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  Chambers of
Andrew Caldecott QC
1 Brick Court, Temple,
London EC4Y 9BY (LDE 468)
Tel: 020 7353 8845
Fax: 020 7583 9144
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Cases Archive Search
   
   
  Frank Warren v The Random House Group Limited [2008] EWCA Civ. 834
16th July 2008 - Libel – Offer of Amends – Burstein Pleas
   
  Westcott v Westcott [2008] EWCA Civ 818
15th July 2008 - Libel – Absolute Privilege – Immunity from Suit
   
  Shiv Malik v Manchester Crown Court (1), Chief Constable of Greater Manchester Police (2) [2008] EWHC 1362 (Admin)
19th June 2008 - Journalists’ Sources
   
  Stuart Bray v Deutsche Bank AG [2008] EWHC 1263 (QB)
12th June 2008 - Defamation - Summary Judgment - Qualified Privilege - Common law privilege - Malice
   
  Wood v The Commissioner of Police for the Metropolis [2008] EWHC 1105 (Admin)
22nd May 2008 - Art. 8 – Photographs taken in a public place – Taking and Retaining Photographs – Police Powers
   
  Corporate Officer of the House of Commons v Information Commissioner & others [2008] EWHC 1084 (Admin)
16th May 2008 - Freedom of Information – Personal Data – Appeals from the Information Tribunal
   
  David Murray (by his litigation friends Neil Murray and Joanne Murray) v Big Pictures (UK) Limited [2008] EWCA Civ 446
7th May 2008 - Privacy – Expectation of Privacy – Children – Public Places
   
  Peter Curistan v Times Newspapers Limited [2008] EWCA Civ 432
30th April 2008 - Libel – Statutory Qualified Privilege – Repetition Rule – Single Meaning Rule
   
  Max Mosley v News Group Newspapers Limited [2008] EWHC 687 (QB)
9th April 2008 - Privacy – Interim Injunctions
   
  Gentoo Group Limited (1) & Peter Wallis (2) v. Stephen Hanratty [2008] EWHC 627 (QB)
7th April 2008 - Libel – Limitation
   
  R (on the application of Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15
12th March 2008 - Human Rights - Political Advertising - Article 10 - Declaration of Incompatibility
   
  Rath v (1) Guardian News & Media Limited and (2) Ben Goldacre [2008] EWHC 398 (QB)
5th March 2008 - Libel – Fair Comment – Defamation Act 1952, section 6 – Damages
   
  W v (1) JH (2) A County Council [2008] EWHC 399 (QB)
5th March 2008 - Slander - Qualified Privilege - Common Law - Striking Out
   
  Austen Ivereigh v Associated Newspapers Ltd [2008] EWHC 339 (QB)
12th February 2008 - Defamation - Civil Procedure – Witness Anonymity
   
  Crawford v Crown Prosecution Service [2008] EWHC 854 (Admin)
8th February 08 - Reporting Restrictions – Criminal Courts – Children
   
  Sarwan Samrai v Ram Kishan Mehmi (Richard Parkes QC sitting as a Deputy High Court Judge)
11th February 2008 - Following a 4 day trial by Judge and Jury in Birmingham the Defendant was successful in his defence of this slander action.The Claimant had sued on allegations made during a speech at the Ravidassia Community Centre in Darlaston. The issues at trial were justification and malice, the Defendant having obtained summary judgment on the issue of qualified privilege.
   
  R(Corner House Research (1) & Campaign Against the Arms Trade (2)) v The Director of the Serious Fraud Office [2008] EWHC 246 (Admin)
4th February 2008 - Civil Procedure – Judicial Review – Access to Documents
   
  R v Croydon Crown Court ex. P. Trinity Mirror plc, Times Newspapers Ltd, News Group Ltd and Newsquest Ltd & A and B (Minors acting by the Official Solicitor) [2008] EWCA Crim. 50
1st February 2008 - Reporting Restrictions – Identifying a criminal defendant’s children
   
  Jeynes v News Magazines Ltd & Anr. [2008] EWCA Civ. 130
31st January 2008 - Libel – Meaning
   
  Edward Seaga v Leslie Harper [2008] UKPC 9
30th January 2008 - Libel – Qualified Privilege – Reynolds
   
  Steven Trumm v Keith Norman [2008] EWHC 116 (QB)
29th January 2008 - Libel – Meaning – Innuendo Meaning – Qualified Privilege – Damages
   
  University of Oxford & Oths v Broughton & Oths [2008] EWHC 75
25th January 2008- Harassment – Interim Injunctions – Freedom of speech – Exclusion Zones
   
  Sugar & Others v BBC [2008] EWCA Civ. 191
24th January 2008 - The Freedom of Information Act 2000 – Appeals – Jurisdiction
   
  Blackwell v (1) News Group Newspapers Ltd (2) Mark Irwin and (3) Kenneth Bates [2007] EWHC 3098
21st December 2008 - Libel – Qualified Privilege – Malice – Summary Judgment
   
  Shahid Malik v (1) Newspost Ltd (2) Danny Lockwood and (3) Jonathan Scott [2007] EWHC 3063
20th December 2007 - Libel – Qualified Privilege – Reynolds
   
  Captain Ashvini Kumar Sharma v (1) Singh & (2) Associated Newspapers Ltd [2007] EWHC 2988
17th December 2007 - Libel – Meaning – Repetition Rule - Chase
   
  Haw & Another v City of Westminster Magistrate’s Court [2007] EWHC 2960 (Admin)
12th December 2007 - Contempt - Criminal Contempt - Route of Appeal
   
  Stoll v Switzerland (Application No. 69698/01)
10th December 2007 - Freedom of Expression - Confidential Sources - Journalism
   
  Frank Warren v Random House Group Limited [2007] EWHC 2856 & [2007] EWHC 2860
5th December 2007 - Libel – Offer of Amends – Burstein Particulars
   
  Sheffield Wednesday Football Club Ltd & ors. v Neil Hargreaves [2007] EWHC 2375
18th October 2007 - Libel – Anonymous website postings – Norwich Pharmacal relief – Discretion
   
  Charman v Orion Publishing Group Ltd & Ors [2007] EWCA Civ 972
Libel – Qualified Privilege – Reynolds Privilege – Reportage – Statutory Privilege
   
  Times Newspapers Ltd & Others v R [2007] EWCA Crim 1925
Contempt – Reporting Restrictions – Contempt of Court Act 1981, ss.4(2) & 11
   
  Roberts & anr -v- Gable & ors [2007] EWCA Civ 721
12th July 2007 - Libel – Qualified Privilege – Reynolds Privilege - Reportage
   
  Burstein v Associated Newspapers Ltd [2007] EWCA Civ 600
Libel – Meaning – Fair Comment – Striking Out
   
  Lord Browne of Madingley v Associated Newspapers Limited [2007] EWCA Civ 295
The Court of Appeal’s judgment in this matter finally became public today after the Claimant’s petition to the House of Lords for permission to appeal was refused.
   
  Sir Martin Sorrell & Daniella Weber -V- Fullsix
Andrew Caldecott QC , Stephen Suttle QC & Caroline Addy were instructed by Herbert Smith on behalf of the Defendants
   
  Mersey Care NHS Trust v Robin Ackroyd [2007] EWCA Civ 101
The Court of Appeal upheld Tugendhat, J.’s decision [2006] EWHC 107 (QB), in which he refused to order the defendant journalist to disclose his source of confidential medical information obtained from one of the claimant’s hospitals.
   
  Johnny Sei-Hoe Hon, Global Corporate Management PLC & Global Bank Ltd v Lecler (Claim No. HQ 04X01298)
The Claimants had brought the action after the Defendant had posted notices on his website alleging the Claimants had behaved dishonestly and illegally. The action was settled four days into the trial at the close of the Claimants’ case, by an agreed statement in open court
   
  Vereinigung Bildender Kunstler v Austria - ECHR Application number 68354/01
The Applicant was an association of artists with its headquarters at the Secession building in Austria, an independent gallery devoted entirely to exhibitions of contemporary art with an express aim of cultivating an openness to experimentation.
   
  Verlagsgruppe News Gmbh v Austria (No. 2)
14th December 2006 - The European Court of Human Rights held by a majority (6-1) that there was a violation of Article 10.
   
  Niema Ash and another v Loreena McKennitt and others - Court of Appeal [2006] EWCA Civ 1714
The Court of Appeal have rejected the Defendant’s appeal and upheld the judgment of Eady J.
   
  X & Y v THE PERSONS OR PERSONS who have offered and/or provided to the publishers of the Mail on Sunday, Mirror and Sun newspapers information about the status of the Claimants’ marriage [2006] EWHC 2783 (QB)
Privacy – “John Doe” injunctions - scope and procedure
   
  PCC rejects extending concept of jigsaw identification in privacy complaints
Mr Badr Jafar, an associate of Naomi Campbell, complained to the PCC that an article on the Evening Standard website on 21 July 2006 “Naomi arrested after `disturbance’” breached Clause 3 (Privacy) of the Code because it enabled readers to identify his home.
   
  Jameel v Wall Street Journal Europe House of Lords (2006) UKHL 44
Reynolds Revisited -The House of Lords today breathed life into the defence of Reynolds privilege and in so doing gave new weight to both journalistic and editorial decision-making. The House were unanimous in finding that both the judge at first instance and the Court of Appeal had adopted far too “narrow” an approach to what was strikingly referred to as the “spirit of Reynolds”. Indeed, Lord Bingham described the Court of Appeal judgment as “subverting the liberalising intention of the Reynolds decision”.
   
  Jameel v Wall Street Journal Europe House of Lords (2006) UKHL 44
Corporate presumption of damage intact - By a majority (3-2, Lord Hoffmann and Baroness Hale dissenting) the House of Lords today rejected the Defendant’s contention that a commercial company “should not be able to sue for libel unless it can prove special damage” and confirmed that “the law of libel is one and the same to all plaintiffs”. The majority of the House decided that the rule established in South Hetton Coal Company v North-Eastern News Association Ltd in 1894, that “an action of libel will lie at the suit of a trading company without proof of special damage” remains “sound law” - even taking into account the defendant’s arguments based on Article 10 of the European Convention of Human Rights - and “ought not to be departed from”.
   
  Wainwright v Home Office
The Applicants, Mary and Alan Wainwright, were two British citizens who alleged violations of Article 3 (inhuman or degrading treatment), Article 8 (respect for private life) and Article 13 (right to an effective remedy) having undergone strip-searches when they had visited a close relative in HMP Leeds who had been suspected of involvement in drugs.
   
  White -v- Sweden
European Court of Human Rights - Second Section, Chamber (7 judges) - The Applicant was a British national who alleged a violation of Article 8 in relation to a series of articles published in the two main evening Swedish newspapers
   
  Paul McKenna v MGN Ltd [2006] EWHC 1996 (QB)
Hypnotherapist Paul McKenna sued over an Article written by Victor Lewis-Smith in The Mirror. Eady J held that the Article meant that Mr McKenna had fraudulently boasted in his publicity material that he had a PhD whilst knowing full well that it was bogus, since he had obtained his doctorate from La Salle University in Louisiana by post and merely in return for the payment of money.
   
  Muhamed Veliu v Mazrekaj and Bucpapaj [2006] EWHC 1710 (QB)
The claimant sued in respect of an article published on 20 July 2005 which claimed that he was a “protagonist” in the July 7 bombings and was a close friend of the terrorist Mohammed Sidique Khan, described as “the worst of the four killers who bombed the London underground”. There was no basis for the allegation, and there was never any suggestion that it was true
   
  Lance Armstrong v Times Newspapers Limited & Others [2006] EWHC 1614 (QB)
Cyclist Lance Armstrong is suing for libel in respect of an article published by the Sunday Times in June 2004. Trial is to be by a judge sitting alone and at this hearing Gray J decided, as a preliminary issue, the meaning of the words complained of.
   
  Malik v Central Criminal Court and Crown Prosecution Service [2006] EWHC 1539 (Admin)
The Claimant sought judicial review of a decision of the Common Serjeant of London, sitting at the Central Criminal Court, whereby he refused the Claimant’s application to have his bail application heard in public. The Common Serjeant, rejecting the application, had held that it was the usual procedure in the Central Criminal Court for bail applications to be heard in chambers and there was nothing which distinguished the Claimant’s case from any other.
   
  Clayton v Clayton (2006) EWCA Civ 878
Reporting Restrictions – Section 97 Children Act 1989 – Articles 8 & 10 – Future prohibitions on publicity of proceedings under the Children Act
   
  Lance Armstrong v Times Newspapers Limited & Others (2006) EWHC Civ 519
Defamation – Mode of Trial – Section 69 of the Supreme Court Act 1981 – Exercise of Court’s discretion under s.69(4)
   
  Roberts & Anor v Gable & Anor [2006] EWHC 1025 (QB
The Claimants, brothers Christopher and Barry Roberts were active members of the BNP who had stood as candidates in the last general election. They brought libel proceedings against the publisher and editor of the anti-fascist magazine Searchlight and the writer of the article complained of.
   
  Lady Colin Campbell -v- Lily Safra [2006] EWHC 819 (QB)
Defamation – Inducement to Breach Contract – Summary Judgment – Responsibility for Publication
   
  Bunt V. Tilley, Hancox, Stevens, AOL, Tiscali and BT [2006] EWHC 407 (QB)
   
  Henry v BBC (no.3) [2006] EWHC 386 (QB)
   
  George Galloway MP v The Telegraph Group Ltd [2006] EWCA Civ 17
The Court of Appeal upholds George Galloway’s libel victory over the Daily Telegraph
   
  Howlett v Holding (No. 4) [2006] EWHC 41 (QB)
   
  Henry -v- BBC (No.2) [2005] EWHC 2787 (QB)
This Judgment relates to the trial before Judge alone of the defences of privilege, which substantially failed
   
  Marion Henry v BBC [2005] EWHC 2503 (QB)
Libel - Conditional fee agreements – ATE insurance - disclosure of insurance policy and updated costs estimates
   
  Campbell v MGN Limited [2005] UKHL 61
Conditional Fee Agreements
   
  Lance Armstrong v Times Newspapers Ltd [2005] EWCA Civ 1007
The Court of Appeal reinstates the newspaper’s Reynolds qualified privilege defence
   
  R v Teeside Crown Court (Gazette Media Co Ltd & ors) [2005] EWCA Crim 1983
The Court of Appeal fires a warning shot over the identification of defendants in child sex cases
   
  A v B, C & D [2005] EWHC 1651 (QB)
Application for a pre-publication privacy injunction against American and English publishers of a magazine. Claimant having previously put private information into the public domain. Whether he still had a reasonable expectation of privacy
   
  Douglas v Hello! Ltd (Nos. 5 & 6) [2005] EWCA 595
This decision is the first in which the implications of the Strasbourg ruling in Von Hannover v Germany have been considered. It is now recognised that the court has a duty to protect individuals against any unjustified invasion of private life by another individual. In Douglas v Hello!, breach of confidence/misuse of private information was the vehicle through which to do so.
   
  Turcu v News Group Newspapers Limited [2005] EWHC 799 (QB)
This case was very unusual in that the Claimant brought it under a false name, did not attend the trial, give evidence or even supply a witness statement. Under such circumstances, it was likely to be difficult for him to succeed, not least because there was no opportunity for the Defendant to test the Claimant’s case in cross examination.
   
  Pritchard Englefield (A Firm) v Steinberg [2005] EWCA Civ 288
The Court of Appeal has dismissed an appeal against Eady J’s decision to grant summary judgment under s.8 of the Defamation Act 1996 to the claimants in the absence of the defendant in respect of a libellous website item.
   
  Maxine Carr v News Group Newspapers Ltd
Maxine Carr’s injunction to be continued indefinitely
   
  Steel & Morris v United Kingdom (Application no. 68416/01)
The denial of legal aid to 2 parties in a defamation action and the procedural unfairness which arose as a consequence constituted, on the particular facts of the case, a violation of their right to a fair trial under Article 6(1) and, further, contributed to a breach of their right to freedom of expression under Article 10.
   
  Polanski v Conde Nast Publications Ltd (HL) [2005] UKHL 10
Polanski’s unwillingness to come to this country because he is a fugitive from justice is a valid reason for allowing him to give his evidence by video link. If a fugitive is entitled to have recourse to the court to protect his civil rights there can be no reason to withhold from him a technological facility readily available to all litigants.
   
  Jameel v Wall Street Journal Europe SPRL - [2005] EWCA CIV 74
The Wall Street Journal lose their appeal on Reynolds qualified privilege in Jameel
   
  Jameel v Dow Jones & Co Inc - [2005] EWCA Civ 75
Libel – presumption of damage – abuse of process
   
  Miller v Associated Newspapers Ltd (No. 2) [2005] EWHC 21 (QB)
Defamation-libel-justification-permission to re-amend plea of justification-whether words capable of Chase level 3 meaning-alleged lies and conduct of Claimant as evidence of guilt
   
  Nail v Newsgroup Newspapers Ltd & ors [2004] EWCA Civ 1708
   
  Chan U Seek v Alvis Vehicles Ltd & Guardian Newspapers [2004] EWHC 3092 (Ch)
The decision of Park J provides useful guidance to journalists seeking access to court documents
   
  George Galloway MP v Telegraph Group Limited 2004] EWHC 2786 (QB)
MP George Galloway wins his libel case against the Daily Telegraph - £150,000 damages awarded
   
  Johnson v The Medical Defence Union Ltd [2004] EWHC 2509 (Ch)
The High Court has provided useful clarification of the relationship between subject access requests under the Data Protection Act 1998 and disclosure under the CPR.
   
  Martha Greene v Associated Newspapers Ltd 2004] EWHC 2322 (QB)
In an important and reassuring decision for press freedom, the Court of Appeal on 21 October 2004 dismissed an appeal which sought to argue that, following the enactment of s.12 of the Human Rights Act, libel injunctions should now more easily be granted to restrain publication before trial.
   
  Kimberly Fortier PCC complaint
PCC rejects complaint by Kimberly Fortier, the woman alleged to have had an affair with David Blunkett, for harassment and invasion of privacy in respect of a photograph of her and her son taken in the street.
   
  In re S (FC) (a child) (Appellant) [2004] UKHL 47
Important House of Lords ruling for the freedom of the press to report criminal trials
   
  Cream Holdings Limited v Banerjee [2004] UKHL 44
When should the court grant an interim injunction against the media to restrain publication of confidential information? What is the proper construction of the threshold test under s12(3) of the Human Rights Act 1998?
   
  Case of Von Hannover -v- Germany (Application no. 59320/00)
Princess Caroline of Monaco privacy case - ECHR Ruling stands as no appeal lodged by German Government
   
  Musa King v Telegraph Group Ltd [2004] EWCA (Civ) 613
Defamation – Civil Procedure – Costs Capping Orders – Justification
   
  Campbell (Appellant) -v- MGN Limited (Respondents) [2004] UKHL 22
Naomi Campbell wins her privacy appeal in the House of Lords
   
  Hutton Inquiry
Lord Hutton`s report into the death of Dr David Kelly was delivered on 28th January.
   
  (1) Mohammed Abdul Latif Jameel (2) Abdul Latif Jameel Company Limited v Wall Street Journal [2004] EWHC 37 (QB)
Defamation – Reasons for rejection of ‘Reynolds’ defence
   
  Roman Polanksi v The Conde Nast Publications Ltd (2004) 1 WLR 387
Libel - evidence by video conference link (VCF) – CPR 32.3
   
  Wainwright and another v Home Office [2003] UKHL 53
Tort – Invasion of Privacy – Damages for Emotional Distress – Human Rights
   
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