Current Awareness » damages http://www.innertemplelibrary.com from the Inner Temple Library Thu, 23 May 2013 16:02:21 +0000 en-US hourly 1 Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court http://www.innertemplelibrary.com/2013/05/vestergaard-frandsen-as-now-called-mvf3-apps-and-others-appellants-v-bestnet-europe-limited-and-others-respondents-supreme-court/ http://www.innertemplelibrary.com/2013/05/vestergaard-frandsen-as-now-called-mvf3-apps-and-others-appellants-v-bestnet-europe-limited-and-others-respondents-supreme-court/#comments Thu, 23 May 2013 09:58:51 +0000 sally http://www.innertemplelibrary.com/?p=83884 Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

]]> http://www.innertemplelibrary.com/2013/05/vestergaard-frandsen-as-now-called-mvf3-apps-and-others-appellants-v-bestnet-europe-limited-and-others-respondents-supreme-court/feed/ 0 AAA v Associated Newspapers Ltd – WLR Daily http://www.innertemplelibrary.com/2013/05/aaa-v-associated-newspapers-ltd-wlr-daily/ http://www.innertemplelibrary.com/2013/05/aaa-v-associated-newspapers-ltd-wlr-daily/#comments Thu, 23 May 2013 09:45:39 +0000 sally http://www.innertemplelibrary.com/?p=83879 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

]]> http://www.innertemplelibrary.com/2013/05/aaa-v-associated-newspapers-ltd-wlr-daily/feed/ 0 Interflora wins trademark case against Marks & Spencer – The Guardian http://www.innertemplelibrary.com/2013/05/interflora-wins-trademark-case-against-marks-spencer-the-guardian/ http://www.innertemplelibrary.com/2013/05/interflora-wins-trademark-case-against-marks-spencer-the-guardian/#comments Wed, 22 May 2013 09:08:01 +0000 sally http://www.innertemplelibrary.com/?p=83848 “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.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/05/interflora-wins-trademark-case-against-marks-spencer-the-guardian/feed/ 0 Newspaper royal charter plans are ‘bizarre’, says Liberty director – The Guardian http://www.innertemplelibrary.com/2013/05/newspaper-royal-charter-plans-are-bizarre-says-liberty-director-the-guardian/ http://www.innertemplelibrary.com/2013/05/newspaper-royal-charter-plans-are-bizarre-says-liberty-director-the-guardian/#comments Wed, 22 May 2013 08:23:18 +0000 sally http://www.innertemplelibrary.com/?p=83838 “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.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/05/newspaper-royal-charter-plans-are-bizarre-says-liberty-director-the-guardian/feed/ 0 Stop and Tase? – Criminal Law and Justice Weekly http://www.innertemplelibrary.com/2013/05/stop-and-tase-criminal-law-and-justice-weekly/ http://www.innertemplelibrary.com/2013/05/stop-and-tase-criminal-law-and-justice-weekly/#comments Mon, 20 May 2013 10:38:53 +0000 sally http://www.innertemplelibrary.com/?p=83786 “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.”

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Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

]]> http://www.innertemplelibrary.com/2013/05/stop-and-tase-criminal-law-and-justice-weekly/feed/ 0 Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com http://www.innertemplelibrary.com/2013/05/changes-to-civil-procedure-rules-and-court-costs-made-in-april-2013-out-law-com/ http://www.innertemplelibrary.com/2013/05/changes-to-civil-procedure-rules-and-court-costs-made-in-april-2013-out-law-com/#comments Mon, 20 May 2013 09:49:20 +0000 sally http://www.innertemplelibrary.com/?p=83779 “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.”

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OUT-LAW.com, May 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/05/changes-to-civil-procedure-rules-and-court-costs-made-in-april-2013-out-law-com/feed/ 0 Damages under section 13 DPA: Court of Appeal’s judgment in Halliday – Panopticon http://www.innertemplelibrary.com/2013/05/damages-under-section-13-dpa-court-of-appeals-judgment-in-halliday-panopticon/ http://www.innertemplelibrary.com/2013/05/damages-under-section-13-dpa-court-of-appeals-judgment-in-halliday-panopticon/#comments Mon, 20 May 2013 09:03:56 +0000 sally http://www.innertemplelibrary.com/?p=83769 “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.”

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Panopticon, 17th May 2013

Source: www.panopticonblog.com

]]> http://www.innertemplelibrary.com/2013/05/damages-under-section-13-dpa-court-of-appeals-judgment-in-halliday-panopticon/feed/ 0 Button Moon creator Ian Allen wins court copyright fight – BBC News http://www.innertemplelibrary.com/2013/05/button-moon-creator-ian-allen-wins-court-copyright-fight-bbc-news/ http://www.innertemplelibrary.com/2013/05/button-moon-creator-ian-allen-wins-court-copyright-fight-bbc-news/#comments Mon, 20 May 2013 08:56:36 +0000 sally http://www.innertemplelibrary.com/?p=83767 “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.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

]]> http://www.innertemplelibrary.com/2013/05/button-moon-creator-ian-allen-wins-court-copyright-fight-bbc-news/feed/ 0 Loveridge v Lambeth London Borough Council – WLR Daily http://www.innertemplelibrary.com/2013/05/loveridge-v-lambeth-london-borough-council-wlr-daily/ http://www.innertemplelibrary.com/2013/05/loveridge-v-lambeth-london-borough-council-wlr-daily/#comments Thu, 16 May 2013 10:22:00 +0000 sally http://www.innertemplelibrary.com/?p=83718 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

]]> http://www.innertemplelibrary.com/2013/05/loveridge-v-lambeth-london-borough-council-wlr-daily/feed/ 0 Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian http://www.innertemplelibrary.com/2013/05/sun-on-sunday-pays-damages-to-man-wrongly-linked-to-serial-killer-the-guardian/ http://www.innertemplelibrary.com/2013/05/sun-on-sunday-pays-damages-to-man-wrongly-linked-to-serial-killer-the-guardian/#comments Tue, 14 May 2013 09:22:46 +0000 sally http://www.innertemplelibrary.com/?p=83645 “The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/05/sun-on-sunday-pays-damages-to-man-wrongly-linked-to-serial-killer-the-guardian/feed/ 0 Ramsey: costs management limits being reviewed – Litigation Futures http://www.innertemplelibrary.com/2013/05/ramsey-costs-management-limits-being-reviewed-litigation-futures/ http://www.innertemplelibrary.com/2013/05/ramsey-costs-management-limits-being-reviewed-litigation-futures/#comments Mon, 13 May 2013 10:43:26 +0000 tracey http://www.innertemplelibrary.com/?p=83628 “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.”

Full story

Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

]]> http://www.innertemplelibrary.com/2013/05/ramsey-costs-management-limits-being-reviewed-litigation-futures/feed/ 0 WPc’s cut thumb will cost force £100,000 – Daily Telegraph http://www.innertemplelibrary.com/2013/05/wpcs-cut-thumb-will-cost-force-100000-daily-telegraph/ http://www.innertemplelibrary.com/2013/05/wpcs-cut-thumb-will-cost-force-100000-daily-telegraph/#comments Mon, 13 May 2013 09:22:36 +0000 tracey http://www.innertemplelibrary.com/?p=83603 “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.”

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Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2013/05/wpcs-cut-thumb-will-cost-force-100000-daily-telegraph/feed/ 0 Solicitor James Watson attacks police ‘vendetta’ – The Independent http://www.innertemplelibrary.com/2013/05/solicitor-james-watson-attacks-police-vendetta-the-independent/ http://www.innertemplelibrary.com/2013/05/solicitor-james-watson-attacks-police-vendetta-the-independent/#comments Mon, 13 May 2013 09:02:08 +0000 tracey http://www.innertemplelibrary.com/?p=83598 “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.”

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The Independent, 11th May 2013

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2013/05/solicitor-james-watson-attacks-police-vendetta-the-independent/feed/ 0 Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily http://www.innertemplelibrary.com/2013/05/regina-faulkner-v-secretary-of-state-for-justice-and-another-regina-sturnham-v-parole-board-and-another-wlr-daily/ http://www.innertemplelibrary.com/2013/05/regina-faulkner-v-secretary-of-state-for-justice-and-another-regina-sturnham-v-parole-board-and-another-wlr-daily/#comments Wed, 08 May 2013 09:14:33 +0000 sally http://www.innertemplelibrary.com/?p=83513 Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“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

]]> http://www.innertemplelibrary.com/2013/05/regina-faulkner-v-secretary-of-state-for-justice-and-another-regina-sturnham-v-parole-board-and-another-wlr-daily/feed/ 0 Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News http://www.innertemplelibrary.com/2013/05/met-police-pay-libel-damages-to-riots-good-samaritan-bbc-news/ http://www.innertemplelibrary.com/2013/05/met-police-pay-libel-damages-to-riots-good-samaritan-bbc-news/#comments Fri, 03 May 2013 12:06:32 +0000 tracey http://www.innertemplelibrary.com/?p=83472 “The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

]]> http://www.innertemplelibrary.com/2013/05/met-police-pay-libel-damages-to-riots-good-samaritan-bbc-news/feed/ 0 Guidance from the Supreme Court on human rights damages – UK Human Rights Blog http://www.innertemplelibrary.com/2013/05/guidance-from-the-supreme-court-on-human-rights-damages-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/05/guidance-from-the-supreme-court-on-human-rights-damages-uk-human-rights-blog/#comments Fri, 03 May 2013 09:46:16 +0000 tracey http://www.innertemplelibrary.com/?p=83452 “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.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

 

]]> http://www.innertemplelibrary.com/2013/05/guidance-from-the-supreme-court-on-human-rights-damages-uk-human-rights-blog/feed/ 0 An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers http://www.innertemplelibrary.com/2013/05/an-introduction-to-qualified-one-way-costs-shifting-new-cpr-44-13-17-hardwicke-chambers/ http://www.innertemplelibrary.com/2013/05/an-introduction-to-qualified-one-way-costs-shifting-new-cpr-44-13-17-hardwicke-chambers/#comments Wed, 01 May 2013 09:39:55 +0000 sally http://www.innertemplelibrary.com/?p=83395 “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’.”

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Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

]]> http://www.innertemplelibrary.com/2013/05/an-introduction-to-qualified-one-way-costs-shifting-new-cpr-44-13-17-hardwicke-chambers/feed/ 0 How can the courts manage the Facebook phenomenon? – UK Human Rights Blog http://www.innertemplelibrary.com/2013/04/how-can-the-courts-manage-the-facebook-phenomenon-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/04/how-can-the-courts-manage-the-facebook-phenomenon-uk-human-rights-blog/#comments Wed, 24 Apr 2013 15:04:22 +0000 sally http://www.innertemplelibrary.com/?p=83215 “In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2013/04/how-can-the-courts-manage-the-facebook-phenomenon-uk-human-rights-blog/feed/ 0 Dale Farm protester awarded damages – Daily Telegraph http://www.innertemplelibrary.com/2013/04/dale-farm-protester-awarded-damages-daily-telegraph/ http://www.innertemplelibrary.com/2013/04/dale-farm-protester-awarded-damages-daily-telegraph/#comments Tue, 23 Apr 2013 10:28:44 +0000 sally http://www.innertemplelibrary.com/?p=83175 “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.”

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Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2013/04/dale-farm-protester-awarded-damages-daily-telegraph/feed/ 0 Teacher wins right to have dropped allegation removed from criminal record checks – The Independent http://www.innertemplelibrary.com/2013/04/teacher-wins-right-to-have-dropped-allegation-removed-from-criminal-record-checks-the-independent/ http://www.innertemplelibrary.com/2013/04/teacher-wins-right-to-have-dropped-allegation-removed-from-criminal-record-checks-the-independent/#comments Mon, 22 Apr 2013 14:18:07 +0000 sally http://www.innertemplelibrary.com/?p=83158 “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.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2013/04/teacher-wins-right-to-have-dropped-allegation-removed-from-criminal-record-checks-the-independent/feed/ 0 Cutting to the chase – New Law Journal http://www.innertemplelibrary.com/2013/04/cutting-to-the-chase-new-law-journal/ http://www.innertemplelibrary.com/2013/04/cutting-to-the-chase-new-law-journal/#comments Mon, 22 Apr 2013 10:40:55 +0000 sally http://www.innertemplelibrary.com/?p=83148 “The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”

Full story

New Law Journal, 19th April 2013

Source: www.newlawjournal.co.uk

]]> http://www.innertemplelibrary.com/2013/04/cutting-to-the-chase-new-law-journal/feed/ 0 Court awards anonymity for victim of libellous “paedophile” allegations – UK Human Rights Blog http://www.innertemplelibrary.com/2013/04/court-awards-anonymity-for-victim-of-libellous-paedophile-allegations-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/04/court-awards-anonymity-for-victim-of-libellous-paedophile-allegations-uk-human-rights-blog/#comments Mon, 22 Apr 2013 10:19:20 +0000 sally http://www.innertemplelibrary.com/?p=83146 “The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment: ‘what is to be found on the internet may become like a tattoo’.”

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UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2013/04/court-awards-anonymity-for-victim-of-libellous-paedophile-allegations-uk-human-rights-blog/feed/ 0 Phone hacking: NoW publisher pays damages to Neil Hamilton – The Guardian http://www.innertemplelibrary.com/2013/04/phone-hacking-now-publisher-pays-damages-to-neil-hamilton-the-guardian/ http://www.innertemplelibrary.com/2013/04/phone-hacking-now-publisher-pays-damages-to-neil-hamilton-the-guardian/#comments Fri, 19 Apr 2013 12:29:00 +0000 tracey http://www.innertemplelibrary.com/?p=83128 “Reality TV star Jady Goody’s estate, former Conservative MP Neil Hamilton and his wife Christine and a former aide to Tony Blair are among eight of the latest claimants to settle their cases against News of the World for phone hacking.”

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The Guardian, 19th April 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/04/phone-hacking-now-publisher-pays-damages-to-neil-hamilton-the-guardian/feed/ 0 Private Trusts and the Court of Protection – No. 5 Chambers http://www.innertemplelibrary.com/2013/04/private-trusts-and-the-court-of-protection-no-5-chambers/ http://www.innertemplelibrary.com/2013/04/private-trusts-and-the-court-of-protection-no-5-chambers/#comments Wed, 17 Apr 2013 12:09:50 +0000 sally http://www.innertemplelibrary.com/?p=83057 “The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court is responsible for determining disputes as to the registration of enduring powers of attorney (“EPA”), and Lasting Powers of Attorney (‘LPA’), appointing new trustees, authorising certain gifts and making statutory wills.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

]]> http://www.innertemplelibrary.com/2013/04/private-trusts-and-the-court-of-protection-no-5-chambers/feed/ 0 Courts can use hypothetical licensing arrangements to calculate trade mark damages, says High Court – OUT-LAW.com http://www.innertemplelibrary.com/2013/04/courts-can-use-hypothetical-licensing-arrangements-to-calculate-trade-mark-damages-says-high-court-out-law-com/ http://www.innertemplelibrary.com/2013/04/courts-can-use-hypothetical-licensing-arrangements-to-calculate-trade-mark-damages-says-high-court-out-law-com/#comments Wed, 17 Apr 2013 10:22:48 +0000 sally http://www.innertemplelibrary.com/?p=83044 “Courts can calculate trade mark infringement damages based on a hypothetical licensing arrangement, the High Court has said.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/04/courts-can-use-hypothetical-licensing-arrangements-to-calculate-trade-mark-damages-says-high-court-out-law-com/feed/ 0 Sally Bercow faces first high court hearing in Twitter libel battle – The Guardian http://www.innertemplelibrary.com/2013/04/sally-bercow-faces-first-high-court-hearing-in-twitter-libel-battle-the-guardian/ http://www.innertemplelibrary.com/2013/04/sally-bercow-faces-first-high-court-hearing-in-twitter-libel-battle-the-guardian/#comments Mon, 15 Apr 2013 08:51:41 +0000 sally http://www.innertemplelibrary.com/?p=82996 “Sally Bercow, the wife of the Commons speaker, faces her first high court hearing next week as part of the libel battle with Lord McAlpine over an allegedly defamatory Twitter message.”

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The Guardian, 12th April 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/04/sally-bercow-faces-first-high-court-hearing-in-twitter-libel-battle-the-guardian/feed/ 0 Damages-based agreements – Are you at risk of being sued? – Hardwicke Chambers http://www.innertemplelibrary.com/2013/04/damages-based-agreements-are-you-at-risk-of-being-sued-hardwicke-chambers/ http://www.innertemplelibrary.com/2013/04/damages-based-agreements-are-you-at-risk-of-being-sued-hardwicke-chambers/#comments Thu, 11 Apr 2013 10:14:38 +0000 sally http://www.innertemplelibrary.com/?p=82962 “Damages-Based Agreements (‘DBAs’) became lawful on 1 April 2013 thanks to the Jackson reforms and more particularly the Damages-Based Agreements Regulations 2013. A DBA is a contingency fee arrangement whereby the lawyers can take a percentage of the damages (up to a maximum of 25% in personal injury cases, 35% in employment cases and 50% in most other cases).”

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Hardwicke Chambers, 2nd April 2013

Source: www.hardwicke.co.uk

]]> http://www.innertemplelibrary.com/2013/04/damages-based-agreements-are-you-at-risk-of-being-sued-hardwicke-chambers/feed/ 0 Former lady of Blarney Castle wins damages after being branded ‘psycho’ – Daily Telegraph http://www.innertemplelibrary.com/2013/04/former-lady-of-blarney-castle-wins-damages-after-being-branded-psycho-daily-telegraph/ http://www.innertemplelibrary.com/2013/04/former-lady-of-blarney-castle-wins-damages-after-being-branded-psycho-daily-telegraph/#comments Thu, 11 Apr 2013 08:39:05 +0000 sally http://www.innertemplelibrary.com/?p=82950 “The former wife of the owner of Blarney Castle, where the Blarney Stone is kept, has won damages at the High Court after being branded as a ‘psycho’ who should be avoided.”

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Daily Telegraph, 10th April 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

]]> http://www.innertemplelibrary.com/2013/04/former-lady-of-blarney-castle-wins-damages-after-being-branded-psycho-daily-telegraph/feed/ 0 Yes, suspects are sometimes innocent – but secret arrests are not the answer – The Guardian http://www.innertemplelibrary.com/2013/04/yes-suspects-are-sometimes-innocent-but-secret-arrests-are-not-the-answer-the-guardian/ http://www.innertemplelibrary.com/2013/04/yes-suspects-are-sometimes-innocent-but-secret-arrests-are-not-the-answer-the-guardian/#comments Wed, 10 Apr 2013 15:27:11 +0000 sally http://www.innertemplelibrary.com/?p=82946 “Senior judges support a blanket ban on naming defendants, but public must understand there can be smoke without fire.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/04/yes-suspects-are-sometimes-innocent-but-secret-arrests-are-not-the-answer-the-guardian/feed/ 0 Albion v Dwr Cymru: Incompetence and counterfactuals – Competition Bulletin from Blackstone Chambers http://www.innertemplelibrary.com/2013/04/albion-v-dwr-cymru-incompetence-and-counterfactuals-competition-bulletin-from-blackstone-chambers/ http://www.innertemplelibrary.com/2013/04/albion-v-dwr-cymru-incompetence-and-counterfactuals-competition-bulletin-from-blackstone-chambers/#comments Tue, 02 Apr 2013 10:02:41 +0000 sally http://www.innertemplelibrary.com/?p=82799 “The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”

Full story

Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

]]> http://www.innertemplelibrary.com/2013/04/albion-v-dwr-cymru-incompetence-and-counterfactuals-competition-bulletin-from-blackstone-chambers/feed/ 0 Jackson reforms: trials and tribulation – Law Society’s Gazette http://www.innertemplelibrary.com/2013/03/jackson-reforms-trials-and-tribulation-law-societys-gazette/ http://www.innertemplelibrary.com/2013/03/jackson-reforms-trials-and-tribulation-law-societys-gazette/#comments Tue, 26 Mar 2013 10:35:55 +0000 sally http://www.innertemplelibrary.com/?p=82670 “One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Rupert Jackson is still in full swing. To be fair to the refusniks, the impression that all was not settled has been given in part by the last-minute approach the Ministry of Justice has taken to issuing details on implementation. If the government and the senior judiciary had yet to say what was to come on, respectively, damages-based agreements and big-ticket costs budgeting, perhaps they were still open to persuasion?”

Full story

Law Society’s Gazette, 25th March 2013

Source: www.lawgazette.co.uk

]]> http://www.innertemplelibrary.com/2013/03/jackson-reforms-trials-and-tribulation-law-societys-gazette/feed/ 0 Swift v Secretary of State for Justice – WLR Daily http://www.innertemplelibrary.com/2013/03/swift-v-secretary-of-state-for-justice-wlr-daily/ http://www.innertemplelibrary.com/2013/03/swift-v-secretary-of-state-for-justice-wlr-daily/#comments Tue, 26 Mar 2013 09:38:04 +0000 sally http://www.innertemplelibrary.com/?p=82650 Swift v Secretary of State for Justice [2013] EWCA Civ 193; [2013] WLR (D) 118

“The exclusion of a person, cohabiting for less than two years with another who had subsequently died, from the classes of family members entitled to claim damages for loss of dependency under the Fatal Accidents Act 1976, as amended, was a proportionate means of pursuing the legitimate legislative aim of confining the right to recovery to those who had relationships of some degree of permanence and dependence. Accordingly, section 1(3)(b) of the 1976 Act, as substituted by section 3(1) of the Administration of Justice Act 1982, was not incompatible with article 14, in conjunction with article 8, of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the choice made by the legislature was not manifestly without foundation and was one Parliament was entitled to make. And even if the section amounted to an interference with the right to respect for family life in breach of article 8.1, the interference was justified under article 8.2.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/03/swift-v-secretary-of-state-for-justice-wlr-daily/feed/ 0 Blogs likely to be excluded from press reforms by House of Lords – The Guardian http://www.innertemplelibrary.com/2013/03/blogs-likely-to-be-excluded-from-press-reforms-by-house-of-lords-the-guardian/ http://www.innertemplelibrary.com/2013/03/blogs-likely-to-be-excluded-from-press-reforms-by-house-of-lords-the-guardian/#comments Mon, 25 Mar 2013 09:17:15 +0000 sally http://www.innertemplelibrary.com/?p=82620 “Fears that bloggers and small-scale news websites will be dragged into the new proposed system of press regulation, so facing crippling costs, appeared to be lifting on Friday when Labour and the Liberal Democrats agreed to table last-minute amendments in the Lords to make it clear they will be excluded.”

Full story

The Guardian, 22nd March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/blogs-likely-to-be-excluded-from-press-reforms-by-house-of-lords-the-guardian/feed/ 0 Independent ordered to pay damages for Nazi war criminal error – The Guardian http://www.innertemplelibrary.com/2013/03/independent-ordered-to-pay-damages-for-nazi-war-criminal-error-the-guardian/ http://www.innertemplelibrary.com/2013/03/independent-ordered-to-pay-damages-for-nazi-war-criminal-error-the-guardian/#comments Fri, 22 Mar 2013 16:24:46 +0000 sally http://www.innertemplelibrary.com/?p=82617 “A Croatian actor has accepted substantial undisclosed libel damages over an article in the Independent which wrongly identified him as a Nazi war criminal.”

Full story

The Guardian, 22nd March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/independent-ordered-to-pay-damages-for-nazi-war-criminal-error-the-guardian/feed/ 0 Damages-Based Agreements: potential or potential pitfall? – 11 Stone Buildings http://www.innertemplelibrary.com/2013/03/damages-based-agreements-potential-or-potential-pitfall-11-stone-buildings/ http://www.innertemplelibrary.com/2013/03/damages-based-agreements-potential-or-potential-pitfall-11-stone-buildings/#comments Thu, 21 Mar 2013 10:38:22 +0000 sally http://www.innertemplelibrary.com/?p=82587 “As part of the Jackson Reforms the much talked about Damages-Based Agreements Regulations 2013 come into force on 1st April 2013. Damages Based agreements (‘DBAs’) open up the prospect of fees becoming entirely divorced from the actual hours worked on a case. This can lead to much higher fees than those which will arise using the hour-based method, even on a CFA with a 100% uplift. However, there are some potentially serious implications to consider. Don McCue takes a closer look at the potential impact of using DBAs, how they compare to Conditional Fee Agreements (‘CFAs’) in different litigation scenarios, and how DBAs relate to the Solicitors Regulation Authority (‘SRA’) Code of Conduct.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

]]> http://www.innertemplelibrary.com/2013/03/damages-based-agreements-potential-or-potential-pitfall-11-stone-buildings/feed/ 2 Press regulation: publishers may have grounds for legal challenge – The Guardian http://www.innertemplelibrary.com/2013/03/press-regulation-publishers-may-have-grounds-for-legal-challenge-the-guardian/ http://www.innertemplelibrary.com/2013/03/press-regulation-publishers-may-have-grounds-for-legal-challenge-the-guardian/#comments Wed, 20 Mar 2013 10:01:49 +0000 tracey http://www.innertemplelibrary.com/?p=82549 “Newspapers likely to take action over regulations that will require huge payouts when stories are wrong.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/press-regulation-publishers-may-have-grounds-for-legal-challenge-the-guardian/feed/ 0 Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily http://www.innertemplelibrary.com/2013/03/vehicle-control-services-ltd-v-revenue-and-customs-comrs-wlr-daily/ http://www.innertemplelibrary.com/2013/03/vehicle-control-services-ltd-v-revenue-and-customs-comrs-wlr-daily/#comments Tue, 19 Mar 2013 11:52:36 +0000 tracey http://www.innertemplelibrary.com/?p=82530 Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186;   [2013] WLR (D)  105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/03/vehicle-control-services-ltd-v-revenue-and-customs-comrs-wlr-daily/feed/ 0 Damages for death and human rights – UK Human Rights Blog http://www.innertemplelibrary.com/2013/03/damages-for-death-and-human-rights-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/03/damages-for-death-and-human-rights-uk-human-rights-blog/#comments Tue, 19 Mar 2013 11:02:13 +0000 tracey http://www.innertemplelibrary.com/?p=82519 “Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013. Ms Swift lost her live-in partner in an accident at work caused by negligence. She was pregnant with her partner’s child, but had only been living with him for 6 months. Had she been with him for 2 years, she could have claimed damages for his death under section 1(3) of the Fatal Accidents Act – set out at [1] of the CA judgment. She would then have been a ‘dependant’ as defined under the FAA. So she argued that her rights under Articles 8 (family) and 14 (discrimination) of the ECHR were not properly respected by the law governing damages for the death of a relative – there was no justification for this stark cut-off – 1 year 11 months no claim, 2 years a claim. The judge refused to grant a declaration of incompatibility between the ECHR and the Fatal Accidents Act, and the Court of Appeal has just upheld his decision.”

Full story

UK Human Rights Blog, 18th March 2013

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2013/03/damages-for-death-and-human-rights-uk-human-rights-blog/feed/ 0 Court of Appeal rules on damages for frustration at DPA breach – Panopticon http://www.innertemplelibrary.com/2013/03/court-of-appeal-rules-on-damages-for-frustration-at-dpa-breach-panopticon/ http://www.innertemplelibrary.com/2013/03/court-of-appeal-rules-on-damages-for-frustration-at-dpa-breach-panopticon/#comments Tue, 19 Mar 2013 10:54:23 +0000 tracey http://www.innertemplelibrary.com/?p=82515 “On a day in which the remedying of privacy breaches of the kind considered by Leveson LJ dominated parliamentary debate, the Court of Appeal (Arden LJ, Lloyd LJ and Ryder J) delivered an interesting judgment on remedies for privacy breaches of the data protection variety.”

Full story

Panopticon, 18th March 2013

Source: www.panopticonblog.com

]]> http://www.innertemplelibrary.com/2013/03/court-of-appeal-rules-on-damages-for-frustration-at-dpa-breach-panopticon/feed/ 0 Labour MP given ‘substantial damages’ after Sun accessed text messages – The Guardian http://www.innertemplelibrary.com/2013/03/labour-mp-given-substantial-damages-after-sun-accessed-text-messages-the-guardian/ http://www.innertemplelibrary.com/2013/03/labour-mp-given-substantial-damages-after-sun-accessed-text-messages-the-guardian/#comments Mon, 18 Mar 2013 15:41:58 +0000 sally http://www.innertemplelibrary.com/?p=82491 “The Labour MP Siobhain McDonagh has accepted ‘very substantial damages’ from News International, with the Sun admitting that it accessed text messages from her mobile phone after it was stolen, the high court has heard.”

Full story

The Guardian, 18th March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/labour-mp-given-substantial-damages-after-sun-accessed-text-messages-the-guardian/feed/ 0 Facilitating the Return of Abducted Children – The judgment of the European Court of Human Rights – Family Law Week http://www.innertemplelibrary.com/2013/03/facilitating-the-return-of-abducted-children-the-judgment-of-the-european-court-of-human-rights-family-law-week/ http://www.innertemplelibrary.com/2013/03/facilitating-the-return-of-abducted-children-the-judgment-of-the-european-court-of-human-rights-family-law-week/#comments Mon, 18 Mar 2013 11:45:48 +0000 sally http://www.innertemplelibrary.com/?p=82483 “Esther Lieu, a Pupil at Coram Chambers, and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR’s recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.”

Full story

Family Law Week, 18th March 2013

Source: www.familylawweek.com

]]> http://www.innertemplelibrary.com/2013/03/facilitating-the-return-of-abducted-children-the-judgment-of-the-european-court-of-human-rights-family-law-week/feed/ 0 Carmarthenshire blogger loses libel case against council chief – BBC News http://www.innertemplelibrary.com/2013/03/carmarthenshire-blogger-loses-libel-case-against-council-chief-bbc-news/ http://www.innertemplelibrary.com/2013/03/carmarthenshire-blogger-loses-libel-case-against-council-chief-bbc-news/#comments Fri, 15 Mar 2013 13:57:04 +0000 tracey http://www.innertemplelibrary.com/?p=82458 “A blogger who sued a council chief executive for libel says she is ‘absolutely devastated’ after losing the case and being told to pay him £25,000 damages when he counter-sued.”

Full story

BBC News, 15th March 2013

Source: www.bbc.co.uk

]]> http://www.innertemplelibrary.com/2013/03/carmarthenshire-blogger-loses-libel-case-against-council-chief-bbc-news/feed/ 0 Couple falsely accused of child abuse win damages from Haringey council – The Guardian http://www.innertemplelibrary.com/2013/03/couple-falsely-accused-of-child-abuse-win-damages-from-haringey-council-the-guardian/ http://www.innertemplelibrary.com/2013/03/couple-falsely-accused-of-child-abuse-win-damages-from-haringey-council-the-guardian/#comments Fri, 15 Mar 2013 10:09:23 +0000 tracey http://www.innertemplelibrary.com/?p=82424 “Two experienced senior social workers who were plunged into a ‘nightmare’ after officials unlawfully investigated them over false allegations they had ill-treated their young daughter have won damages in the high court.”

Full story

The Guardian, 14th March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/couple-falsely-accused-of-child-abuse-win-damages-from-haringey-council-the-guardian/feed/ 0 Top Gear up before Top Judges – UK Human Rights Blog http://www.innertemplelibrary.com/2013/03/top-gear-up-before-top-judges-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/03/top-gear-up-before-top-judges-uk-human-rights-blog/#comments Thu, 07 Mar 2013 09:51:15 +0000 sally http://www.innertemplelibrary.com/?p=82278 “The Court of Appeal has refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the ‘Top Gear’ programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial.”

Full story

UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2013/03/top-gear-up-before-top-judges-uk-human-rights-blog/feed/ 0 Collective actions and access to justice – Legal Voice http://www.innertemplelibrary.com/2013/03/collective-actions-and-access-to-justice-legal-voice/ http://www.innertemplelibrary.com/2013/03/collective-actions-and-access-to-justice-legal-voice/#comments Mon, 04 Mar 2013 10:36:37 +0000 sally http://www.innertemplelibrary.com/?p=82203 “The Government recently confirmed its intention to introduce ‘collective actions’ in the UK for competition law. Not only should this enable large numbers of consumers and small businesses to obtain redress against anti-competitive behaviour, but an important by-product is that leftover damages could benefit access to justice more generally.”

Full story

Legal Voice, 1st March 2013

Source: www.legalvoice.org.uk

]]> http://www.innertemplelibrary.com/2013/03/collective-actions-and-access-to-justice-legal-voice/feed/ 0 Libyan politician offers to settle UK lawsuit for £3 and an apology – The Guardian http://www.innertemplelibrary.com/2013/03/libyan-politician-offers-to-settle-uk-lawsuit-for-3-and-an-apology-the-guardian/ http://www.innertemplelibrary.com/2013/03/libyan-politician-offers-to-settle-uk-lawsuit-for-3-and-an-apology-the-guardian/#comments Mon, 04 Mar 2013 09:17:23 +0000 sally http://www.innertemplelibrary.com/?p=82192 “A Libyan politician who is suing the former foreign secretary Jack Straw and the British government for damages after being kidnapped and taken to one of Gaddafi’s jails has offered to settle the case for just £3, providing he also receives an unreserved apology.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/libyan-politician-offers-to-settle-uk-lawsuit-for-3-and-an-apology-the-guardian/feed/ 0 Bar Council calls for changes as peers prepare to vote on new CFA and DBA rules – Litigation Futures http://www.innertemplelibrary.com/2013/02/bar-council-calls-for-changes-as-peers-prepare-to-vote-on-new-cfa-and-dba-rules-litigation-futures/ http://www.innertemplelibrary.com/2013/02/bar-council-calls-for-changes-as-peers-prepare-to-vote-on-new-cfa-and-dba-rules-litigation-futures/#comments Mon, 25 Feb 2013 10:43:48 +0000 sally http://www.innertemplelibrary.com/?p=82069 “The government needs to deal with range of defects in the new rules for conditional fee agreements (CFAs) and damages-based agreements (DBAs), the Bar Council has urged ahead of a debate on them in the House of Lords tomorrow.”

Full story

Litigation Futures, 25th February 2013

Source: www.litigationfutures.com

]]> http://www.innertemplelibrary.com/2013/02/bar-council-calls-for-changes-as-peers-prepare-to-vote-on-new-cfa-and-dba-rules-litigation-futures/feed/ 0 Hooper and another v Oates – WLR Daily http://www.innertemplelibrary.com/2013/02/hooper-and-another-v-oates-wlr-daily/ http://www.innertemplelibrary.com/2013/02/hooper-and-another-v-oates-wlr-daily/#comments Fri, 22 Feb 2013 12:50:53 +0000 sally http://www.innertemplelibrary.com/?p=82057 Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/02/hooper-and-another-v-oates-wlr-daily/feed/ 0 Bill forcing papers to seek pre-publication approval is ‘flawed’ – The Guardian http://www.innertemplelibrary.com/2013/02/bill-forcing-papers-to-seek-pre-publication-approval-is-flawed-the-guardian/ http://www.innertemplelibrary.com/2013/02/bill-forcing-papers-to-seek-pre-publication-approval-is-flawed-the-guardian/#comments Fri, 22 Feb 2013 12:05:57 +0000 sally http://www.innertemplelibrary.com/?p=82045 “Proposals for a new law which would require newspaper editors to seek regulatory approval for certain types of stories are flawed and should be abandoned, a number of peers have said.”

Full story

The Guardian, 22nd February 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/02/bill-forcing-papers-to-seek-pre-publication-approval-is-flawed-the-guardian/feed/ 0 Lord McAlpine drops defamation claims against Twitter users with fewer than 500 followers – The Independent http://www.innertemplelibrary.com/2013/02/lord-mcalpine-drops-defamation-claims-against-twitter-users-with-fewer-than-500-followers-the-independent/ http://www.innertemplelibrary.com/2013/02/lord-mcalpine-drops-defamation-claims-against-twitter-users-with-fewer-than-500-followers-the-independent/#comments Fri, 22 Feb 2013 11:58:46 +0000 sally http://www.innertemplelibrary.com/?p=82042 “Lord McAlpine has announced that he is dropping defamation claims against Twitter users with fewer than 500 followers who wrongly named him as a paedophile, instead asking for a charitable donation.”

Full story

The Independent, 21st February 2013

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2013/02/lord-mcalpine-drops-defamation-claims-against-twitter-users-with-fewer-than-500-followers-the-independent/feed/ 0