Tag Archives: court of appeal

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Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.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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Privacy law: Supreme Court refuses Mirror permission to appeal phone hacking damages

The country’s highest court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’.  This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482

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Breach of Privacy: Court of Appeal upholds damages award for breach of children’s privacy

On 20 November 2015 in Weller and others v Associated Newspapers Limited [2015] EWCA Civ 1176 the Court of Appeal upheld a decision of the High Court and found that Associated Newspapers (the publishers of MailOnline) had infringed the privacy of three of the musician Paul Weller’s children by publishing un-pixelated photographs of them out shopping in California with their father.

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Rihanna defeats appeal by Topshop in T-shirt ‘passing off’ claim

In Robyn Rihanna Fenty and others –v- Arcadia Group Brands Limited and another ([2015]  EWCA Civ 3), lawyers for Topshop sought unsuccessfully to set aside last year’s finding in the High Court that the clothing store was liable for ‘passing off’ under common law for the unauthorised use of the singer’s image on T-shirts.

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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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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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