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Month: March 2018


31.03.18

Alex Cochrane joins Brett Wilson LLP

Brett Wilson LLP is pleased to announce the arrival of Alex Cochrane in the firm’s media law department. Alex joins Brett Wilson from Collyer Bristow and is a highly-regarded senior solicitor specialising in reputation management, privacy law, social media and commercial disputes. Alex has been involved in a number of leading defamation/privacy cases including Cairns…

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26.03.18

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. Section 1(1) of the Defamation Act 2013 states that a statement is not defamatory unless it is publication…

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23.03.18

The misreporting of Max Mosley's DPA claim against the press

It was reported last month in various newspapers that Max Mosley, the Former Formula One boss, has threatened to issue legal proceedings against The Daily Mail, The Times, The Sun and The Daily Mirror in respect of articles that he claims breach the Data Protection Act 1998 (“DPA”).  He also apparently seeks the destruction of…

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21.03.18

Dredging up the past: prosecutors seeking to vary confiscation orders years later

A confiscation order can be made after a defendant is convicted of certain criminal offences.  It requires the defendant to pay back the ‘benefit’ that they have obtained from their criminal behaviour.  Such an order is effectively capped at the level of a defendant’s available assets. Under Section 22 of the Proceeds of Crime Act 2002 (‘POCA’)…

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19.03.18

Max Campbell becomes a partner of Brett Wilson LLP

Brett Wilson LLP is delighted to announce that Max Campbell is now a partner of the firm. Max joined Brett Wilson in 2011 and has played a significant role in the development of the firm’s media and reputation management team.  Max is a well-established practitioner in the fields of defamation, privacy, harassment and data protection,…

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16.03.18

Forthcoming ‘right to be forgotten’ cases and the interplay with the GDPR

With a number of high-profile claims against Google in the offing, practitioners and individuals alike are hopeful for guidance on the interplay between the application of the ‘right to be forgotten’ principle and the forthcoming introduction of the General Data Protection Regulation (GDPR). Iain Wilson, managing partner of Brett Wilson LLP, considers the issues at…

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15.03.18

The resurgence of the privacy injunction?

According to official statistics published by the Ministry of Justice, there were, between July and December 2017, eight new applications for interim privacy injunctions, all of which were granted (available here). This was the highest number of successful new applications in a six-month period since 2012.  Is the privacy injunction making a return? This higher…

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Solicitor struck off after falsely claiming he had witnessed a client's signature

A solicitor of nine years’ call has been struck off the roll of solicitors following a finding by the Solicitors’ Disciplinary Tribunal (SDT) that he acted dishonestly. Stewart Stocker, a partner at Lauriston Saggar at the relevant time, was acting for a mother and son who sought to borrow nearly £1 million in a property…

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12.03.18

Leveson 2 and section 40 scrapped: government succumb to the power of the press

Part 2 of the Leveson Inquiry (colloquially referred to as ‘Leveson 2’) which had been intended to address ‘the extent of unlawful or improper conduct within News International and other media organisations’ has been formally canned by the Government.  Section 40 of the Crime and Courts Act 2013, which, had it ever come into force,…

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8.03.18

Upskirt photos: the need for specific legislation

The activity of taking photographs up women’s skirts without their knowledge is very difficult to defend in the moral sense, or indeed in any sense. Up-skirting, also known as ‘Creepshots’, may have been defended by some years ago as an adolescent frolic, a bit like fixing mirrors to one’s toecaps and other jolly japes from…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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