Blog
Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
22 March 2013
Defamation defence: honest comment or statement of fact?
“Honest comment” on a matter of public interest is one of the principle defences to an action for defamation (the others being justification (i.e. truth), absolute and qualified privilege). The defence of honest comment (or fair comment as it used to be known) reflects the protection that English law affords to an honest person who expresses an opinion, however “prejudiced, exaggerated or obstinate” that view may be. Aside from the requirement that the comment must be on a matter of public interest, it must also be based on facts which are true and the comment must be recognisable as comment as distinct from an imputation or statement of fact. A statement of fact which is not true and tends to make people think worse of a person or exposes him or her to ridicule, may well be defamatory.
8 March 2013
Are Civil Law Remedies being under used by victims of fraud?
In a recent press release in December 2012, the independent fraud watchdog the Fraud Advisory Panel commented that the legal system in the UK was effectively fighting fraud with one hand tied behind its back by under-valuing and under-utilising the civil remedies that are available to victims of fraud.
22 February 2013
After months of debating, will the Defamation Bill ever get its eagerly anticipated debut?
The Defamation Bill (the “Bill”) has been the subject of debate for over 9 months, after having had its first House of Commons reading on 10 May 2012. The Bill is due to get its Third Reading at the House of Lords on 25 February 2013, which is the last stage for it to be amended. Following this, it will be sent back to the House of Commons for consideration of any amendments before being passed on to receive Royal Assent.
14 February 2013
Celebrity photographs in public places - where is the privacy line?
Another week, another set of bikini clad pictures of Kate Middleton on a beach. It again raises the question: what is a reasonable level expectation of privacy for celebrities in respect of photographs taken of them when they are out and about in public.
28 January 2013
High Court considers the perimeters of disclosure under audit clause
In the recent case of Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC), the High Court considered the extent to which a supplier must disclose information pursuant to an audit clause under a contract for the supply of goods and services.
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