The Appellant made a request under the Freedom of Information Act 2000 for information about advertising and sponsorship revenue received by Channel 4 from Sainsbury’s. The Information Commissioner upheld Channel Four’s refusal to provide the information on the basis that it was held for the purposes of journalism, art or literature and therefore not held in Channel Four’s capacity as a public authority under the Act (i.e. that the so-called “derogation” applied). On appeal, the Appellant argued that he was seeking only aggregated information, not the “building blocks” consisting of specific figures for specific programme sponsorships etc, and that there was insufficient connection between that aggregated information and the purposes of journalism etc to engage the derogation. The First-tier Tribunal disagreed, holding that it was necessary to consider whether the “building blocks” were pieces of information held for the purposes of journalism etc. Having heard detailed evidence about how modern TV advertising works, the Tribunal accepted Channel Four’s case and upheld the Information Commissioner’s Decision Notice.
Reporting Restrictions - Witness Anonymity - Right to Life (Art 2) - Prohibition against torture, inhuman or degrading treatment or punishment (Art 3) - Freedom of Expression (Article 10) - Blackmail
Trade Marks Act - s.97 Trade Marks Act 1994 - Trade marked goods - Forfeiture order - Article 1 Protocol 1 (A1P1) - Comatibility with European Convention Rights
Judicial Review -Breach of Confidence - Legal Professional Privilege - Suspected Tax Avoidance Schemes - No Confidence in Iniquity - Inducement to Breach Confidence - Alternative Remedies - s.316B Finance Act 2004 (voluntary disclosure to HMRC not restricted by any duty of confidentiality) - Data Protection Act 1998
Elements of the tort of Wilkinson v Downton - interim injunction - article 10 - freedom of expression - whether Wilkinson v Downton should operate to prohibit a writer from telling a true autobiographical account of his upbringing which risks causing psychological harm to his son
Prince Charles letters - Freedom of Information Act 2000 – Environmental Information Regulations 2004 – Constitutional Law – Executive Veto – EU Charter of Fundamental Rights
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
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
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
Open justice - Coroners inquests - Private hearings - National security - Terrorism - Meaning of "the public" in r.17 Coroners Rules 1984 - s.8(3) Coroners Act 1988
Defamation - Libel - Abuse of process - Whether action should be struck out in accordance with Jameel v Dow Jones - Section 12 Defamation Act 1952 - Actions against different publishers - Whether settlement with one makes it an abuse to continue against the other
Reporting restrictions - Magistrates court - Application for order banning publication of defendant police officers home address - Order refused - Judicial review
Public order offences - Racially inflammatory material - Racial hatred - Internet - Publication to a section of the public - Web server outside jurisdiction - Public Order Act 1986
Care Proceedings - Anonymity - Expert witnesses - Contra mundum injunctions - Publication of information relating to the proceedings - s.12 Administration of Justice Act 1960 - Article 8 - Privacy
Human Rights - s.7(1)(a), Human Rights Act - Jurisdiction - Investigatory Powers Tribunal - s 65(2)(a), Regulation of Investigatory Powers Act 2000 - Judicial review - Bias - Freedom of expression - Right to fair trial - Articles 6, 10, ECHR
Family proceedings - Reporting Restrictions - Family Procedure Rules 1991 - The Family Proceedings (Amendment No 2) Rules 2009 - Children - Rights of Media Attendance - Rule 10.28(4)
Reporting restrictions - Family - Children - Injunctions - Article 10 - Freedom of expression - Article 8 - Respect for privacy and family life - Public domain - 'Canute' principle - s.12 Human Rights Act 1998
Human rights - Freedom of expression - Article 10, ECHR - Prohibition of political advertising - Broadcasting - Television -Human Rights Act 1998 - Declaration of incompatibility - Communications Act 2003
Criminal evidence - Mutual assistance - Private documents - Article 8, European Convention on Human Rights - s.15, Crime (International Co-operation) Act 2003
Judicial review - Classification - s.4A(1), Video Recordings Act 1984 - Refusal to classify - Test to be applied - Parliamentary comments - Whether actual harm or potential harm required - Misdirection
Reporting restrictions - s.39, Children and Young Persons Act 1933 - Criminal offence - Order to prohibit publication of particulars identifying child as defendant - Application to lift restrictions - Whether any good reason for restrictions
Defamation - Libel - Qualified privilege - Reynolds privilege - Dispute between members of political party - Allegations of commission of criminal offences - Reportage
Contempt - Reporting restrictions - Private hearing - Party disclosing information to journalist - s.12 Administration of Justice Act 1960 - CPR Part 39.2(3)
Harassment - Trespass - Injunction - Representative Capacity of Defendant - CPR 19.6(4) - Enforcement of Order - Power of Arrest under Protection from Harassment Act 1997.
Reporting restrictions - Care proceedings - s. 12 Adminstration of Justice Act 1960 - Disclosure - Anonymised judgments - Contra mundum order to protect medical expert witnesses, treating doctors, social workers and other witnesses in care proceedings - Interim orders - Practice and procedure - s. 12 Human Rights Act 1998 -Duration of order - Requirement of notice
Reporting restrictions - Postponement of reporting - s.4(2), Contempt of Court Act 1981 - Risk of substantial prejudice - Right to fair trial - Art 6, ECHR - Right to freedom of expression - Art 10, ECHR
Defamation - Libel - Qualified privilege - Reynolds privilege - Dispute between members of political party - Allegations of commission of criminal offences - Reportage
Security for costs - non-Brussels Convention national - Romania - adjournment - equality of arms - effect of judgment having been entered against a claimant by the time of the appeal
Human rights - Freedom of expression - Art 10, ECHR - - Newspaper publication - Criticism of public appointment - Rival paper criticising article - Defamation - Libel - Whether sanctions necessary
Reporting Restrictions - Children - s.39 Children and Young Persons Act 1933 - Proper scope of order - Appeals - s.159 Criminal Justice Act 1988 - Sexual offences - Automatic restrictions - s.1(2) Sexual Offences (Amendment) Act 1992
Rape trial – reporting restriction under s.4(2) Contempt of Court Act 1981 – complainant threatening not to give evidence unless restriction imposed - Articles 8, 10 European Convention on Human Rights
Sports law - Criminal law - Grievous bodily harm - Football match - Tackle - Consent - Appropriate threshold for criminal proceedings relating to incidents occurring during sporting event
Public law - Judicial review - Human Rights - Prisoners - Prison Rules - Freedom of expression - Art 10, ECHR - Autobiographical writings - Proportionality - Rationality
Family law- Human Rights - Children - local authorities - care proceedings- privacy - rights of mature teenager - Article 8 - Article 10- freedom of expression - proper approach to varying injunction
Defamation - Libel - Validity of service - Service out of jurisdiction - Forum conveniens - Amendment of claim form - Earlier publication - s.35(5)(a), Limitation Act 1980
Human Rights - Criminal Law - Article 10 - Freedom of Expression - prosecution under the the Official Secrets Act 1989 - whether the OSA is compatible with article 10 of the ECHR
Reporting Restrictions - s.4 Contempt of Court 1981 - Appeal of refusal to make an order to the Court of Appeal - s.159 Criminal Justice Act 1988 - Jurisdiction
Public Law - Judicial review - Privacy - Application for permission - Press Complaints Commission - Public authority - s.6 Human Rights Act 1998 - s.12(4)(b) Human Rights Act 1998
Public Law - Judicial Review - Shipman Inquiry - Public or Private - Human Rights - Article 10 - Freedom to impart information - s.2 National Health Act 1977
Family - Children - Reporting Restrictions - Injunction - Privacy - Confidence - Press Complaints Commission Code of Conduct - s.12 Human Rights Act 1998
Defamation - libel - qualified privilege- newspaper publication concerning public figure engaged in political events- whether qualified privilege attached to all discussion of political matters- whether privilege attached to publication
Family proceedings - press restrictions - celebrities - prohibition on taking or publishing photographs of children - prohibition on parents communicating with news media about each other or about children - prohibition on publishing order or summary of order - application by newspaper to discharge or vary court's order to permit publication of summary of court's decision