Monthly Archives: October 2014

Court of Appeal blocks publication of autobiography and resurrects the tort of deliberate infliction of harm

The Court of Appeal in OPO (a child by BHM his litigation friend) v MLA [2014] EWCA Civ 1277 has overturned a decision of the High Court and granted an injunction to restrain the publication of a semi-autobiographical book by a well-known performer.

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Brett Wilson LLP Partners recognised as leading individuals by Chambers 2015 for a number of areas including criminal law and defamation/reputation management

Nick Brett and Iain Wilson have been recognised as leaders in their field in the latest edition of the prestigious Chambers and Partners directory.

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Lady Gaga pony libel claim settled

On 21 October 2014, the High Court considered a libel claim surrounding a polo pony named Lady Gaga in the case of Louisa Donovan and Katie Gibbons [2014] EWHC 3406 (QB).  His Honour Judge Richard Parkes QC was asked to determine the meaning of a caption that accompanied Youtube videos of Lady Gaga bucking.

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The end of jury trials in libel claims?

The decision in Tim Yeo MP v Times Newspapers [2014] EWHC 2853 (QB) is the first to engage section 11 of the Defamation Act 2013, specifically that a trial is to be ‘without a jury unless the court orders otherwise’. Mr Justice Warby refused an application made by the Defendant, The Times Newspapers to proceed with trial by jury. This has raised the question as to when (or even if) a case is likely to be tried by jury under the new law.

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Misuse of private information and harassment: score draw between escort and her solicitor client

In the case of AVB v TDD [2014] EWHC 1442 (QB) the Claimant, a solicitor, succeeded, in part, in claims for misuse of private information and breach of confidence, but saw claims in harassment and breach of contract dismissed, whilst the Defendant, a sex worker, succeeded in a counterclaim for harassment.  Neither party was awarded damages. 

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