Search for: "Hugh Tomlinson QC"
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17 Jun 2015, 4:34 pm
In the case of BBC v Roden ([2015] UKEAT 0385_14_1205) Simler J sitting as the Employment Appeal Tribunal overturned a remarkable anonymity order which had been made at the conclusion of Employment Tribunal proceedings to protect the reputation of a claimant who had misled his employers and reaffirmed the importance of open justice. Background The claimant had been dismissed after the BBC had been informed that serious allegations of a sexual nature had been made against him in relation to… [read post]
26 Mar 2017, 6:00 am
Parmigiani Case Law: Gulati v MGN Ltd, A landmark decision on the quantum of privacy damages – Hugh [read post]
9 May 2011, 12:52 am
The Guardian reports: “Hugh Tomlinson QC weighed in on Guardian Law via the Inforrm blog with the [read post]
5 Mar 2015, 4:30 pm
In the case of Haldimann v Switzerland (Judgment of 24 February 2015, available only in French), the Second Section held that the conviction of four journalists for having recorded and broadcast an interview of a private insurance broker using a hidden camera was a breach of their Article 10 rights. Although the case has been hailed as a “breakthrough for investigative journalism” it was, in reality, a fact sensitive decision from which no general conclusions can be… [read post]
25 Oct 2015, 1:14 pm
On Tuesday 27 and Wednesday October 2015, the Master of the Rolls, Tomlinson and Vos LJJ will hear the [read post]
27 Feb 2015, 4:03 pm
In the case of Guseva v Bulgaria (Judgment of 17 February 2015) a Chamber of the Court of Human Rights has again recognised an Article 10 right to access to information and found a violation where a public authority had failed to provide public interest information despite court orders. There were, however, two dissenting judgments on this issue, including one from the UK judge. Facts The applicant is a Board member of the Animal Protection Society in Vidin, Bulgaria. Between April 2002 and… [read post]
29 Mar 2018, 4:45 pm
over “Jesus” and “Mary” advertising campaign, Article 10 violation – Hugh [read post]
17 Oct 2017, 5:02 am
true privacy Case Law: Gulati v MGN Ltd, A landmark decision on the quantum of privacy damages – Hugh [read post]
5 Jul 2018, 4:24 pm
For 70 years the British press has resolutely resisted any form of independent regulation. The oligarchs who control the large media corporations have successfully resisted the regulatory recommendations of inquiries from the 1949 Royal Commission on the Press to the 2012 Leveson Report. But it turns out that this opposition to regulation is not absolute or principled. A succession of revelations about the abusive behaviour of corporations who put profit above accuracy and are suspected of promoting… [read post]
6 Mar 2015, 4:16 am
David Erdos, University of Cambridge David Smith, UK Deputy Information Commissioner Hugh Tomlinson [read post]
27 Mar 2016, 4:02 pm
Training Ltd, “serious harm to reputation” once again established by inference – Hugh [read post]
22 Jun 2014, 10:06 am
In the case of Stichting Ostade Blade v Netherlands (App 8406/06, 27 May 2014) the Third Section of the Court of Human Rights held that an Article 10 application by a Dutch magazine arising out of a police raid was inadmissible. The purpose of the raid had been to obtain a letter claiming responsibility for a bomb attack and the Court accepted that the author was not a “journalistic source”. There was a public interest in the disclosure of the letter to the police.… [read post]
9 Feb 2016, 4:10 pm
Background The claim arose out of decision made by HHJ Crowther QC during appeal proceedings at Cardiff [read post]
25 Nov 2014, 2:00 am
In the case of Ion Cârstea v. Romania (Judgment of 28 October 2014) the Third Section of the Court of Human Rights held that dismissal of the applicant’s domestic defamation proceedings was a violation of the positive Article 8 obligation to protect his right to reputation. Background On 8 September 2001 a local newspaper, Republica Oltenia, published an article entitled “Feature story on sex-blackmail professor” concerning the applicant, a university professor. The article… [read post]
8 May 2013, 5:06 pm
We had a piece on the issue a few weeks ago by Hugh Tomlinson QC (“Leveson, “secret arrests [read post]
21 Apr 2015, 4:09 pm
Cooper v Turrell – the assessment of damages for libel and misuse of private information – Hugh [read post]
1 Aug 2019, 3:56 am
Ver was represented by Iain Wilson and Tom Double of Brett Wilson LLP and Hugh [read post]
3 Aug 2015, 4:10 pm
The claimant resisted this argument based on the decision in Dingle v Associated Newspapers ([1964] QC [read post]
7 Jul 2015, 4:09 pm
On 11 June 2015, the Court of Appeal for British Columbia handed down judgment in the controversial case of Equuestek Solutions v Google Inc (2015 BCCA 265) dismissing Google’s appeal against a worldwide injunction ordering it to remove websites from search results (2014 BCSC 1063). The interim injunction therefore remains in place. Background The background is set out in our post on the first instance decision. In short the plaintiffs claimed that the defendants designed… [read post]
4 Apr 2013, 5:07 pm
The decision of the Court of Human Rights in Novaya Gazeta v Russia ([2013] ECHR 251) is an interesting reminder of the requirement of journalistic responsibility even in the context of public interest articles about politicians. The case concerned a domestic libel judgment in favour of a Regional Governor based on an article containing a value judgment. It was, nevertheless, held to have been justified under Article 10(2) as there was insufficient factual basis for the statement… [read post]
