Tag Archives: court of appeal

Court of Appeal holds grant of permission to appeal is invalid

The recent judgment of the Court of Appeal in the case of Zipporah Lisle-Mainwaring v Associated Newspapers Limited [2018] EWCA Civ 1470 provides an overview of how, and crucially when, permission to appeal should be sought at first instance.

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An expectation of privacy in a spent conviction? XKF provides some practical guidance

In the case of XKF v BBC [2018] EWHC 1560 (QB), Mrs Justice Elisabeth Laing granted a privacy injunction to a former police officer, anonymised in these proceedings as XKF, to prevent the BBC from broadcasting film footage of him recorded at or near his home on 13 March 2018.

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Unnamed family members entitled to damages for Home Office immigration data leak

In The Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 the Court of Appeal, was asked to review one aspect of Mr Justice Mitting’s decision in TLT & Ors v The Secretary of State for the Home Department & Anor [2016] EWHC 2217 (QB). The first instance decision (discussed at our blog here) considered a number of important issues relating largely to the assessment of quantum in “data leak” cases, including whether damages for accidental leaks should be assessed in the same way as deliberate privacy breaches (no), whether there was a de minimis principle in such cases (yes) and whether regard had to paid to the objective “rationality” of the level of distress pleaded (yes). However, the appeal (brought by the Defendant Home Office) was restricted to the issue of any liability owed to individuals affected by a data leak, but not specifically named in a leaked electronic document.

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Unjustified threats of legal action can amount to harassment

The facts: On 17 May 2018, the Court of Appeal, in the case of Worthington & Anor v Metropolitan Housing Trust Ltd [2018] EWCA Civ 1125, upheld an ex-tempore judgment of His Honour Judge Owen QC delivered on 10 June 2016, in which he found that the Defendant housing association, Metropolitan Housing Trust Limited, had unlawfully harassed two of its tenants.

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Supreme Court to hear appeal on “serious harm” threshold in defamation cases

The Supreme Court has granted the unsuccessful defendants in Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 permission to appeal against the Court of Appeal’s rulings regarding the application of section 1(1) of the Defamation Act 2013.

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Business as usual?  The Court of Appeal considers the threshold for bringing a libel claim in Lachaux v Independent Print Ltd.

The long-awaited decision in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 has brought some badly-needed clarity and certainty to the law of libel, and it seems fair to say that reports of the death of the libel writ have been greatly exaggerated.  The decision interprets both the meaning of section 1(1) of the Defamation Act 2013 – “the serious harm” test – and determines the point at which a claim for libel crystallises.

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Libel/Defamation: Moroccan Prince wins libel and data protection appeal against Arabic news publisher

Prince Moulay Hicham Ben Abdallah Al Alouai of Morocco (‘the Prince’) has won an appeal against Elaph Publishing Limited (‘Elaph’) that now allows him to advance a claim under the Data Protection Act 1998 (‘DPA’) and also overturned a previous ruling that the words published were not capable of being defamatory.

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Mirror’s defence reinstated by Court of Appeal in Danny Simpson libel and defamation case

Background

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Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.  Therefore the landmark Court of Appeal decision, discussed here on this blog, that damages can be awarded under the Data Protection Act 1998 for distress and anxiety, even if no financial loss suffered, will stand as good law.

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Court of Appeal grants “celebrity threesome” privacy injunction and then discharges it

The Supreme Court is currently considering an appeal against a decision of the Court of Appeal to discharge a non-disclosure injunction it granted itself earlier this year.  Until the Supreme Court has reached its decision the injunction in PJS v News Group Newspapers Ltd – the “celebrity threesome gagging order” – will remain in force.

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