Civil Litigation

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…

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…

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…

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…

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…

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…

21.07.23

Part 36 Offers: when tactics fail

When contemplating, and, during the course of, litigation parties are actively encouraged to settle their dispute without the matter proceeding to trial.  Whilst parties can choose to make an offer to settle in any manner they wish, Part 36 of the Civil Procedure Rules has been designed to encourage parties to attempt to resolve matters…

Court of Appeal overturns decision of High Court judge to refuse to accept undertakings in harassment claim

We previously published a press release on behalf of our client Dr Erica Smith following the outcome of her harassment and privacy claim against former colleague and UCL academic Dr Christopher Backhouse.  The claim concerned a sustained campaign of online harassment, which included the creation of Twitter accounts impersonating Dr Smith and offering sexual services…

17.07.23

Supreme Court halts Quincecare expansion

On 12 July 2023, the Supreme Court in Philipp v Barclays Bank UK PLC [2023] UKSC 25 reversed a decision by the Court of Appeal effectively extending a duty of care owed by banks to their customers to not carry out payment instructions where the bank ought to have reasonable grounds to believe that those…

14.07.23

Could The Sun be facing the “mother of all privacy claims”?

On 11 July 2023, on the News Agents podcast, broadcaster Jon Sopel asked whether The Sun could be facing “the mother of all libel claims” for publishing allegations against a then unnamed BBC presenter.  On 13 July 2023, Vicky Flind confirmed that her husband Huw Edwards was the broadcaster in question.  It might be too…