Category Archives: Defamation and Privacy

‘Sir Cliff Richard privacy case: BBC announces decision not to seek permission to appeal’

“The BBC has announced that it will not seek permission to appeal against the judgment of Mann J awarding Sir Cliff Richard privacy damages of £210,000 ([2018] EWHC 1837 (Ch)). The BBC was refused permission to appeal by Mann J on 26 July 2018 ([2018] EWHC 2115 (Ch)). In the course of this judgment he […]

‘Reputation beyond Defamation’

“The common law has long protected reputation very highly. The principal means by which it has done this is the tort of defamation. Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that ‘a claim for mere loss of reputation is the proper subject of an […]

‘Privacy, Identity, and Control: Emerging Issues in Data Protection’, special issue of the Canadian Journal of Comparative and Contemporary Law

–Foreword – Rosalie Silberman Abella Regaining Digital Privacy? The New ‘Right to be Forgotten’ and Online Expression in the Jurisprudence of the International Court of Justice – Fiona Brimblecombe and Gavin Phillipson Equality at Stake: Connecting the Privacy/Vulnerability Cycle to the Debate about Publicly Accessible Online Court Records – Jacquelyn Burkell and Jane Bailey Privacy […]

‘Libel Injunctions: Time to revisit the rule in Bonnard v Perryman?’

“The interim defamation injunction has long been considered a rare breed; indeed it has been 127 years since the common law rule in Bonnard v Perryman [1891] 2 Ch 269 was first established, preventing claimants from obtaining interim libel injunctions in all but the most exceptional circumstances. That was until June this year, when it […]

‘Defamation law does not permit “cumulative harm” claims, rules judge’

“Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled. Mr Justice Warby rejected arguments that ‘cumulative harm’ claims can satisfy the ‘serious harm’ […]

Thomas Bennett, ‘Why Sir Cliff Richard’s case was rightly decided’

Part 1: Reasonable expectation of privacy In a recent post on Inforrm, my good friend Dr Paul Wragg sets out a detailed argument critiquing the High Court’s recent decision in Cliff Richard’s successful privacy claim against the BBC (Richard v BBC). Wragg takes the view that the reasoning of Mann J in the case is […]

Svetlana Yakovleva, ‘Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade “Deals”?’

Abstract This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU’s ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, […]

Kesan and Hayes, ‘Liability for Data Injuries’

Abstract Data insecurity affects the general public to a significant degree, and the law needs to step forward and cope with the challenges posed by data breaches, data misuse, and data injuries. The primary goal of this article is to provide a thorough analytical framework for data breach cases that specifically focuses on the evolutions […]

Mark Lemley, ‘Privacy, Property, and Publicity’

Abstract In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues that we have wrongly reconceived the right of publicity as an intellectual property (IP) right rather than as a privacy-like right of ‘self-ownership’, and that in doing so we have let it grow unchecked in ways that […]

Baldwin, Buckley and Slaugh, ‘Insuring Against Privacy Claims Following A Data Breach’

Abstract Companies and the lawyers who represent them are justifiably concerned about the many risks associated with cyber security threats. In today’s economy, data breaches invariably result in the loss or improper disclosure of consumer data and litigation consistently ensues. Complaints frequently allege privacy-related claims, including the common law tort of unreasonable publicity given to […]