The Supreme Court has given permission for the Times Newspaper’s appeal against the judgment of the Court of Appeal ( EWCA Civ 804), subject to the Times agreeing to pay Mr Flood’s costs in any event. The Times has apparently supplied copies of the relevant documents, including its submissions in the case about the requirement … Continue reading
The Supreme Court today gave judgment in Spiller v Joseph  UKSC 53, (available in html on BAILLI) a case concerning the scope of the fair comment defence to defamation. This is the first time since Jameel that the court has considered defamation, and the fair comment defence has not been considered by this court … Continue reading
The UKSC blog carries a summary by Hugh Tomlinson of a lecture give by Lord Walker on ‘The English Law of Privacy – an Evolving Human Right‘. The lecture distinguishes the English apporach (influenced by Article 8 ECHR), which is highly fact sensitive, with the position in Australia and New Zealand and also considers the … Continue reading
METROPOLITAN INTERNATIONAL SCHOOLS LIMITED (T/A SKILLSTRAIN and/or TRAIN2GAME) v DESIGNTECHNICA CORPORATION (T/A DIGITAL TRENDS)
This case concerns defamatory statements made within web forums about the claimant. It has been discussed before, as the claimant originally claimed against Google as well as the company hosting the forums. That element of the claim was dismissed as Google was not responsible for the comments complained of, so this element of the case … Continue reading
Lord Lester’s Private Member’s Bill has received its Second Reading in the House of Lords. According to the Explanatory Notes to the Bill, it aims to: strike a fair balance between private reputation and public information as protected by the common law and constitutional right to freedom of expression; modernise the defences to defamation proceedings … Continue reading
The Ministry of Justice has proposed to reform libel laws: The reforms will build on the work of the Libel Working Group, which was established by the Ministry of Justice in January to consider reforms to the law of libel and whose report is being published today. They will also build on responses to the … Continue reading
The lecture by Mr Justice Eady that launched the Centre for Law, Justice & Journalism last week is now available to view online here. Mr Justice Eady discussed the jurisprudence on Article 10 ECHR to a packed Oliver Thompson Lecture Theatre.
It seems that the Canadian Supreme Court has adopted reasoning similar to that in Reynolds. This has been blogged by the UK Supreme Court watchers (Olswant & Matrix Chambers) here.
Article XIX has mapped civil defamation around the globe. The organisation examined (i) possible damages, (ii) court cases and (iii) the largest awards. The details are available on the website, here.
Lonzim v Sprague  EWHC 2838 There has been much discussion of late about the High Court’s approach to libel and, in particular, the question of when the High Court is found to have jurisdiction regarding Internet publications. This case is a rare example of the court being prepared to find the criteria for abuse … Continue reading