligation of disclosure - Legal advice

[2004] EWHC 2699 (Ch) - Chancery Division

Judge Lightman J

Merelie v Newcastle Primary Health Care Trust & Others

Defamation - Summary Judgment - Strike Out - Pleading Requirements in Slander cases - Republication - Protection from Harassment Act 1997 - Malicious Falsehood - Human Rights Act 1998 - CPR Part 24 - CPR Part 3.4(2)

[2004] EWHC 2554 (QB); The Times, 1 December 2004 - Queen's Bench Division

Judge Eady J

Mullins v Jockey Club

Sports - discipline - doping - disqualification - strict liability - construction of Rules of Racing - relevance of quantification of drug - Article 6 and Protocol 1 Article 1 ECHR - whether Rules unlawful

20/08/2004 - Appeal Board of the Jockey Club

Judge Sir E Cazalet, A Mildmay-White, C Hall

Mahfouz v Brisard & Others

Defamation - Libel - Judgment in default - Remedies - Summary disposal - ss. 8-10 Defamation Act 1996

[2004] EWHC 1735 (QB) - Queen's Bench Division

Judge Eady J

Milne v Express Newspapers (CA)

Defamation - Libel- Offer of Amends - s.4(3) Defamation Act 1996 - "knew or had reason to believe"

[2004] EWCA Civ 664; [2005] 1 WLR 772; [2005] 1 All ER 1021; [2004] EMLR 461 - Court of Appeal

Judge May, Tuckey & Laws LJJ

Musa King v Telegraph Group Ltd (CA)

Defamation- Libel - Justification - Conditional fee agreements - Proportionality - Costs capping

[2004] EWCA Civ 613; [2005] 1 WLR 2282; [2004] EMLR 429 - Court of Appeal

Judge Brooke, Jonathan Parker and Maurice Kay LJJ

Meade v Pugh & Another

Defamation – Libel – Qualified Privilege – Malice – CPR Part 3.4(2) – Strike out – Summary judgment – CPR Part 24

[2004] EWHC 408 (QB) - Queen's Bench Division

Judge Tugendhat J

Miguel Torres SA v Cantine Mezzacorona SCARL

Trade Marks - EC Law - Origin marking - Wine Labelling - TRIPs - Council Regulation 2392/89

[2004] RPC 26; [2005] ETMR 39 - Court of Appeal

Judge Jacob and Peter Gibson LJJ & Sir Martin Nourse

Miles v ITV Networks Ltd & Another

Intellectual Property - Copyright - Infringement - Inference of copying - Breach of Confidence - CPR Part 24 - Summary Judgment - Mini-trial

[2003] EWHC 3134 (Ch) - Chancery Division

Judge Laddie J

Miller v Associated Newspapers Ltd

Defamation - Libel - Reynolds qualified privilege - application to strike out defence of privilege- alternatively for summary judgment - whether the law as to qualified privilege was in a state of flux

[2003] EWHC 2799 (QB); [2004] EMLR 698 - Queen's Bench Division

Judge Eady J

Milne v Express Newspapers (No.2)

Defamation - Libel - offer of amends - rejection of offer of amends - the correct test under s4(3) Defamation Act 1996

[2003] EWHC 1843 (QB) - Queen's Bench Division

Judge Eady J

Maris & Others v Walsh

Defamation - Libel - breach of confidence - threat to publish -interim injunction.

[2003] EWHC 1417 (QB) - Queen's Bench Division

Judge Gray J

Musa King v Telegraph Group Ltd (QBD)

Defamation - libel - civil procedure - Conditional fee arrangements - Human Rights - Articles 6, 10 - justification - whether it was permissible to justify the meaning that the police suspected the claimant of involvement in terrorist offences

[2003] EWHC 1312 (QB) - Queen's Bench Division

Judge Eady J

Miller Brewing Company v The Mersey Docks and Harbour Company

Trade Marks - Infringement - Detention of infringing goods by customs authorities - Application for statutory delivery up - Notice of Application served on all those having an interest in the goods - Whether applications under ss. 16 and 19 of the Trade Marks Act 1994 can be made in the same proceedings - Whether third party should be protected under cross undertaking in damages - Whether second defendant an importer

[2004] FSR 5 - Chancery Division

Judge Neuberger J

Mersey Care NHS Trust v Ackroyd (No.1) (CA)

Disclosure of journalistic source - Public interest defence - Freedom of expression - Article 10 ECHR- Section 10 Contempt of Court Act 1981 - Summary judgment

[2003] EWCA Civ 663; [2003] EMLR 820; [2003] Lloyd's Rep Med 379; [2003] FSR 820 - Court of Appeal

Judge Ward, May & Carnwarth LJJ

Milne v Express Newspapers (QBD)

Defamation - Offer of amends - s.4(3) Defamation Act 1996 - "knew or had reason to believe"

[2002] EWHC 2564 (QB); [2003] 1 WLR 927; [2003] 1 All ER 482; [2003] EMLR 440 - Queen's Bench Division

Judge Eady J

MacIntyre v Phillips

Defamation - Libel - qualified privilege - similar fact evidence - preliminary issue - rule of practice that qualified privilege be tried first

[2002] EWCA Civ 1087; [2003] EMLR 194 - Court of Appeal

Judge Brooke & Dyson LJJ & Wall J

Mawdsley v Guardian Newspapers Ltd

Defamation - Libel - Failure to mitigate - Summary disposal - s.8 Defamation Act 1996- damages

[2002] EWHC 1780 (QB) - Queen's Bench Division

Judge Morland J

Mills v MGN Ltd

Defamation - Libel - ruling on meaning - striking out - CPR Part 3.4(2) - exemplary damages

[2002] EWHC 1384 (QB) - Queen's Bench Division

Judge Eady J

McManus v Beckham

Defamation - Slander - liability for republication - foreseeability - special damage

[2002] EWCA Civ 939; [2002] EMLR 880; [2002] 1 WLR 2982 - Court of Appeal

Judge Waller, Clark, Laws LLJ

Mark v Associated Newspapers Limited

Defamation - Libel - Meaning - Repetition rule - Bane and antidote - Whether repetition rule consistent with ECHR Article 10 jurisprudence - Interface between defences of justification and Reynolds privilege

[2002] EWCA Civ 772; [2002] EMLR 839 - Court of Appeal

Judge Simon Brown, Mummery & Dyson LJJ

McVicar v United Kingdom

Human rights - Defamation - Libel - Unavailability of legal aid - Exclusion of evidence - Burden of proof - Costs - Injunction - Effective access to a court - Article 6, ECHR - Freedom of expression - Article 10, ECHR

Application no. 46311/99; (2002) 35 EHRR 21 - European Court of Human Rights

Judge Rozakis (President), Tulkens, Bratza, Lorenzen, Vajic, Kovler and Zagrebelski (Judges), and Fribergh (Section Registrar)

Modahl v British Athletic Federation Ltd (No 2)

Sport - doping - disciplinary tribunal - athlete banned - bias of tribunal - successful appeal - whether damages available for losses suffered meanwhile - contractual duties of governing body

[2001] EWCA Civ 1447; [2002] 1 WLR 1192 - Court of Appeal

Judge Mance, Latham and Jonathan Parker LJ

Medway Council v BBC

Family - Reporting Restrictions - Injunction - Children

[2002] 1 FLR 104; [2001] All ER (D) 243 (Oct) - Family Division

Judge Wilson J

McPhilemy v Times Newspapers Ltd (No.4)

Defamation - Libel - Costs - Claimant's Offer to Settle - CPR Part 36.21 - Consequences of Claimant doing better than offer made - Indemnity Costs

[2001] EWCA Civ 933; [2002] 1 WLR 934; [2001] 4 All ER 861; [2001] EMLR 858 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

McPhilemy v Times Newspapers Ltd (No.3)

Defamation - Libel - Jury Trial - Appeal against alleged perversity in jury verdict - Question left to the jury specifically on Appellants' insistence - Abuse of Process

[2001] EWCA Civ 871; [2001] EMLR 832 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

Mills v News Group Newspapers Ltd

Injunction - Privacy - Confidence - Press Complaints Commission Code of Conduct - European Convention on Human Rights - Article 10 - Article 8 - s.12 Human Rights Act 1998

[2001] EMLR 957 - Chancery Division

Judge Lawrence Collins J

Milne v Telegraph Group Ltd

Defamation - libel - summary disposal - s.8 Defamation Act 1996

[2001] EMLR 760 - Queen's Bench Division

Judge Sir Oliver Popplewell

McPhilemy v Times Newspapers Ltd (No.2)

Defamation - Libel - Civil Evidence - Use of witness statements at trial - CPR Part 32.5

[2000] 1 WLR 1732 - Court of Appeal

Judge Thorpe & Brooke LJJ

McPhilemy v Times Newspapers Ltd

Defamation - Libel - Amendment - Justification - Lucas Box Meanings - Proportionality - proper role of pleadings

[1999] EWCA Civ 1464; [1999] 3 All ER 775; [1999] EMLR 751 - Court of Appeal

Judge Lord Woolf MR & May and Judge LJJ

Marks & Spencer plc v Granada Television Ltd

Defamation - Libel - Evidence - Hearsay - Civil Evidence Act 1968

[1998] EWCA Civ 207 - Court of Appeal

Judge Lord Bingham CJ, Swinton-Thomas & Mummery LJJ

Morgan v BBC

Intellectual propety - Copyright - infringement claim over a screenplay

10/12/1997 - Chancery Division

Judge Neuberger J

Modahl v British Athletic Federation Ltd

Sport - doping - disciplinary tribunal - athlete banned - bias of tribunal - successful appeal - ban revoked - claim for damages for losses suffered meanwhile - - claim against regulatory body - application to strike out - whether contractual duties  - what terms would be implied - test for court to apply - application partly successful

CA unreported - Court of Appeal

Judge Lord Woolf MR, Morritt, Pill LJJ

M v BBC

Broadcasting - Private proceedings - Jurisdiction - Injunction - s.12(1)(a) Administration of Justice Act 1960

[1997] 1 FLR 51; [1997] 1 FCR 229 - Family Division

Judge Hale J

McDonalds Corp v Steel and Morris

Defamation - Libel - Striking Out - Defence - Justification - Basis on which it was proper to advance plea of justification - defences of justification and fair comment form part of the framework by which free speech is protected

[1995] 3 All ER 615 - Court of Appeal

Judge Neill, Steyn & Peter Gibson LJJ

Malcolm v Oxford University Press

Contract - publishing - certainty - remedies

[1994] EMLR 17 - Court of Appeal

Judge Nourse, Leggatt & Mustill LJJ