Reputation as a Human Right?

A human right to privacy may also, in the right circumstances, constitute a right to reputation. In the case of A & B v X & Y & Times Newspapers Limited in the Employment Appeal Tribunal, Justice Soole said he had to perform “a balancing exercise between the principles of open justice and Article 10 […]

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Journalism and privacy in the case of Dring

The Supreme Court delivered a landmark judgment on Monday for journalists and privacy in court proceedings. In fact, anyone involved in litigation should consider which documents may be requested by non-parties, and how they would explain what’s in them. In Cape Intermediate Holdings Ltd v Graham Dring, Lady Hale said: “it is, in short, about […]

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Sometimes mere legal compliance is comms complacency

Kevin Brewer has a strange story. It is riddled with contradictions. He was the first person ever to have been convicted under the Companies Act 2006 for filing false company information. He was also a campaigner for beneficial ownership transparency. He falsely submitted that then Business Secretary Vince Cable was a shareholder in his company, […]

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“Justice must be seen to be done”- the effects of the New Civil Procedure Rules on public hearings

The new Civil Procedure Rules might increase litigants’ visibility during court proceedings and cause reputation damage. The principle of open justice is that ‘justice should not only be done but should manifestly and undoubtedly be seen to be done’. However, even if the principle in itself is clear, in practice it is hard to understand […]

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Lachaux must go on!

With defamation cases rarely reaching the Supreme Court, the recent Lachaux judgement provides an excellent opportunity to consider what constitutes “serious harm”. Lord Sumption’s judgement has provided welcome clarification on Section 1 of the Defamation Act 2013 regarding the “serious harm” test. Lord Sumption’s judgement in the case of Lachaux v Independent Print Ltd. makes […]

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