Lucy Bone on Confidentiality Clauses and Sexual Harassment – Littleton Chambers

‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’

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Littleton Chambers, 18th February 2019

Source: www.littletonchambers.com

Is it OK to call my MP a Nazi? – Doughty Street Chambers

‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’

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Doughty Street Chambers, 11th January 2019

Source: insights.doughtystreet.co.uk

Drill music crackdown ‘fails to address root causes of youth violence’ – The Guardian

‘Campaigners and artists have sharply criticised the police crackdown on drill music, warning this “punitive” approach will ultimately fail to tackle the root causes of youth violence.’

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The Guardian, 10th February 2019

Source: www.theguardian.com

‘Free speech’ guidance issued for universities’ – OUT-LAW.com

‘Universities could be breaking the law if they, or their students’ unions, hold speaking events on campus and refuse to allow certain people or groups to put across their views, according to new ‘free speech’ guidance.’

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OUT-LAW.com, 5th February 2019

Source: www.out-law.com

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

MPs pass counter-terror bill amendments to protect aid workers – The Guardian

Posted January 23rd, 2019 in bills, charities, freedom of expression, media, news, terrorism by sally

‘MPs have passed amendments to the government’s latest counter-terrorism bill to try to protect British aid workers and journalists from facing criminal charges in conflict zones.’

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The Guardian, 23rd January 2019

Source: www.theguardian.com

Parliament moves towards special inquiry into abuse of MPs – The Guardian

‘Parliament is moving towards a special inquiry into the abuse and harassment of MPs after repeated threats and other forms of intimidation in relation to Brexit and other issues.’

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The Guardian, 9th January 2019

Source: www.theguardian.com

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 sally

‘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 sally

‘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