Mr Yaxley-Lennon admitted 10 breaches of an injunction imposed on him by Nicklin J in the libel case of Hijazi v Yaxley-Lennon, including publishing online a film that repeated the libel. Johnson J committed him to prison for 18 months (less 3 days for time spent in custody on remand) comprising a punitive element of 14 months and a coercive element of 4 months, which would be remitted if Mr Yaxley-Lennon were to remove his film from his social media accounts and take all possible steps to secure its removal from other online sources. Mr Yaxley-Lennon brought an out-of-time appeal against the penalty, contending that, because he was being segregated from other prisoners for his own safety, prison conditions were harsher than Johnson J had anticipated and, in reliance on a recently obtained psychologist’s report, that his imprisonment had caused his mental health to deteriorate and that he had been suffering from undiagnosed ADHD at the time of sentence. The Court of Appeal granted an extension of time and permitted reliance on the psychologist’s report but dismissed the appeal. The prison conditions were not materially harsher or more onerous than the Judge foresaw. There had been some evidence about Mr Yaxley-Lennon’s mental health before Johnson J and the new medical evidence did not show either a significant exacerbation of a known condition or a material new factor.
Harassment - Protection from Harassment Act 1997 - Harassment by Media Publications - Data Protection Act 1998 - s.10 Data Protection Act 1998 - s.14 Data Protection Act 1998
Defamation - Libel - Appeal from Court of Appeal of the Republic of Trinidad and Tobago - Reliance upon subsequent facts - The extent which, if at all, two or more different statements made upon different occasions by the same defendant may be aggregated for the purpose of giving rise to a cause of action in defamation
Defamation - Defamation Act 2013, s. 1 - Serious Harm - Whether Serious Harm Requirement Can Be Met By Taking Indivual Less Serious Imputations Together Cummulatively
Defamation - Assessment of damages for publications online - whether to grant an injunction against a defendant overseas- whether to proceed in the defendant's absence- whether the court needed to rule on meaning where default judgment had been entered
Defamation - libel - foreign claimant - foreign defendant - service out of the jurisdiction - whether material non disclosure - whether real and substantial tort within jurisdiction of England and Wales - whether England is the proper forum - likelihood of serious harm - service of English proceedings in Russian Federation - whether valid service effected under Hague Convention - CPR 6.40(3)
reporting restriction order - identification - children - identity of defendant in criminal proceedings - human rights - Article 8 ECHR - Article 10 ECHR
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
Freedom of Expression - Article 10, European Convention on Human Rights - Privacy - Conviction for violation of privacy - Publication of private information relating to extra-marital affair between political candidate and aide - Fine, damages and costs awarded - Whether necessary in a democratic society
Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Protection of journalistic sources - Investigation of crime - Photographs
Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Protection of journalistic sources - Investigation of crime - Photographs
Freedom of Information Act 2000 - jurisdiction - information held for the purposes of journalism, art or literature - public body - hybrid authority - decision notice
Sport - football - player registration - breach of rules - Disciplinary Commission - fine imposed - no points deducted - third party club complaints - alleged illegality in decision - alleged failure of FAPL to investigate and take further disciplinary measures - relief sought required reconsideration and new charges - arbitration of those issues under FAPL rules - no relief granted
Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Whether necessary in a democratic society - Conviction of publisher for publication of separatist propaganda
Freedom of expression - Article 10 - Public interest - Photographs - Television -Broadcast of photograph of convicted person upon release from prison - Political extremists - Meaning of 'non-governmental organisation'
Defamation- Libel - Harassment - Data protection - Injunctive relief - Responsibility for website - Whether injunctive relief should be granted - John Doe order
Privacy - Confidence - Medical Information - ECHR, Articles 8 and 10 - Judicial review of decision to publish full report into care, supervision and treatment of individual
Trade marks - Infringement - Defence - Trade Marks Act 1994, s.12 - Goods distributed within EEA with consent of owner - Competition law - EC Treaty, Art 81 - Anti-competitive agreements - Striking out
Sport - players' agent - incorporation of arbitration clause into contract between players' agent and Football Association - waiver of right under Art 6 ECHR to court hearing - stay of court proceedings
Patents – Enabling disclosure – Novelty – State of the art – Patent invalid by reason of prior disclosure which, if performed, would infringe the patent – Anti-depressants – Crystalline form – Patents Act 1977, ss. 1, 2, 3, 5 and 14
Human rights - Freedom of expression - Art 10, ECHR - Defamation - Libel - Freedom of the press - Reporting statements of others - Duty to prove - Necessary in a democratic society
Unregistered designs – Breach of Confidence – Passing Off – Designs Based on Simple Geometric Shapes – Originality Test –s.213(4) Copyright Designs and Patents Act 1988
Trade marks – Directive 89/104/EEC – Absence of distinctive character – Distinctive character acquired through use – Use as part of or in conjunction with a registered trade mark
Defamation - Libel - Appeal - Summary disposal - Sections 8 to 10 Defamation Act 1996 - Website publication to the world at large - Whether claim could be an abuse of process - Jameel v Dow Jones
Data protection - 'Data' - s.1(1) Data Protection Act 1998 - Information previously processed - Information capable of conversion to digital format - 'Personal data' - Information about company - s.7(9) Data Protection Act 1998
Privacy - Photographs - Article 8, ECHR - Criminal investigation - Photograph of suspect released by police - Publication of photograph by newspapers - Whether interference prescribed by law
Defamation- Libel - Qualified Privilege- Summary Judgment-Part 24- Whether pre-action correspondence between a prospective litigant and a solicitor are protected by qualified privilege
Defamation- Harassment- Protection from Harassment Act 1997- Malice- Slander- Application to strike out claim for harassment and plea of malice- CPR Part 3.4 and Part 24.2
Human Rights- Freedom of expression - breach of confidence -respect for private life - Articles 8 and 13 of ECHR- intrusion- photography- whether domestic remedies had been exhausted
Sport - football - rules of admission to league competition - restraint of trade - common law rules - judicial review - discretionary relief - delay - prejudice to third parties - claim dismissed