Eady J held that a Defendant could make a unilateral statement in open court in a privacy claim, but the proposed statement was not clear and the Court would therefore not allow it.
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Damages of £40,000 for disclosure of audio recording and £80,000 for libel:-The Defendant had disclosed an audio recording of a private meeting between the Claimant and his lawyers via an extensive voicemail, email, Twitter and blogging campaign, and had made a number of highly damaging allegations concerning the nature of his departure from the Second Claimant company, the honesty and integrity with which it was being run, and as to the First Claimant's medical fitness to continue in his positi ...
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The Article 10 interests of the publishers of a newspaper article about England football captain Rio Ferdinand's extra-marital affair outweighed his Article 8 interests. Although the information concerned the Claimant's private life and was protected by Article 8, publication of the article was justified in the public interest as the Claimant had portrayed himself as a 'reformed' character who no longer cheated on his long-term partner and his position as England captain meant that he was a pers ...
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In this action, the pursuer sued a local authority for their alleged culpable failure of their Social Work Department, to prevent her from being the victim of child sex abuse, perpetrated by other family members. A 2005 Scottish Executive Investigation into the case had produced a report, with detailed findings of fact. The pursuer sought recovery of these findings in fact, a motion which was opposed by the Scottish Government as havers. The Scottish Government argued that ECHR rights of third p ...
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The Court ruled that the UK authorities were in control in Southern Iraq as part of the invading forces, such that civilians there were under the jurisdiction of the UK and hence its obligations under the ECHR.
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The European Court of Human Rights determined that people could not be deported to Somalia, even if they were criminals, because, as it was a failed state and subject to internal violence, no-one could be safe there and deportation would breach Art 3 ECHR
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In June 1992 the pursuer obtained decree against the defender at Ayr Sheriff Court, in respect of a debt worth £9,600. By 1998 no payment had been made towards satisfying this decree and the pursuer raised an action of adjudication in the Court of Session, which pronounced decree adjudging the defender’s heritable property to the pursuer. By August 2008, the ten year reversionary period expired without any payment made towards the debt, and the present action was raised, for declarato ...
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The appellants were the trustees of a multi-employer occupational pension scheme: Ormsary Farmers, a limited partnership registered under the Limited Partnership Act 1907, were one of the participating employers under the scheme. Under the Pensions Act 2004, the respondent was obliged to determine a “failure score” for the appellants’ scheme, and resolved that this figure would be the normal failure score which Dun & Bradstreet UK Limited assigned to each employer. In this ...
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On 16 February 2009, a children's hearing in Stirling varied a supervision requirement in respect of the appellant, BJ, and decided that she was liable to be placed in secure accommodation in terms of section 70 of the Children (Scotland) Act 1995 as amended by section 135 of the Antisocial Behaviour etc (Scotland) Act 2004. The actual placement of the child was effected by two officials, namely the chief of social work for the area, and the head of the secure accommodation. As the placing and k ...
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The petitioner was sentenced to two consecutive prison terms for assault and robbery, and is currently serving these terms in a Scottish prison. The petitioner claimed that his Article 8 ECHR right to respect for private and family life had been interfered with as a result of a prison PIN telephone system message. The petitioner averred that calls originating from the PIN telephone system played the following pre-recorded message before connecting the caller ...
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