The Bussey Law Firm PC & Anor v Page  EWHC 563 (QB) – read judgment
The facts of this case are simple. A defamatory comment was posted on the claimant’s Google maps directional page, implying that he was a “loser” as a lawyer and that his firm lost “80%” of cases brought to them. The defendant claimed that someone must have hacked in to his own Google account to put up the post.
There were jurisdictional complications in that the firm is situated in Colarado but these need not concern us here as Sir David Eady, sitting as a High Court judge, allowed the trial to go ahead in England. The real question was why any third party would have gone to the trouble of hacking into the defendant’s Google account in order to post the offending review; if the objective were merely to hide the hacker’s identity from the claimants, there would be the simpler option of setting up an anonymous Google account. This would in itself render the would-be publisher untraceable, and especially if it were done from a public computer. Continue reading
A healthcare NHS Trust v P & Q  EWCOP (13 March 2015) – read judgment
The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.
This case concerned a man, P, who as a result of a major cardiac arrest in 2014, has been on life support for the past four months. Medical opinion suggests that he is unlikely ever to recover any level of consciousness, but his family disagrees strongly with this position. The Trust therefore applied to the Court for a declaration in P’s best interests firstly, not to escalate his care and secondly to discontinue some care, inevitably leading to his demise. The trust also applied for a reporting restrictions order. When it sought to serve that application on the Press Association through the Injunctions Alert Service, the family (represented by the second Continue reading
Let’s apply some hard history to the 13th century charter governing the obligations flowing between King John and his barons, or at least read the thing (translation here). So says Lord Sumption in a fascinating address to Friends of the British Library on 9 March.
All sides jockey for position at the Magna Carta shrine, but its significance is entirely due to the myth-making tendencies of the seventeenth century politician and judge Edward Coke. Since he plucked the charter quite clean of its historical context, the claims made in its name are extraordinary and downright self-serving:
In his column in the Daily Telegraph, Peter Oborne recently described the European Convention on Human Rights as a “document which entrenches the principles of Magna Carta in international law.” Others have come forward to suggest that the partial abrogation in 2014 of a legal aid system which was first created in 1949 was contrary to Magna Carta. Recently, a Global Law Summit in London, which was essentially an international marketing opportunity for British lawyers, described itself on its website as “grounding the legacy and values of Magna Carta in a firmly 21st Century context.
Sumption is not against liberty of the subject, nor motherhood and apple pie, nor even international marketing opportunities for lawyers, but he does have a problem with “the distortion of history to serve an essentially modern political agenda.” Continue reading
CG v Facebook Ireland & Another  NIQB 11 (20 February 2015) – read judgment
The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.
He resides with his father, who is disabled, and with his adult children one of whom is also disabled. He was particularly fearful of the reactions of others to his conduct in the light of the fact that his name had been published on the internet. I have posted on an earlier case where another former sex offender won an injunction against Facebook Ireland Limited in respect of the original KOKSFP, which was subsequently taken down (XY v Facebook Ireland Ltd  NIQB 96). Continue reading
Geller and another, R (on the application of) v The Secretary of State for the Home Department  EWCA Civ – read judgment
This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.
The applicants were two well-known US writers whose critical views of Islam led to them being prevented from entering the country in May 2013, to speak at a rally in the aftermath of the terrorist murder of Drummer Lee Rigby. An exclusion order was issued against them on grounds of public order, of which they sought judicial review. This was their appeal against the Immigration Tribunal’s refusal to allow them to proceed with the judicial review claim. Continue reading
Carter v. Canada (Attorney General), 2015 SCC 5 (CanLII) 6 February 2015 – read judgment
The Supreme Court of Canada has upheld a challenge to the constitutionality of the prohibition on assisted dying, saying that since they last ruled on this issue in the 1993 case of Rodriguez (where a “slim majority” upheld the prohibition), there had been a change in the circumstances which “fundamentally shifted the parameters” of this debate.
The Court issued a declaration of invalidity relating to those provisions in the Canadian criminal code that prohibit physician assisted dying for competent adults who seek such assistance as a result of a “grievous and irremediable” medical condition that causes “endurable and intolerable” suffering. These laws should be struck down as depriving those adults of their right to life, liberty and security of the person under Section 7 of the Canadian Charter of Rights (The Constitution Act 1982)
Importantly, the court recognised what has long been proposed by campaigners on both sides of the Atlantic, that the prohibition deprives some individuals of life, as it has the effect of forcing people to take their own lives prematurely, for fear that they would be incapable of doing so when they reached the point where suffering was intolerable. Continue reading
BB, PP, U and others v Secretary of State for the Home Department  EWCA Civ 9 (23 January 2015) – read judgment
This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.
The appellants had resisted attempts by various home secretaries to deport them via protracted litigation over several years. Despite several findings by the SIAC that their human rights would not be infringed in Algeria, doubts remained, particularly with regard to the period of up to twelve days of initial detention in Algeria, known as “garde a vue” detention, in a barracks run by the Algerian security services (DRS). The purpose of such detention was to interrogate prisoners to obtain evidence for future proceedings. SIAC had wholly accepted the evidence of an innocent British citizen (AB) detained there in a case of mistaken identity as “punitive in the extreme”, but determined that his treatment showed a lack of care over the detainee’s welfare rather than a breach of his human rights. It had conceded that the treatment of the appellants might well be no better, not least because DRS officers considered such treatment to be consistent with respect for human dignity.
The appellants submitted that, in the light of this, SIAC’s conclusion that their treatment would not violate Article 3 of the Convention was legally unsustainable; that SIAC had erred in law in its findings that the Algerian government’s assurances were capable of independent verification; and that the SIAC had also erred in law in maintaining, without any open evidence in support, that the DRS had been present during discussions about those assurances and had subscribed to them.
The Court of Appeal upheld the appeals. Continue reading