Supreme Court, 22nd May 2013
Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court
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AAA v Associated Newspapers Ltd – WLR Daily
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189
“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
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Interflora wins trademark case against Marks & Spencer – The Guardian
“Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network’s name.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
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Newspaper royal charter plans are ‘bizarre’, says Liberty director – The Guardian
“A key adviser to the Leveson report, the civil rights campaigner Shami Chakrabarti, has hit out against politicians and newspaper barons, accusing them of letting down the public over promises to set up a new press watchdog.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
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Stop and Tase? – Criminal Law and Justice Weekly
“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”
Criminal Law and Justice Weekly, 18th May 2013
Source: www.criminallawandjustice.co.uk
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Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com
“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”
OUT-LAW.com, May 2013
Source: www.out-law.com
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Damages under section 13 DPA: Court of Appeal’s judgment in Halliday – Panopticon
“I blogged a while ago about the ex tempore judgment from the Court of Appeal in a potentially groundbreaking case on damages under section 13 of the DPA, namely Halliday v Creation Consumer Finance [2013] EWCA Civ 333. The point of potential importance was that ‘nominal damages’ appeared to suffice for the purposes of section 13(1), thereby opening up section 13(2). In short, the point is that claimants under the DPA cannot be compensated for distress unless they have also suffered financial harm. A ‘nominal damages’ approach to the concept of financial harm threatened to make the DPA’s compensation regime dramatically more claimant-friendly.”
Panopticon, 17th May 2013
Source: www.panopticonblog.com
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Button Moon creator Ian Allen wins court copyright fight – BBC News
“The creator of children’s TV show Button Moon has won a damages claim against a businessman he said copied his designs on T-shirts and mugs.”
BBC News, 17th May 2013
Source: www.bbc.co.uk
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Loveridge v Lambeth London Borough Council – WLR Daily
Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173
“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”
WLR Daily, 10th May 2013
Source: www.iclr.co.uk
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Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian
“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”
The Guardian, 13th May 2013
Source: www.guardian.co.uk
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Ramsey: costs management limits being reviewed – Litigation Futures
“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”
Litigation Futures, 13th May 2013
Source: www.litigationfutures.com
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WPc’s cut thumb will cost force £100,000 – Daily Telegraph
“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”
Daily Telegraph, 10th May 2013
Source: www.telegraph.co.uk
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Solicitor James Watson attacks police ‘vendetta’ – The Independent
“A defence solicitor who secured more than £500,000 in damages from a police force after he was wrongly arrested says officers mounted a ‘vendetta’ against him.”
The Independent, 11th May 2013
Source: www.independent.co.uk
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Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily
“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
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Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News
“The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
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Guidance from the Supreme Court on human rights damages – UK Human Rights Blog
“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
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An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers
“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”
Hardwicke Chambers, 19th April 2013
Source: www.hardwicke.co.uk
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How can the courts manage the Facebook phenomenon? – UK Human Rights Blog
“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
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Dale Farm protester awarded damages – Daily Telegraph
“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”
Daily Telegraph, 23rd April 2013
Source: www.telegraph.co.uk
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Teacher wins right to have dropped allegation removed from criminal record checks – The Independent
“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”
The Independent, 22nd April 2013
Source: www.independent.co.uk
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