Category: Article 10 | Freedom of Expression
1 April 2010 by Adam Wagner
British Chiropractic Association v Dr Singh [2010] EWCA Civ 350
(Read judgment)
Dr Simon Singh has won the first battle in the libel action, brought by the British Chiropractic Association (BCA), in the Court of Appeal. Dr Singh was sued by the BCA in respect of an article he wrote in The Guardian in April 2008, in which he said there was not enough evidence to prove that chiropractic treatment is effective against certain childhood conditions including colic and asthma.
Mr Justice Eady ruled against Dr Singh in May 2009 in relation to two important preliminary issues. Dr Singh appealed to the Court of Appeal, and Lord Judge, Lord Neuberger and Lord Justice Sedley were asked to rule on the preliminary points relating to possible defences.
The Court has used the opportunity to mount a robust and somewhat lyrical defence of the right to freedom of expression.
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1 February 2010 by Adam Wagner
There was significant media attention over the weekend on the imposing and then lifting of a so-called ‘super injunction’ against press coverage of Chelsea footballer and England Captain John Terry’s alleged extra-marital affair. Mr Justice Tugendhat reversed a previous decision to impose the injunction (read judgment). Super injunctions not only block publication of the details of the case, but also any mention of the case existing at all. This morning’s Guardian asks whether this decision could be the beginning of the end for the super injunction:
Article 8 of the European Convention on Human Rights enshrines the right to privacy. But Index on Censorship is concerned that this right is increasingly used as a pre-emptive alternative to a defamation suit. In some ways, a superinjunction works better than a libel suit: after all, in libel cases, the allegations must be published first, and there is a chance (though only slight) that the litigant may actually lose.
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19 November 2009 by Rosalind English
(1)Novartis Pharmaceuticals Uk Ltd (2) Andrew Roy Grantham v (1) Stop Huntingdon Aminal Cruelty (SHAC) by its representative Max Gastone (2) Greg Avery (3) Natasha Avery (4) Heather James [2009] EWHC 2716 (QBD)
Sweeney J 30 October 2009
An injunction against animal rights protesters could not be altered to increase the restriction on their protest without a disproportionate interference with the protesters’ rights under Articles 10 and 11 of the Convention.
Click below for summary and comment by Rosalind English or here to read the full judgment
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