Civil Litigation
19.12.24
How the landscape in relation to ADR has changed in 20 years
In 2004, in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, the Court of Appeal prescribed six criteria for determining whether a refusal to mediate would be taken into account in any costs decision. In doing so, they also remarked that the courts could not and should not compel parties to mediate:…
Read more13.06.24
High Court holds that computer scientist’s claims to be inventor of Bitcoin are dishonest
For a number of years, computer scientist Craig Wright has professed to be the elusive Satoshi Nakamoto, the pseudonymous creator of Bitcoin. Based on these claims, Dr Wright had initiated numerous proceedings in England and Wales and across the world, including libel claims against people who publicly declared that he was not Satoshi (for instance,…
Read more29.04.24
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….
Read more5.12.23
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…
Read more22.11.23
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…
Read more9.11.23
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…
Read more1.11.23
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…
Read more19.10.23
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…
Read more19.09.23
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…
Read more11.08.23
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.