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  • Desmond Browne CBE KC
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Post-employment contractual restraint; Protection from Harassment Act 1997; LinkedIn; direct messaging; “harassment by publication”; representative action; compensatory damages; permanent injunctive relief; General Civil Restraint Order Defamation – s.1 Defamation Act 2013 – serious harm to reputation – causation - damages The Court of Appeal allowed Mr Fox’s appeal in part against the decisions of Collins Rice J on liability and damages ([2024] EWHC 146 (KB); [2024] EWHC 956 (KB)). So far as concerned Mr Fox’s counterclaims, the Court held that the judge had made material errors of law in her approach to causation of serious harm and was wrong to find that Mr Fox had not suffered serious harm to his reputation and remitted those claims for retrial in the High Court on the defences that had not been tried. In relation to Mr Blake’s and Mr Seymour’s claims, the Court dismissed the appeal on serious harm but reduced the damages awarded to the claimants from £90,000 to £45,000 each. Mr Yaxley-Lennon admitted 10 breaches of an injunction imposed on him by Nicklin J in the libel case of Hijazi v Yaxley-Lennon, including publishing online a film that repeated the libel. Johnson J committed him to prison for 18 months (less 3 days for time spent in custody on remand) comprising a punitive element of 14 months and a coercive element of 4 months, which would be remitted if Mr Yaxley-Lennon were to remove his film from his social media accounts and take all possible steps to secure its removal from other online sources. Mr Yaxley-Lennon brought an out-of-time appeal against the penalty, contending that, because he was being segregated from other prisoners for his own safety, prison conditions were harsher than Johnson J had anticipated and, in reliance on a recently obtained psychologist’s report, that his imprisonment had caused his mental health to deteriorate and that he had been suffering from undiagnosed ADHD at the time of sentence. The Court of Appeal granted an extension of time and permitted reliance on the psychologist’s report but dismissed the appeal. The prison conditions were not materially harsher or more onerous than the Judge foresaw. There had been some evidence about Mr Yaxley-Lennon’s mental health before Johnson J and the new medical evidence did not show either a significant exacerbation of a known condition or a material new factor. defamation – jurisdiction – publishers at common law – s.10 Defamation Act 2013 – s.13 Defamation Act 2013 Libel – Preliminary Issues Trial – meaning – qualified privilege – s. 15 Defamation Act 1996 Libel – strike out – meaning – the rule in Charleston The Appellant made a request under the Freedom of Information Act 2000 for information about advertising and sponsorship revenue received by Channel 4 from Sainsbury’s. The Information Commissioner upheld Channel Four’s refusal to provide the information on the basis that it was held for the purposes of journalism, art or literature and therefore not held in Channel Four’s capacity as a public authority under the Act (i.e. that the so-called “derogation” applied). On appeal, the Appellant argued that he was seeking only aggregated information, not the “building blocks” consisting of specific figures for specific programme sponsorships etc, and that there was insufficient connection between that aggregated information and the purposes of journalism etc to engage the derogation. The First-tier Tribunal disagreed, holding that it was necessary to consider whether the “building blocks” were pieces of information held for the purposes of journalism etc. Having heard detailed evidence about how modern TV advertising works, the Tribunal accepted Channel Four’s case and upheld the Information Commissioner’s Decision Notice. Open justice – Article 8 – Pre-hearing access to witness statements – Non-parties Defamation - preliminary issues - trial of public interest defence under s.4 Defamation Act 2013 - Curistan - reporting privilege under s.15 Defamation Act 1996 - privilege for publication of a summary of a peer-reviewed scientific article under s.6(5) Defamation Act 2013 - meaning - fact or opinion - honest opinion - not believing an opinion under s.3(5) Defamation Act 2013 Libel – Hunter abuse – Jameel abuse – Rule in Dingle Malicious falsehood - proper interpretation of s.3, Defamation Act 1952 - whether s.3 requires a claimant to prove actual pecuniary damage or only its likelihood at the time of publication - whether damages for injury to feelings are recoverable if pecuniary damage sustained is only nominal TPI - Phone Hacking Litigation - Limitation Reporting Restriction Orders – Rule 50 – Article 8 ECHR – Whistleblowing – Confidentiality Libel – serious harm – social media – causation – qualified privilege Breach of confidence – misuse of private information – interim injunctions Summary judgment – strike out – misuse of private information – limitation Electoral law - s.106 injunction - false statements of fact - personal character or political Natural & Ordinary Meaning - Fact or Opinion - Definition - Trials of Preliminary Issue Election Petition - Representation of the People Act - Local Government Act - frustration - declarations - Special Case - Summary Judgment - Election Petition Rules Libel – Reduction of general damages for litigation misconduct Defamation – Strike out – Reference innuendo – Ordinary reasonable reader Libel – Harassment – Privacy – Judgment in Default – Injunctive relief Defamation – preliminary issue – single meaning –- context – hyperlink – Chase levels Judicial review – Prisoner communications – Irrationality – Article 10 – PSI 37/2010 Libel - Serious harm under s.1 Defamation Act 2013 Freedom of Information - FOIA - National Security - Public Records - National Archives - transferred public record - historical documents Interim injunction - Ransomware attack - data breach - blackmail - breach of confidence - private hearing Jurisdiction - s.10 Defamation Act 2013 - service - CPR Part 6 - author, editor & publisher Reporting restrictions – Article 8 – open justice – Proceeds of Crime Act 2002 Reporting Restrictions - Rule 50, Employment Tribunals Regulations 2013 - Article 8 - Employment Tribunal Misuse of private information – interim injunction – return dates Libel - Specific disclosure - Subscriber data Breach of Confidence – Blackmail – Injunction Against Person(s) Unknown – Application for continuation of interim injunction on return date – Default judgment – Derogations from Open Justice Open justice – reporting restrictions – Article 8 – Article 10 – Court of Protection Enforceability and acceptance of undertakings - Settlement Libel – reference – corporate claimants – defamatory meaning Libel – Defence under s.2 of the Defamation Act 2013 Open Justice - Non-Contentious Probate Proceedings - Whether the media has a right to be heard in proceedings in which it is not a party - Whether the President of the Family Division should have held a private hearing not on notice to the media - the role of the Attorney-General Malicious falsehood - proper interpretation of s.3, Defamation Act 1952 - whether s.3 requires a claimant to prove actual pecuniary damage or only its likelihood at the time of publication - whether damages for injury to feelings are recoverable if pecuniary damage sustained is only nominal Libel – summary judgment – strike out – serious harm Libel – summary judgment – absolute privilege – experts – CPR Part 35 Libel - jurisdiction - centre of interests - Brussels Recast Regulation - serious harm - serious financial loss - rule against Reflective Loss - holding companies - trading reputation - rule in Marinari - causation - applicable law - double-actionability - eCommerce Directive Reporting Restrictions – Open Justice – Article 8 – Article 10 – Confidentiality Norwich Pharmacal relief - Allegedly defamatory posts - Whether a declaration should be made that the court had no jurisdiction to try the claim because no valid service had been effected - Whether a declaration should be made that the court should not exercise its jurisdiction because of an exclusive jurisdiction clause in the Defendant's Terms of Use and/or because it was contended that the Claimant obtained an Order improperly or unfairly Defamation – Libel – Internet injunction – Jurisdiction Libel – disclosure – journalistic sources – section 10 Contempt of Court Act 1981 – Article 10 ECHR – waiver – witness summonses Libel; absolute privilege; jurisdiction to hand down of judgment after parties conclude settlement. Interim Injunction application - Ransonware attack - Data breach - blackmail - breach of confidence - private hearing Open Justice - Access to Documents Open justice – whether hearing in public or private pursuant to CPR 39.2 – national security Misuse of Private Information – Breach of Confidence – Data Protection Act 1998 – Article 8 – Article 10 – criminal investigations – letter of request – journalism Joinder – Disclosure – Amendments – Further Information Data protection – misuse of private information – breach of confidence – negligence – smart devices – Jameel – de minimis – allocation Open justice – anonymity – statutory disciplinary proceedings Trials of Preliminary Issue - Meaning - Honest Opinion - Default Judgment - Relief From Sanctions - Trial by Jury - Shadow Pleadings Libel – Jurisdiction – Service Out – s.9 Defamation Act 2013 – Malicious Falsehood – s.3 Defamation Act 1952 – Loutchansky Malice – data protection – GDPR – Data Protection Act 2018 – UKGDPR – territorial applicability Libel – Jurisdiction – Brussels Recast Regulation – Centre of Interests Libel - Publication of reasons for exclusion of individuals from mosque - Qualified privilege - Duty/interest - Reply to attack - Malice - Summary judgment Data Protection – Misuse of Private Information – Breach of Confidence – Negligence – Jameel – De Minimis – Allocation Defamation – libel – amendment – serious harm – Dingle – Burstein Data protection – harm – de minimis - summary judgment Preliminary issue – whether publication occurred within jurisdiction – litigation bias – delay in issuing – destruction of records Defamation - Libel - Trial of Preliminary Issues - Meaning - Defamatory imputation - Statement of fact / expression of opinion - Whether the repetition rule is engaged - Multiple publications Libel – Malicious Falsehood – Slander - Strike out – Jurisdiction of Employment Tribunal - Johnson exclusion area – Summary judgment – Jameel abuse Defamation – Libel – Harassment – Data Protection – Quantum – Damages – Injunction – Section 13 order Defamation - Libel - Malice- Rehabilitation of Offenders Act 1974 - Spent Convictions - Whether the malice plea relating to spent convictions was correctly struck out Libel – summary judgment – strike out – social media – proportionality Slander - preliminary issues - publication - defamatory meaning - slanders actionable per se - serious harm - limitation Libel - publication on matter of public interest - s.4, Defamation Act 2013 - damages Confidentiality – Abuse of Process – Amendments – Confidentiality Club – Disclosure Defamation claims in Gibraltar – right to trial by jury – application of Defamation Act 2013 to Gibraltar - jurisdiction Preliminary issue – whether statement fact or opinion – bare comment – whether statement defamatory at common law Libel – section 9 Defamation Act 2013 – jurisdiction – service out – forum conveniens – service gateways – centre of interests Defamation - Meaning - Ambiguity - Extraneous Evidence - General Knowledge Defamatory meaning - Foreign language television broadcast - Whether defamatory - Whether fact or opinion Libel - Malicious Falsehood - Strike out - Amendments - Henderson v Henderson abuse of process - Consent to disciplinary procedure within employment context - Friend v Civil Aviation Authority- Claim for losses flowing from dismissal - Jurisdiction of Employment Tribunal - Johnson exclusion area - Johnson v Unisys Ltd - Jameel abuse of process - Failure to provide reference Misuse of private information-breach of copyright-summary judgment and/or strike out of defence Malicious Falsehood – Abuse of Process – Section 3 Defamation Act 1952 FOIA - exemptions - national security - Information Commissioner's Guidance - "in the alternative" - public law Defamation – Jurisdiction – Lis Pendens – Lugano Convention – Negative Declaratory Relief Libel - section 9 Defamation Act 2013 - jurisdiction - service-out - forum conveniens - malicious falsehood - GDPR - data protection - establishment - extra-territoriality - service gateways - centre of interests Data Protection – Journalism Exemption (DPA 1998, s32) – Monetary Penalty Notices Covert surveillance – harassment – strike out - legal professional privilege Defamation – Libel – CPR Part 11 – Jurisdiction – Serious Harm – s.1, Defamation Act 2013 – Reference – Publication Defamation - Libel - s3, Defamation Act 2013 - Honest Opinion - Malice - Truth - Spent Convictions - Whether the Defendant should be granted summary judgment - Whether the malice plea should be struck out - Data Protection - Misuse of Private Information - Spent Convictions- Abuse of Process libel – Defence under s.2 of the Defamation Act 2013 Defamation – Trial of Preliminary Issues – Meaning – Honest Opinion – Defamatory at common law Data Protection Act 1998 – s.35 exemption (legal purposes) – s.28 exemption (national security) – remedies Malicious Falsehood – Strike Out – Abuse of Process – Damage – Jameel abuse Libel - unfair judicial treatment - order for retrial - s 4 Defamation Act 2013 - defence of publication on matter of public interest Privacy - breach of confidence - social media - real and substantial tort - general damages - aggravated damages - injunctive relief Breach of Confidence - Trade Secrets - Injunction - Public Interest Privacy - defamation - anonymity - r16 order - reporting restrictions - s11 Contempt of Court Act 1981 Misuse of Private Information – Breach of Confidence – Data Protection Act 1998 – Article 8 – Article 10 – criminal investigations – letter of request – journalism Defamation - Meaning - Preliminary Issue - Hearing Bundle Harassment - Protection from Harassment Act 1997 - Harassment by Media Publications - Data Protection Act 1998 - s.10 Data Protection Act 1998 - s.14 Data Protection Act 1998

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Latest cases

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