“The revelation by the Liberal Democrat MP John Hemming of a new breed of ‘hyperinjunction’, which forbids the recipient talking about it to MPs, is one of the most disturbing developments in the contest between legitimate privacy and the need for open justice.”
The Guardian, 3rd April 2011
Source: www.guardian.co.uk
“Just when you think you are over the worst, the forces of secrecy bite back. No sooner had the Government published a draft Defamation Bill, going some way to reversing many of the most hideous aspects of Britain’s libel laws, than the judiciary set a dangerous new precedent.”
The Independent, 1st April 2011
Source: www.independent.co.uk
“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”
WLR Daily, 29th March 2011
Source: www.iclr.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”
The Guardian, 29th March 2011
Source: www.guardian.co.uk
“Tory MP Zac Goldsmith, his ex-wife Sheherazade and sister Jemima Khan have won High Court orders preventing the disclosure of private information, it emerged today.”
The Independent, 22nd March 2011
Source: www.independent.co.uk
“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”
WLR Daily, judgment reissued 14th March 2011
Source: www.iclr.co.uk
Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Voters are being barred from speaking to their MPs under a new generation of gagging orders known as hyper-injunctions, the House of Commons has been told.”
Daily Telegraph, 21st March 2011
Source: www.telegraph.co.uk
“Super-injunctions will not be scrapped despite being the worst example of ‘secret justice’ for almost 400 years, the senior judge reviewing them signalled yesterday.”
Daily Telegraph, 18th March 2011
Source: www.telegraph.co.uk
“The London mayor has won his latest bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
Open Justice Unbound? (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
Judicial Studies Board Annual Lecture, 16th March 2011
Source: www.judiciary.gov.uk
“Ministers have ruled out reforming Britain’s privacy laws or bringing in new legislation to stop super-injunctions silencing the media, the Justice Secretary Kenneth Clarke said yesterday.”
The Independent, 16th March 2011
Source: www.independent.co.uk
“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence.”
Daily Telegraph, 11th March 2011
Source: www.telegraph.co.uk
“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”
WLR Daily, 7th March 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Southwark council, which became the first to obtain a court order against a gang member, is drawing up a list of more suspects.”
The Guardian, 4th March 2011
Source: www.guardian.co.uk
“Tom Hicks, the former Liverpool owner, has been given the chance to launch damages claims over the sale of the Premier League club after orders barring action in the United Stated were partially lifted by a high court judge in London.”
The Guardian, 17th February 2011
Source: www.guardian.co.uk
“A London woman who sent her teenage son to their native Nigeria because she disapproved of his lifestyle has been jailed for eight months.”
BBC News, 14th February 2011
Source: www.bbc.co.uk
“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”
The Guardian, 2nd February 2011
Source: www.guardian.co.uk
“A married TV personality has been granted continued anonymity by the High Court in the latest in a long line of privacy cases.”
Daily Telegraph, 2nd February 2011
Source: www.telegraph.co.uk
“A gagging order placed on convicted murderer Eddie Gilfoyle upon his release from jail has been lifted.”
BBC News, 19th January 2011
Source: www.bbc.co.uk
“Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK’s media.”
The Guardian, 11th January 2011
Source: www.guardian.co.uk
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