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Brett Wilson Civil Litigation and Insolvency Blog

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29.04.24

My OnlyFans content is being leaked: what can I do?

There has been a very sharp rise in self-published adult content over the last decade, driven in large part by the launch and success of OnlyFans and rival entrants  to the market such as Fansly, JustForFans, and ManyVids (there are dozens of others).  References in the article to OnlyFans apply equally to all similar websites….

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13.03.24

High Court provides guidance on when an appeal should be remitted for a further hearing in fitness to practise cases

In the recent case of Hawkins v HCPC [2023] EWHC 3256 (Admin), the High Court considered the basis upon which a case should be remitted for a re-hearing following a successful appeal. This has provided useful guidance where there was a previous lack of such guidance. The initial hearing The Appellant, a physiotherapist, faced allegations…

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5.12.23

Claim fails following failure to serve at proper address

In Jagger (& others) v. Axa Insurance plc the Court rejected the Claimant’s argument that service on the Defendant company’s former registered office address was good service and also refused the Claimant’s application an order that service was “good” or for an extension of time for service, which resulted in the claim failing. What are…

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22.11.23

Seeking default judgment on defamation claims

It is not uncommon for defendants to fail to respond to a claim against them.  Indeed, around 90% of the 1.5 million claims issued in England and Wales each year are undefended.    When that happens, the usual course for a claimant is to request or apply for default judgment, which in most cases is entered…

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9.11.23

Corporate insolvencies increase by 10%

As we near the end of 2023, official figures from the Insolvency Service paint a bleak picture in relation to company insolvencies, which have risen by 10% from 2022.  The Insolvency Service reported 6,208 registered company insolvencies between July and September compared to 5,635 in the same period in 2022. During the COVID-19 pandemic, businesses…

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1.11.23

Psychotherapist awarded £75,000 in libel and harassment damages after former colleague found to have pursued a targeted public vendetta and false passing off claim

On 1 November 2023, the High Court handed down judgment in Crosbie v Ley [2023] EWHC 2626 (KB). The Defendant, Siobhain Crosbie, sued the Claimant, Caroline Ley, for passing off.  She sought damages of £1.4 million, plus interest. Ms Ley counterclaimed for libel, harassment, and breach of data protection rights. Mr Justice Julian Knowles dismissed…

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19.10.23

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2024 directory

Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory as leading departments in their field. In the firm’s media and communications law department, partners Iain Wilson, Max Campbell and Tom Double continue to be ranked as leading lawyers in Defamation/Reputation Management. Partner…

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5.10.23

Brett Wilson LLP’s departments and lawyers recognised in 2024 edition of Legal 500

Brett Wilson LLP has again been recommended in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime The firm is noted for its ‘strong track record’, ‘handling defamation, privacy and data protection matters for a varied client roster, including politicians, celebrities and corporates’ and for being ‘a “go…

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19.09.23

Instagram privacy claim succeeds against unknown parties, but fails against named defendants

In this article we consider the decision of Mrs Justice Collins Rice in LCG and others v OVD and others [2023] EWHC 2058 (KB).  The first and second claimants succeeded in establishing a claim for misuse of private information against persons unknown, but the judge was unable to attribute any of the alleged tortious conduct…

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11.08.23

Contractual interest: plead it or lose it

In most monetary claims, a party will seek to recover interest on the debt or damages claimed.  In most circumstances, section 35A of the Senior Courts Act 1981 gives the Court a discretion to award interest on debt or damages at a rate they see fit.  Ordinarily this means that, even if you have not…

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