There was credible evidence that D intended to disclose information as to C’s private life, in respect of which there was no public interest, and as such an injunction was warranted. Anonymity was necessary as details of the nature of the private information had already been published in the press.
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An injunction was granted to restrain the Defendant from continuing to publish words as he had threatened to do so, had not indicated that he had any defence and the Claimant was likely to establish at trial that the publication should not be allowed.
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The Court assessed the appropriate sum in damages for libellous postings on internet forums, which stated that the claimant's distance learning courses were a ‘scam’, at £50,000, which was the sum necessary to demonstrate the falsity of the allegations.
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Even if a reader was taken to have read the contents of web pages that could be accessed by clicking on hyperlinks in the words complained of, the words complained of were capable of referring to the Claimant. An application by the Defendants to have the claim struck out on the basis that it did not so refer was therefore dismissed.
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Supperstone J held that the Crown did not owe prisoners a non-delegable duty of care in respect of alleged failings of the local NHS Primary Care Trust to adequately assess a prisoner’s risk of suicide.
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The obtaining of a spouses’ financial information from a computer without knowledge or consent amounted to a breach of confidence and Hildebrand v Hildebrand did not provide any basis for such conduct being lawful. An appropriate test to determine whether such material was confidential was whether the spouse had a reasonable expectation of privacy in respect of the information (as in Campbell v Mirror Group Newspapers [2004] UKHL 22).
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Confidential Information
An application for an interim injunction to restrain the publication of Collins’ autobiography, which revealed his identity as the person who played the role of The Stig in BBC’s Top Gear, was refused. The court found that the press coverage had gone well beyond speculation as to the identity of the Stig and this information had become generally accessible such that anyone who had any interest in knowing the identity of the Stig already knew it. It was therefore no longer confidential informatio ...
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An appeal was dismissed against a decision that a patent concerning extended wear contact lenses was invalid for insufficiency. The heart of the test for sufficiency was whether the skilled person could readily perform the invention over the whole area claimed without undue effort by experimentation and without requiring invention. The patent’s avaricious ambit and failure to provide any useful teaching made it a hazard to those conducting research in this area and the judge had been right to re ...
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Where the participation of a London market reinsurer and a Swiss reinsurer were governed by English law, and were on the same terms and part of the same placement in respect of an excess of loss policy there would be a risk of inconsistent judgments where the Swiss courts had declined to entertain the claim involving the London market reinsurer. Accordingly the English court had jurisdiction to hear the claim involving the Swiss reinsurer pursuant to the Lugano Convention 1988 Art. 6 (1).
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Where a reinsurance contract had been placed in London by London brokers with a London reinsurer incorporating several standard London market clauses it was strongly arguable that the parties to the contract had impliedly chosen English law as the governing law of the contract. This was of considerable significance in determining that England was the proper place for hearing a dispute under the contract because of the distinct advantage of having the issues of construction determined by the Engl ...
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