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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Following the Court of Justice of the European Union decision in the now notorious “Google Spain” case, Google, and other search engine operators, have set up processes to deal with request by individuals to have URL links removed from search results against the individual’s name. Individuals are entitled to have URL links removed where, in summary, the link has an unwarranted and negative impact on an individual’s privacy – and this is judged by reference to information contained on the website which the link leads to.
In the recent case of BRUNO LACHAUX v INDEPENDENT PRINT LTD : BRUNO LACHAUX v EVENING STANDARD LTD : BRUNO LACHAUX v AOL (UK) LTD [2015] EWHC 2242 (QB), Justice Warby sitting in the High Court of Justice considered the meaning of the Defamation Act 2013 s.1(1), and confirmed that libel is no longer actionable without proof of damage. Where “serious harm” is found, the subsequent damage to reputation cannot be merely presumed but must be properly proven.
There has been much debate over the past few years about the extent to which high net worth individuals have a right to keep their financial affairs private. This has been a particularly thorny issue in respect of alleged tax avoiders. It is a debate that is unlikely to go away any time soon.
In April this year an urgent application was made on behalf of two individuals for an injunction to prohibit publication by the defendant, the publisher of the Daily Mail, of what they claimed to be private and confidential information about them.
In 2012 Peter Cruddas, former Conservative Party co-treasurer, commenced proceedings against the Sunday Times for defamation and malicious falsehood following the publication of a series of articles about him. The meaning of the words complained of were determined as a preliminary issue in 2013 and the natural and ordinary meanings were found to be as Mr Cruddas had alleged (see my previous blog Defamation & Malicious Falsehood – discussing the Peter Cruddas case – part 1).
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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