Tag Archives: Supreme Court

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


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Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.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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Supreme Court rules celebrity threesome privacy injunction to stay in force

In the long-running saga of PJS v News Group Newspapers Ltd [2016] UKSC 26 the Supreme Court has ruled by 4-1 in favour of maintaining a privacy injunction through until trial.  The injunction was originally granted by the Court of Appeal on 22 January 2016.  It prevents the publication of a story concerning an anonymous celebrity said to have engaged in an extra-marital ‘threesome’.  Following the identification of the Claimant and their spouse in other jurisdictions and on social media, the Defendant New Group Newspapers Ltd (the publishers of The Sun) applied to have the injunction discharged. On 18 April 2016 the Court of Appeal agreed, but stayed execution of the order pending an appeal to the Supreme Court.

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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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supreme Court considers ‘prevention/detection of crime’ defence in harassment cases

The supreme Court in Hayes v Willoughby, have considered the scope of the defence under s.1(3)(a) of the Protection of Harassment Act 1997. Under that provision, a person cannot be found liable for a course of conduct that amounts to harassment if their conduct was pursued for the purpose of preventing or detecting crime.

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Supreme Court confirms courts have power to strike out dishonest claims after judgment

In Fairclough Homes Ltd v summers [2012] UKsC 26  The supreme Court overturned a line of authorities and held that a claim could be struck out after trial or even after an assessment of damages if it subsequently transpired that it was dishonest.

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Supreme Court allows Times defamation appeal on public interest qualified privilege

In Flood “v- Times News Limited [2012] UKsC 11 the supreme Court allowed the appeal of the Defendant publisher, overturning the decision of the Court of Appeal and restoring the 2009 decision of Mr Justice Tugendhat.  Tugendhat Js original decision in the High Court was of particular significance as it was the first time a national newspaper had successfully established the Reynolds defence of journalistic qualified privilege.

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