What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Vardy 0 – 1 Rooney: Wagatha Christie solved at last – UK Human Rights Blog

Posted August 2nd, 2022 in defamation, internet, news, public interest by tracey

‘The case was a game of two other halves – Coleen Rooney, wife of Wayne, and Rebekah Vardy, wife of Jamie. Steyn J’s judgment left Rooney and her legal team punching the air and dousing themselves in champagne whilst Vardy cradled herself at the side of the pitch, reflecting on the moment she stepped up to take the stand, a moment that will give her nightmares for years. To be clear – I am speaking metaphorically, that didn’t actually happen. If there is one thing reading this judgment has taught me, it is not to make assumptions about whether you are going to be sued for libel, as some people have a really surprising take on the wisdom of doing that.’

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UK Human Rights Blog, 1st August 2022

Source: ukhumanrightsblog.com

Crackdown on corrupt elites abusing UK legal system to silence critics – Ministry of Justice

‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’

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Ministry of Justice, 20th July 2022

Source: www.gov.uk

MoJ considers £5,000 costs cap to protect defendants against SLAPPs – Legal Futures

‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’

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Legal Futures, 22nd July 2022

Source: www.legalfutures.co.uk

A victory for public interest journalism – Law Society’s Gazette

Posted July 21st, 2022 in defamation, media, news, public interest by sally

‘On 13 June Arron Banks’ libel claim against Carol Cadwalladr was dismissed, in a significant victory for public interest journalism (Arron Banks v Carole Cadwalladr [2022] EWHC 1417 (QB)).’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

English courts get new powers to dismiss Slapp cases against reporters – The Guardian

Posted July 20th, 2022 in abuse of process, freedom of expression, media, news, public interest by sally

‘Courts in England and Wales are to be granted new powers to dismiss lawsuits employed by wealthy claimants to stifle free speech, the government has said.’

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The Guardian, 20th July 2022

Source: www.theguardian.com

Woman kept in police cell for 36 hours after stillbirth due to suspicions she had ‘illegal abortion’ – The Independent

‘A woman was kept in police custody for 36 hours after having a stillbirth because of suspicions she had an abortion after the legal cut-off point, it has been claimed.’

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The Independent, 5th July 2022

Source: www.independent.co.uk

Watchdogs condemn police response to domestic abuse claims against officers – The Guardian

‘Police forces in England and Wales are responding to reports of their own officers committing domestic abuse in a way that is “significantly harming the public interest”, with just 9% of such allegations leading to criminal charges, a joint watchdog investigation has found.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

SRA seeks whistleblowing role as part of SLAPPs action – Legal Futures

‘The Solicitors Regulation Authority (SRA) is set to make it easier for law firm staff to blow the whistle on their employers, as part of its work on strategic lawsuits against public participation (SLAPPs).’

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Legal Futures, 23rd June 2022

Source: www.legalfutures.co.uk

Arron Banks loses libel action against reporter Carole Cadwalladr – The Guardian

Posted June 14th, 2022 in defamation, media, news, public interest by sally

‘The multimillionaire Brexit backer Arron Banks has lost his libel action against the Observer and Guardian journalist Carole Cadwalladr, in a significant decision for public interest journalism.’

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The Guardian, 13th June 2022

Source: www.theguardian.com

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

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Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

BBC to air MI5 agent investigation following High Court ruling – The Independent

Posted May 19th, 2022 in anonymity, BBC, informers, intelligence services, news, public interest by sally

‘The BBC said a High Court ruling will allow it to broadcast a programme about a man it is claimed exploited his status as an MI5 informant.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

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EIN Blog, 13th May 2022

Source: www.ein.org.uk

Judge throws out most of Swedish businessman’s libel claim in England – The Guardian

‘A British judge has thrown out large parts of a libel action by a Swedish businessman who tried to sue journalists writing about his company before its flotation on a Norwegian stock exchange.’

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The Guardian, 11th May 2022

Source: www.theguardian.com

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Legal regulators “need to do more” in dealing with SLAPPs – Legal Futures

‘The Solicitors Regulation Authority (SRA), Bar Standards Board and other legal regulators need to do more to deal with SLAPPs – strategic lawsuits against public participation – because they are undermining the profession’s reputation, a report has argued.’

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Legal Futures, 26th April 2022

Source: www.legalfutures.co.uk

BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian

‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

High Court to rule on bid for injunction to block BBC story over ‘MI5 informant’ – The Independent

‘The High Court is due to give a ruling on whether the BBC can identify a “dangerous extremist and misogynist” who is allegedly an MI5 informant.’

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The Independent, 6th April 2022

Source: www.independent.co.uk