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Sir Patrick Elias, PC, styled The Rt Hon. Lord Justice Elias, is a retired Lord Justice of Appeal.
Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised where it was clear that the journalist had a duty to publish an allegation even if it turned out to be wrong.
Sir Colin Percy Farquharson Rimer was, until 2014, a judge of the English Court of Appeal.
Sir Stephen Sedley is a British lawyer. He worked as a judge of the Court of Appeal of England and Wales from 1999 to 2011 and is currently a visiting professor at the University of Oxford.
Douglas v Hello! Ltd[2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. The case resulted in OK! Magazine being awarded £1,033,156.
Privacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy - the protection of personal or private information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognised no general right or tort of privacy, and was offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.
O’Brien v MGN Ltd [2001] EWCA Civ 1279 is an English contract law case, concerning incorporation of terms through reasonable notice.
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.
ETK v News Group Newspapers Ltd also known as K v News Group Newspapers Ltd [2011] EWCA Civ 439 was a 2011 Court of Appeal case in which a privacy injunction was obtained by a person in the British entertainment industry following an extra-marital affair.
MJN v News Group Newspapers [2011] EWHC 1192 was a 2011 privacy case in English law decided by the High Court of Justice, in which a Premiership footballer obtained an injunction to prevent the publication of the details of an extra-marital affair which the footballer is alleged to have had with the lingerie model Kimberley West.
BBC v Harper Collins (2010) EWHC 2424 was a 2010 case in English law, in which the British Broadcasting Corporation applied for an injunction to prevent HarperCollins publishing a book by Ben Collins, which was to reveal his identity as the racing driver known as 'The Stig' on the BBC's Top Gear programme.
Goldsmith & anon v BCD [2011] EWHC 674 was a case in English privacy law in which the Conservative politician Zac Goldsmith sought a superinjunction to prevent the publication of private correspondence after his e-mails were hacked. The defendant cannot be named due to an anonymity order.
In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a Guardian journalist covering the Trafigura controversy. Due to their very nature media organisations are not able to report who has obtained a super-injunction without being in contempt of court. The term super-injunction has sometimes been used imprecisely in the media to refer to any anonymised privacy injunction preventing publication of private information. Critics of super-injunctions have argued that they stifle free speech, that they are ineffective as they can be breached using the Internet and social media and that the taking out of an injunction can have the unintended consequence of publicising the information more widely, a phenomenon known as the Streisand effect.
Misuse of private information is a new common law tort that English courts recognised in Campbell v MGN Ltd. Arising as a branch of the law relating to breach of confidence, it has been reinforced by Article 8 of the European Convention on Human Rights, supplemented by s. 6 of the Human Rights Act 1998, which obliges public institutions not to act inconsistently with Convention rights.
Kaur v MG Rover Group Ltd[2004] EWCA Civ 1507 is a UK labour law case concerning the contract of employment. It held that promises to make no compulsory redundancies in a collective agreement were "aspirational" and not apt for being incorporated into individual contracts of employment. This meant that, aside from the collective agreement being unenforceable under the Trade Union and Labour Relations (Consolidation) Act 1992, section 179, the promises to employees could be broken.
Das v Linden Mews Ltd[2002] EWCA Civ 590 is an English land law case, concerning rights of way.
Sir Andrew Peter Leggatt, PC was formerly a Lord Justice of Appeal and member of the Privy Council.
PJS v News Group Newspapers Ltd [2016] UKSC 26 is a UK constitutional law case in which an anonymised privacy injunction was obtained by a claimant, identified in court documents as "PJS", in order to prohibit publication of the details of a sexual encounter between him and two other people. Media outside England and Wales identified PJS as David Furnish.
References
- ↑ "One Brick Court - Cases - JIH v News Group Newspapers Ltd [2011] EWCA Civ 42". onebrickcourt.com. Retrieved 2016-12-12.
- ↑ Siobhain Butterworth (2011-08-05). "Superinjunctions, gagging orders and injunctions: the full list | Siobhain Butterworth & Maya Wolfe-Robinson | Law | theguardian.com". theguardian.com. Retrieved 2016-12-12.