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Bull v Desporte – no public interest in a “kiss and tell”
Donna Desporte wrote a book about her relationship with a lottery winner, Gareth Bull, and the High Court found that further publication would be a misuse of private information. The book revealed private information, including details of their sexual relationship, his relationship with his former wife, his children and his physical health. …July 23, 2019 -
Reputation Update: Sir Cliff Richard launches Petition seeking anonymity before charge
On 1 July 2019 Sir Cliff Richard (a longstanding Simkins client) helped launch a Petition seeking anonymity for those accused of sexual offences until charge. It is important to note that the Petition, which is available online (click here), includes a carve-out allowing for the lifting of anonymity in exceptional…July 4, 2019 -
Wolves logo – wandering origin story doubted by High Court
An amateur designer, Peter Davies, has claimed copyright infringement against Wolverhampton Wanderers FC, alleging that a design he entered into a competition in the early 1960s was copied by Ian Jackson, who designed a new logo for the club in 1979, and then by Jonathan Russell, who redesigned the Wolves logo in…July 3, 2019 -
Reputation update: Supreme Court clarifies “serious harm” test in landmark Defamation Act judgment
The long-awaited judgment of the Supreme Court in Lachaux v Independent Print Ltd & Another [2019] UKSC 27 was handed down on 12 June 2019. The Supreme Court rejected the media defendants’ appeal (albeit for different reasons to the Court of Appeal). The focus of both appeals was the meaning…June 17, 2019 -
OFCOM FINDS PREMIUM RATE TELEPHONY COMPETITION IN BREACH
Ofcom found a controlled premium rate telephony service competition in breach of Rule 9.27 of the Ofcom Broadcasting Code since the service was not sufficiently derived from the programmes it was being promoted from. Business impact Broadcasters who wish to promote products or services (including controlled premium rate telephony services)…June 4, 2019 -
REPUTATION UPDATE: SERAFIN V MALKIEWICZ & OTHERS
On 17 May 2019, the Court of Appeal handed down a judgment in which the decision of the court at first instance has been reversed. The appeal was brought by Polish businessman Jan Serafin following the dismissal of his claim for libel in respect of an article which he asserted…May 31, 2019 -
REPUTATION UPDATE: SUPREME COURT SHEDS LIGHT ON HOW TO INTERPRET DEFAMATORY WORDS IN THE AGE OF SOCIAL MEDIA
Following an acrimonious divorce, Mrs Stocker wrote on Facebook of Mr Stocker, “he tried to strangle me”. The question before the Supreme Court was how the ordinary reasonable reader would construe the words, in light of the medium by which they were communicated: Facebook. Their conclusion was that the words meant…May 23, 2019 -
REPUTATION UPDATE: PRIVACY DAMAGES UPHELD FOR COUPLE EVICTED ON CAN’T PAY? WE’LL TAKE IT AWAY
In April 2019, the Court of Appeal upheld an award of a total of £20,000 in damages for misuse of private information to a couple whose eviction was included in an episode of Channel 5’s Can’t Pay? We’ll Take It Away. While the Court of Appeal recognised that other judges…May 17, 2019 -
DISTRIBUTOR NOT LIABLE FOR SECONDARY INFRINGEMENT OF COPYRIGHT IN EMINEM ALBUM
In FBT Productions LLC v Let Them Eat Vinyl Distribution Ltd the High Court has found a record company liable for primary infringement of another label’s copyright in Eminem’s first album, Infinite. Yet the related distributor was not found liable for secondary infringement under section 23 of the Copyright, Designs and Patents…May 14, 2019 -
EMPLOYMENT DEPARTMENT – SPRING BRIEFING – MAY 2019
Welcome to the Spring Employment Newsletter May 2019. In this edition we look at: EMPLOYMENT COMPENSATION CHANGES SUSPENSION PENDING INVESTIGATION: A BREACH OF TRUST AND CONFIDENCE? SHOULD HOLIDAY PAY INCLUDE OVERTIME PAYMENTS? _________________________ If you would like to discuss any of the points raised, please get in touch with a member…May 14, 2019