Monthly News Archives: February 2011

Case Law: JIH v News Group Newspapers, anonymity regained – Edward Craven

1 February 2011 by Guest Contributor

The Court of Appeal yesterday handed down judgment in the case of JIH v News Group Newspapers Ltd ([2011] EWCA Civ 42). In allowing the appeal against the order of Tugendhat J ([2010] EWHC 2818 (QB)) the Court ordered that the claimant’s anonymity should be restored.

Although the Court stressed that each decision is fact sensitive, this approach seems likely to be followed in most types of privacy injunction cases. This eagerly awaited decision adds to the growing body of case law concerning reporting restrictions where an injunction has been granted to restrain publication of information about a claimant’s private life.

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Fair trial rights in Licensing Proceedings

1 February 2011 by Rosalind English

R on the application of Hope and Glory Public House v City of Westminster Magistrates Court [2011] EWCA Civ 31  Read judgement

It was not unfair in terms of Article 6 to require of a party aggrieved by a licensing decision to bear the responsibility of persuading the court hearing the appeal that the original decision was wrong.

This appeal raises a question about how a magistrates’ court hearing an appeal from a decision of a licensing authority under the Licensing Act 2003 (“the Act”) should approach the decision.

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