Dispute Resolution Law Blog

15 August 2014

Defamation claimants won’t get the “benefit” of the doubt under new law

Since implementation of the new Defamation Act 2013 earlier this year, legal commentators have been anxiously awaiting the first judgments on the new provisions. Will they provide us with clarity? 

5 August 2014

Legal update: Businessman granted leave to serve injunction proceedings on Google out of the jurisdiction

Last Thursday, in the case of Hegglin v Google Inc. & ORS (2014) QBD, the High Court  granted a businessman leave to serve proceedings under the Data Protection Act 1998 out of the jurisdiction on Google, seeking injunctive relief in respect of defamatory comments posted on websites by an anonymous individual. 

5 August 2014

Legal update: Supreme Court dismisses appeal against decision giving principal a proprietary claim over bribe or secret commission

In the case of FHR European Ventures LLP & ORS v Cedar Capital Partners LLC [2014] UKSC 45, the Supreme Court has held that where an agent received a bribe or secret commission in breach of his fiduciary duty to his principal, he held that bribe or secret commission on trust for his principal, meaning that the principal had a proprietary claim to it.

5 August 2014

Revenge porn – no need to change the law

Last week’s report of the House of Lords Communications Committee has once again highlighted the increasing problem of “revenge porn”.  Revenge porn arises when persons, often ex-partners, post sexually explicit pictures and videos on websites and social media networks to try to embarrass and humiliate the ex-partner following a break-up.

We have addressed the question of online abuse and harassment in a previous blog – “Anti Social Media: how the Law can Tackle Online Abuse and Harassment”.

1 August 2014

Illegal search and seizure outside the US? A customer’s emails stored in Ireland must be disclosed to US government investigators

A New York Court has held that Microsoft Corp must disclose to investigators the content of an unidentified customer’s MSN.com web based email account stored in a data center in Ireland that it controls and maintains to the US government in the context of an investigation. As the US District Judge upheld the Federal Magistrate’s decision, Microsoft, which argued that this was an illegal search and seizure of customer information held outside the US, lost its challenge to the US government search warrant. Microsoft has already indicated its intention to appeal.