Recovery of success fees in defamation cases to end – Litigation Futures

Posted December 3rd, 2018 in costs, defamation, fees, freedom of expression, news, privacy, protective costs orders by tracey

‘The government is to abolish the recoverability of success fees in defamation cases – but retain it for after-the-event (ATE) insurance premiums, it announced yesterday.’

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Litigation Futures, 30th November 2018

Source: www.litigationfutures.com

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

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UKSC Blog, 12th November 2018

Source: ukscblog.com

Grenfell fire: When does causing offence become a crime? – BBC News

Posted November 7th, 2018 in fire, freedom of expression, news, public order by sally

‘A video shared on social media of a cardboard model of Grenfell Tower being set alight by a laughing crowd has prompted outrage, condemnation and some difficult questions.’

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BBC News, 6th November 2018

Source: www.bbc.co.uk

Lee v Ashers Baking Company Ltd and others – Blackstone Chambers

‘The Supreme Court unanimously and comprehensively reversed the Northern Ireland Court of Appeal’s decision in the “gay cake” case. The Supreme Court, in a decision of considerable significance for the United Kingdom as a whole, and beyond, held that the bakery would have refused to supply this particular cake to anyone, whatever their personal characteristics. So there was no discrimination on grounds of sexual orientation. If and to the extent that there was an arguable case of discrimination on grounds of political opinion, no justification has been shown for overriding the bakery’s ECHR protections against compelled speech.’

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Blackstone Chambers, 10th October 2018

Source: www.blackstonechambers.com

Philip Green and non-disclosure agreements: do we have a right to know? – UK Human Rights Blog

‘The circumstances in which a court should prevent the press from reporting information about famous people has long provoked debate. The decision of the Court of Appeal in ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 is no exception, attracting extensive press coverage and comment from the #MeToo movement.’

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UK Human Rights Blog, 30th October 2018

Source: ukhumanrightsblog.com

Why the judges got it wrong in granting Philip Green an injunction – The Guardian

‘The court of appeal failed to see the case from the point of view of victims of sexual harassment.’

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The Guardian, 27th October 2018

Source: www.theguardian.com

Counter-terror bill is a threat to press freedom, say campaigners – The Guardian

Posted October 25th, 2018 in bills, freedom of expression, media, news, terrorism by tracey

‘New counter-terror powers designed to tackle the “vaguely defined” crime of hostile state activity threaten the protection of journalistic sources, campaigners for freedom of expression and the press have warned.’

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The Guardian, 25th October 2018

Source: www.theguardian.com

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Universities: Is free speech under threat? – BBC News

‘A Parliamentary inquiry has reported, regulator the Office for Students has threatened to fine universities that fail to uphold free speech and the Equality and Human Rights Commission is drawing up guidelines for universities.’

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BBC News, 23rd October 2018

Source: www.bbc.co.uk

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

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UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

Jailed preacher Anjem Choudary faces strict controls after release – The Guardian

‘Convicted Isis supporter Anjem Choudary will be in effect banned from any public statements after his release from prison this week, as British authorities seek to stop him from inciting support for terrorism.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech – UK Constitutional Law Association

‘In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.’

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UK Constitutional Law Association, 16th October 2018

Source: ukconstitutionallaw.org

Conscience and cake: the final chapter – UK Human Rights Blog

‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’

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UK Human Rights Blog, 15th October 2018

Source: ukhumanrightsblog.com

Baker’s refusal to bake gay marriage cake not direct discrimination – OUT-LAW.com

‘A Christian bakery’s refusal to bake a cake iced with a message supportive of same sex marriage was not direct discrimination, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th October 2018

Source: www.out-law.com

‘Gay cake’ row: Supreme Court rules in favour of Ashers – BBC News

‘The Christian owners of a Northern Ireland bakery have won their appeal in the so-called “gay cake” discrimination case.’

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BBC News, 10th October 2018

Source: www.bbc.co.uk

Landmark judgment on PSPO Regime has Significant Repercussions for Freedom of Expression – Oxford Human Rights Hub

Posted August 21st, 2018 in abortion, freedom of expression, human rights, news, privacy by sally

‘On 2 July 2018, the High Court handed down judgment in Dulgheriu v London Boroughof Ealing [2018] EWHC 1667 (Admin). The case provides crucial insight into the ever lowering threshold at which freedom of expression can be curtailed in the United Kingdom. The judgment rejected a challenge to an Ealing Public Spaces Protection Order (PSPO) which bans any expression concerning abortion within 100 metres of a Marie Stopes abortion clinic.

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Oxford Human Rights Hub, 20th August 2018

Source: ohrh.law.ox.ac.uk

BBC calls on government to clarify privacy law – Law Society’s Gazette

Posted August 16th, 2018 in BBC, costs, freedom of expression, media, news, privacy, public interest by sally

‘The BBC today admitted that the way it reported the police raid on the home of Sir Cliff Richard will make it hard to persuade the Court of Appeal that the High Court was wrong to award the singer heavy damages last month for breach of privacy. Announcing that it will not seek leave to appeal the judgment in Sir Cliff Richard OBE v British Broadcasting Corporation the BBC called on the government to clarify the balance between the rights to privacy and free expression.’

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Law Society's Gazette, 15th August 2018

Source: www.lawgazette.co.uk

Sir Cliff Richard privacy case: BBC will not go to Court of Appeal – BBC News

Posted August 16th, 2018 in appeals, BBC, freedom of expression, media, news, public interest by sally

‘The BBC will not challenge a ruling over its coverage of a police raid at Sir Cliff Richard’s home in 2014 at the Court of Appeal.’

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BBC News, 15th August 2018

Source: www.bbc.co.uk

Pro-life charity to take Lambeth council to court after it was kicked out of country fair – Daily Telegraph

‘A pro-life charity is to take a council to court after they say being kicked out of a country fair infringed their human rights.’

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Daily Telegraph, 14th August 2018

Source: www.telegraph.co.uk

Sir Cliff Richard: BBC agrees to pay £850,000 legal costs – BBC News

Posted July 26th, 2018 in BBC, costs, freedom of expression, media, news, police, privacy by sally

‘The BBC has agreed to pay Sir Cliff Richard £850,000 within 14 days to cover his legal costs, following his privacy case against the corporation.’

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BBC News, 26th July 2018

Source: www.bbc.co.uk