Podcast Location:
Download it here [file size: 33.2 MB]
Categories:
Defamation and Reputation Management
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast series is aimed at those interested in updating their knowledge of Defamation and Privacy law.

Part One will consider recent trends and issues in Defamation. It will look at how damages will be assessed in libel claims, issues with defamation on the internet, qualified privilege and the role of abuse of process over the past year. It will also start to look at developments in privacy, particularly the recent focus on anonymity and cases indicating a trend towards openness in the courts dealings and a move away from the much ‘famed’ super injunction.

Part Two continues to look at developments in privacy law and how the issue of anonymity has been dealt with in recent cases. It will consider the importance of public scrutiny of the courts and how this has played out in recent cases and how the courts assess the nature of the information versus naming of the parties. It will also look at the use of public judgments, private hearings and when there will be a duty to notify the media of reporting restriction application. It will also look at how the courts will approach blackmail injunctions, and some recent cases of interest in the European courts.

Outcomes:
After completing the course you will:
  • Be aware of some of the recent trends and issues in Defamation law;
  • Understand how damages in libel claims will be approached by the courts;
  • Be aware of how the court treats hyperlinks to defamatory content;
  • Be aware of recent authority on the issue of defamatory meaning;
  • Be aware of recent authority on the issue of qualified privilege;
  • Know about current practice for website publications;
  • Know how the Human Rights Act 1998 has affected the availability of the defence of qualified privilege to public authorities in defamation cases;
  • Be familiar with the role of abuse of process in recent defamation cases;
  • Be aware of some of the recent trends in Privacy cases;
  • Understand the guiding principles in relation to anonymity.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Sources and References:
  • Ali v Associated Newspapers Ltd [2010] EWHC 100;
  • AMM v HXW [2010] EWHC 2457;
  • BBC v HarperCollins Publishers Ltd [2010] EWHC 2424;
  • Berezovsky v Terluk [2010] EWCA Civ 1345;
  • Cambridge v. Makin [2011] EWHC 12 (QB);
  • CDE v MGN [2010] EWHC 3308;
  • Clift v Slough Borough Council [2010] EWCA Civ 1484;
  • Crooks v. Newton 2009 BCCA 392;
  • Dee v Telegraph Media Group [2010] EWHC 924;
  • DFT v TFD [2010] EWHC 2335;
  • Donald v Ntuli [2010] EWCA Civ 1276;
  • Flood v Times Newspapers Ltd [2010] EWCA Civ 804 CA;
  • Gray v UVW [2010] EWHC 2367;
  • Guardian News and Media Ltd [2010] UKSC 1, [2010] 2 WLR 325;
  • Hays plc v Hartley [2010] EWHC 1068;
  • Hirschfield v McGrath [2011] EWHC 249;
  • Horrocks v. Lowe [1975] A.C. 135, 149;
  • Human Rights Act 1998;
  • Independent News and Media v A [2010] EWCA Civ 343;
  • Islam Expo v The Spectator [2010] EWHC 2011;
  • Jameel v Dow Jones & Co Inc [2005] QB 946;
  • JIH v News Group Newspapers [2010] EWCA Civ 42 (31 January 2011);
  • Kaschke v Gray, Hilton [2010] EWHC 1907;
  • Kearns v General Council of the Bar [2003] 1 WLR 1357;
  • Khader v Aziz, [2010] EWCA Civ 716;
  • KJH v HGF [2010] EWHC 3064;
  • McKeown v Attheraces [2011] EWHC 179;
  • MGN v UK (Application No 39401/04) (18th Jan 2011);
  • Murray v Express Newspapers Plc [2009] Ch 481;
  • Pink Floyd Music v EMI Records [2010] EWCA Civ 1429;
  • POI v. The person known as “Lina” [2011] EWHC 25;
  • Re Guardian News and Media [2010] UKSC 1 (January 2010);
  • Re Jane (A Fictitious Name) (A Child) [2010] EWHC 3221;
  • Ronaldo v Telegraph Media Limited [2010] EWHC 2710;
  • Saaristo v Finland (Application No 184/06) (12th October 2010);
  • The London Borough of Hillingdon v Steven Neary, by his litigation friend, the Official Solicitor, and Mark Neary [2011] EWHC 413;
  • TUV v Persons Unknown [2010] EWHC 853 ;
  • Underhill v Corser [2010] EWHC 1195;
  • Wood v Chief Constable of West Midlands Police [2005] EMLR 20;
  • Woodbridge v Stapleton (Unreported, 20 January 2011);
  • XJA v News Group Newspapers Ltd [2010] EWHC 3174 (QB).
Tags:

In this two part CPDcast series, Jane Phillips from One Brick Court discusses case law developments in Defamation and Privacy. This podcast will discuss recent trends and issues arising in Defamation cases and developments in Privacy, including the recent focus on anonymity and super injunctions.

Podcast added: 07/06/11

Podcast last reviewed: 2012-04-02

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