Monthly Archives: September 2014

Court of Appeal rules that there should be no privacy injunction where Appellant arrested on suspicion of sex offences

The Court of Appeal in PNM and Times Newspapers Limited  & Ors [2014] EWCA Civ 1132 has upheld the decision of the High Court not to grant a non-disclosure order in a case where the Appellant was arrested but not charged with serious sexual offences against children.

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Trinity Mirror admits liability for phone hacking

Trinity Mirror, the parent company of the publisher of the Daily Mirror and Sunday Mirror has admitted liability for phone hacking and agreed to pay damages to Shane Richie, Lucy Benjamin, Alan Yentob and Shobna Gualti.

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Serious harm: the new hurdle in defamation cases

Following the implementation of the Defamation Act 2013, defamation claimants must demonstrate that the publication in question caused or is likely to cause ‘serious harm’ to their reputation.  Since the enactment, there has been significant speculation as to what measure of harm will suffice and to what extent this changes the very definition of ‘defamatory’.  In the recent case of Cooke and Midland Heart Ltd v MNG Ltd [2014] EWHC 2831 (QB), Mr Justice Bean gave the first judicial interpretation of the issue.

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Jennifer Lawrence and the leak of naked pictures: legal solutions

Actress Jennifer Lawrence is one of apparently 100 celebrities who have had intimate photographs of them leaked on to the internet.  She is not the first celebrity to appear naked on the internet.  The World Wide Web contains millions of images of celebrities in various states of undress.  These have been captured (invariably in flagrant breach of copyright) from films or television shows or by the intrusive paparazzi.  Some ‘celebrity sex tapes’ also appear on the web.  These ‘go viral’ normally due to sloppiness on the part of the celebrity themselves or as a result of a partner or third party breaching their trust.  Unusually, in the case of Ms Lawrence it is understood that the photographs were obtained from her mobile phone by an anonymous hacker gaining access via a ‘cloud data’ storage solution.

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The paparazzi and protecting children’s privacy: Weller and another v Associated Newspapers

In Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB), the publishers of the Mail Online were ordered to pay damages in the sum of £10,000 after musician Paul Weller, acting as a litigation friend for his children, brought a claim against the newspaper for misuse of private information and a breach of Data Protection Act 1998.  The Mail Online photographed and published pictures of Mr Weller and his three children shopping and eating in a café in California.  Despite the Mail Online removing the published images a day after they were uploaded, Mr Weller argued that by identifying his children by their surname and failing to pixelate the published images of his children – the Mail Online had breached his children’s rights. 

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