Meghan wins court bid to keep friends’ identities secret – The Guardian

Posted August 6th, 2020 in anonymity, defamation, media, news, privacy, royal family by sally

‘The Duchess of Sussex has won a high court bid to keep secret the identities of five friends who gave anonymous interviews to a US celebrity magazine, in the latest stage of her legal action against the owner of the Mail on Sunday.’

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The Guardian, 5th August 2020

Source: www.theguardian.com

TV personalities withdraw libel claim against barrister – Legal Futures

Posted July 30th, 2020 in barristers, defamation, internet, media, news by sally

‘TV personalities Rachel Riley and Tracy-Ann Oberman have withdrawn their defamation claim against a London barrister who retweeted an article about them.’

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Legal Futures, 30th July 2020

Source: www.legalfutures.co.uk

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Johnny Depp case: What are the libel laws and how do they work? – BBC News

Posted July 28th, 2020 in defamation, defences, media, news by sally

‘After weeks of revelations and accusations in court about his personal relationships, actor Johnny Depp’s mammoth legal action against The Sun for libel is coming to an end – with a judgement expected at the end of the summer.’

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BBC News, 28th July 2020

Source: www.bbc.co.uk

Stevie Martin: Bullying, threatening and animus: what remains of the rule against apparent bias following the Supreme Court’s judgment in Serafin? – UK Constitutional Law Association

‘At the heart of the Supreme Court judgment in Serafin v Malkiewicz was the question of whether the Court of Appeal was correct in finding that the defamation proceedings before Justice Jay had been unfair (though the Court’s reasons with respect to the public interest defence under s 4 of the Defamation Act 2013 are also profoundly significant).’

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UK Constitutional Law Association, 22nd July 2020

Source: ukconstitutionallaw.org

Defamation Trumps Data Protection? Steele Yourselves! – Panopticon

Posted July 21st, 2020 in chambers articles, data protection, defamation, news by sally

‘It is a common trope of media lawyers that defamation claims have been on the wane since the Defamation Act 2013, and that data protection law might be the way to fill the gap. (We at Panopticon scorn such arriviste tendencies.) And in Warby J, there is a willing champion of alignment of legal principles between defamation and data protection. He particularly emphasised the read-across in the context of complaints of inaccurate data processing in NT1 v Google LLC [2018] EWHC 799 (QB) (see here) and he has done so again in his very interesting judgment in Aven v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB).’

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Panopticon, 20th July 2020

Source: panopticonblog.com

Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Transparency Project

‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’

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Transparency Project, 5th July 2020

Source: www.transparencyproject.org.uk

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

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The Guardian, 4th July 2020

Source: www.theguardian.com

UK judge rules against Johnny Depp over ‘drugs texts’ in libel case – The Guardian

Posted June 30th, 2020 in defamation, disclosure, domestic violence, drug abuse, evidence, news by sally

‘Johnny Depp has breached an order in a libel case by failing to disclose texts that apparently show him trying to obtain drugs, the high court has ruled.’

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The Guardian, 29th June 2020

Source: www.theguardian.com

Rebekah Vardy sues Coleen Rooney over ‘Wagatha Christie’ claims – The Guardian

Posted June 24th, 2020 in defamation, internet, media, news by sally

‘Rebekah Vardy has launched defamation proceedings against Coleen Rooney at the high court in London, in what could be an extraordinary legal case detailing the feud between the two women and their relationships with the British tabloid media.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

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Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

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UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Libel judge issues “wasteful” bundles warning – Litigation Futures

Posted June 1st, 2020 in case management, defamation, documents, media, news, proportionality by sally

‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Barrister in libel battle with TV personalities – Legal Futures

Posted May 20th, 2020 in barristers, defamation, internet, news by sally

‘Comments about TV stars Rachel Riley and Tracy-Ann Oberman made in an article retweeted by a London barrister were defamatory, the High Court has ruled in a preliminary hearing.’

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Legal Futures, 19th May 2020

Source: www.legalfutures.co.uk

Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette

Posted May 19th, 2020 in defamation, news, sanctions, time limits, witnesses by sally

‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Tommy Robinson accused Syrian teen of attacking girl, judge finds – The Guardian

Posted April 22nd, 2020 in defamation, internet, news, violence, young persons by sally

‘Online comments made by the far right activist Tommy Robinson about a Syrian teenager amounted to accusations that the young refugee had “participated in a violent assault on a young girl” and “threatened to stab another child”, a judge has ruled.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

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Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk