Category: media

Aitken v Director of Public Prosecutions – WLR Daily

Posted April 30th, 2015 in law reports, media, publishing, reporting restrictions by sally

Aitken v Director of Public Prosecutions [2015] EWHC 1079 (Admin); [2015] WLR (D) 184

‘The editor of a newspaper did not as a matter of law fall outside the scope of the expression “any person who publishes” for the purposes of the offence of publishing information likely to lead to the identification of a child witness/victim in criminal proceedings, contrary to section 39(2) of the Children and Young Persons Act 1933.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, fundamental dishonesty, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Operation Elveden: 13th Century Justice – Halsbury’s Law Exchange

Posted April 27th, 2015 in bribery, corruption, Crown Prosecution Service, media, misfeasance in public office, news by sally

‘Operation Elveden was prompted by the Leveson Inquiry – evidence heard at the Inquiry suggested there was a culture of tabloid newspapers paying public officials for stories. At a time when the tabloid press was being vilified for intruding in people’s private lives through phone hacking, this was seen as further evidence of out-of- control journalists, ignoring the law for their own gain.’

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Halsbury’s Law Exchange, 24th April 2015

Source: www.halsburyslawexchange.co.uk

Operation Elveden: Journalists cleared in payment trial – BBC News

Posted April 20th, 2015 in appeals, bribery, corruption, Crown Prosecution Service, freedom of expression, media, misfeasance in public office, news, police, prosecutions by sally

‘Three journalists have been found not guilty of illegally paying public officials by a jury at the Old Bailey.’

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BBC News, 17th April 2015

Source: www.bbc.co.uk

Journalists should not always be prosecuted for paying public officials, says former CPS head – The Indpendent

Posted April 20th, 2015 in appeals, bribery, codes of practice, confidentiality, corruption, Crown Prosecution Service, evidence, freedom of expression, media, misfeasance in public office, news, police, prosecutions, public interest, witnesses by sally

‘The former head of the Crown Prosecution Service has said it can be “appropriate” for journalists to pay officials for information and that Operation Elveden had overlooked the public interest.’

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The Independent, 18th April 2015

Source: www.independent.co.uk

Crown Prosecution Service re-review of Operation Elveden – CPS News Brief

Posted April 20th, 2015 in appeals, bribery, codes of practice, corruption, Crown Prosecution Service, freedom of expression, inquiries, media, misfeasance in public office, news, police, prosecutions, public interest by sally

‘Operation Elveden is a Metropolitan Police Service investigation that revealed the payments made to corrupt public officials by journalists for information. It followed two parliamentary committees and the Leveson Inquiry which revealed serious questions over the techniques used by some which may have amounted to systematic and flagrant breaches of the law. The range and circumstance of this activity was of a scale not previously encountered by police or CPS.’

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CPS News Brief, 17th April 2015

Source: http://blog.cps.gov.uk

Three years, £20 million, one conviction: Operation Elveden on brink of collapse – Daily Telegraph

Posted April 20th, 2015 in appeals, bribery, corruption, Crown Prosecution Service, freedom of expression, media, misfeasance in public office, news, police, prosecutions, public interest by sally

‘Operation Elveden, the long running investigation into allegations of corruption by tabloid journalists, lies in tatters after the Crown Prosecution Service (CPS) was forced to scrap most of the outstanding cases. ‘

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Daily Telegraph, 17th April 2015

Source: www.telegraph.co.uk

TV ‘exposure’ of Scientology halted by UK libel law split – The Guardian

Posted April 20th, 2015 in charities, defamation, freedom of expression, harassment, jurisdiction, media, news, Northern Ireland, public interest, tax avoidance by sally

‘Plans to broadcast HBO’s Church of Scientology exposé, Going Clear, have been shelved by Sky Atlantic in a virtual repeat of events two years ago, when UK publishers abandoned publication of the book on which the hard-hitting new TV documentary is based.’

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The Guardian, 18th April 2015

Source: www.guardian.co.uk

Law firms exploiting EU ‘right to be forgotten’ ruling to help individuals remove awkward newspaper articles from Google – The Independent

Posted April 20th, 2015 in EC law, freedom of information, internet, law firms, media, news, public interest by sally

‘Ambulance-chasing law firms are using the European Court’s ruling on the “right to be forgotten” to drum up business, leading to a rise in the number of newspaper articles being deleted from Google search results.’

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The Independent, 17th April 2015

Source: www.independent.co.uk

Operation Elveden: Judge to allow majority verdicts – BBC News

Posted April 17th, 2015 in juries, jury directions, media, misfeasance in public office, news, verdicts by sally

‘The jury in the latest trial of journalists accused of illegally paying public officials has been told the judge will accept majority verdicts.’

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BBC News, 16th April 2015

Source: www.bbc.co.uk

CPS seeks retrial for prison officer after conviction quashed – The Guardian

Posted April 8th, 2015 in appeals, Crown Prosecution Service, delay, media, misfeasance in public office, news, prison officers by sally

‘A prison officer whose conviction over leaks to newspapers was quashed by the court of appeal is facing a retrial, it has been confirmed.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

Erol Incedal trial evidence must remain secret, judge rules – The Guardian

Posted April 2nd, 2015 in evidence, media, news, private hearings, reporting restrictions, terrorism by sally

‘The bulk of the evidence in the UK’s first terror trial held mostly behind closed doors will remain secret forever, a judge has ruled.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

Untangling the spider’s web: Evans at the Supreme Court – Halsbury’s Law Exchange

Posted April 1st, 2015 in appeals, disclosure, documents, enforcement notices, freedom of information, government departments, media, news, public interest, royal family, Supreme Court by sally

‘On Friday, 27th March, the Supreme Court handed down a decision which will be as much of interest to public lawyers as information rights practitioners alike. Evans, a journalist for the Guardian newspaper utilised the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 to seek the disclosure of letters sent by Prince Charles to seven government departments between September 2004 and March 2005. The departments refused to disclose the letters (so-called “black spider” memos on account of the Prince’s handwriting) on the basis that they were exempt from doing so. In their view the letters represented private correspondence which effectively allowed the Prince to prepare for “kingship.” Evans subsequently complained to the Information Commissioner who upheld the refusal before appealing to the Information Tribunal. The Tribunal held that many of the letters should be disclosed as they constituted “advocacy correspondence.”’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

Trials of journalists alleged to have paid money to public officials for private documents halted as CPS holds urgent review of its decision to prosecute – The Independent

Posted April 1st, 2015 in appeals, Crown Prosecution Service, documents, media, misfeasance in public office, news, prosecutions by sally

‘The first of the eight trials involving journalists alleged to have paid money to public officials for private documents and due to take place between now and September, has been adjourned at the Old Bailey.’

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The Independent, 31st March 2015

Source: www.independent.co.uk

Media regulator issues new guidelines on young people on TV and radio – The Guardian

Posted March 31st, 2015 in children, codes of practice, complaints, consultations, media, news by sally

‘Broadcasters are being told to take into account the impact of bullying on social media in new guidelines covering the appearance of children and young people on TV and radio released by Ofcom.’

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The Guardian, 30th March 2015

Source: www.guardian.co.uk

Operation Elveden: Court quashes reporter’s conviction – BBC News

Posted March 30th, 2015 in appeals, bribery, corruption, juries, media, news, photography, prison officers, public interest, royal family, sentencing by sally

‘An ex-News of the World reporter who was found guilty of paying a prison officer for information has had their conviction quashed.’

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BBC News, 27th March 2015

Source: www.bbc.co.uk

Council to bring judicial review action over DCLG direction on newspaper frequency – Local Government Lawyer

Posted March 25th, 2015 in advertising, budgets, employment, housing, judicial review, local government, media, news by sally

‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’

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Local Government Lawyer, 24th March 2015

Source: www.localgovernment.co.uk

McCann ‘Twitter troll’ Brenda Leyland ‘killed herself’ – BBC News

Posted March 23rd, 2015 in inquests, internet, media, news, public interest, suicide by sally

‘A woman who “trolled” Madeleine McCann’s family on Twitter killed herself days after she was challenged by reporters, an inquest concluded.’

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BBC News, 20th March 2015

Source: www.bbc.co.uk

Jury were right to clear Sun quartet – they shouldn’t have been on trial – The Guardian

Posted March 23rd, 2015 in codes of practice, conspiracy, Crown Prosecution Service, interception, media, misfeasance in public office, news, prosecutions, public interest by sally

‘Yet another jury has cleared more Sun journalists who were charged with offences related to the paying of public officials.’

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The Guardian, 20th March 2015

Source: www.guardian.co.uk

MoD ‘mole’ Bettina Jordan-Barber jailed over Sun leaks – The Guardian

Posted March 23rd, 2015 in Afghanistan, armed forces, breach of trust, conspiracy, Crown Prosecution Service, disciplinary procedures, disclosure, government departments, Iraq, media, misfeasance in public office, news, privacy, proceeds of crime, public interest, sentencing, sexual offences by sally

‘A “mole” at the Ministry of Defence who made £100,000 from leaking stories to the Sun has been jailed for 12 months, it can now be reported after verdicts were delivered in a related trial.’

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The Guardian, 20th March 2015

Source: www.guardian.co.uk