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  • The Supreme Court’s JR38 judgment
    — in a few sentences

    Carl Gardner
    July 1, 2015

    In the JR38 case, the Supreme Court today dismissed the appeal of a young man who’d argued that his article 8 Convention right to respect for private life was breached where newspapers published, on the police’s request, photos of him apparently […]

    Tags: bitesize, human rights, private life, UK Supreme Court
  • Supreme Court: Publication of child rioter’s photo doesn’t interfere with private life

    Carl Gardner
    July 1, 2015



    In the JR38 case, the Supreme Court today unanimously dismissed the appeal
    of a young man who’d argued that his article 8 Convention right to respect for private life was breached […]

    Tags: human rights, private life, UK Supreme Court
  • The Leveson Royal Charter deal

    Carl Gardner
    March 23, 2013

    Just before Lord Justice Leveson reported in November, I wrote in support of statutory press regulation:

    Only legislation can require newspapers to submit even to their own enforcement of their own code …

    What statute – and no other arrangement – […]

    Tags: constitution, freedom of expression, government, media law, parliament, private life
  • Craig Murray’s Newsnight outburst: the law on anonymity should be tightened

    Carl Gardner
    August 21, 2012

    Last night on the BBC’s Newsnight, Craig Murray, the former British ambassador to Uzbekistan, named one of the women whose evidence has led Swedish prosecutors to seek the extradition of Julian Assange.

    I agree with those who think this was […]

    Tags: attorney general, crime, eu law, freedom of expression, legislation, media law, private life
  • Spelman injunction lifted

    Carl Gardner
    February 24, 2012

    Jonathan Spelman, the 17-year-old rugby international and son of cabinet minister Caroline Spelman, obtained an injunction earlier this month restraining Express Newspapers – specifically, the Daily Star Sunday – from publishing information about him which, it was argued on […]

    Tags: freedom of expression, human rights, media law, private life
  • Strasbourg emphasises subsidiarity in freedom of expression rulings

    Carl Gardner
    February 14, 2012

    Last week the European Court of Human Rights handed down two important rulings in media privacy cases, Von Hannover v Germany (No. 2) and Axel Springer AG v Germany. These cases, in both of which the Court favoured […]

    Tags: ecthr, freedom of expression, human rights, media law, private life
  • David Allen Green at the privacy and injunctions committee

    Carl Gardner
    November 15, 2011

    Yesterday the joint committee of the Lords and Commons on privacy and injunctions took evidence from bloggers including not only the notorious Guido Fawkes, but I’m pleased to say my old Without Prejudice colleague and leading law blogger

    Tags: human rights, injunctions, media law, parliament, private life
  • Supreme Court judgment: R (MacDonald) v Kensington & Chelsea

    Carl Gardner
    July 7, 2011

    Because of bladder problems, Elaine McDonald needs to go to the toilet several times during the night; and because of mobility problems, she can’t get there safely on her own. Kensington & Chelsea have decided that her needs can be […]

    Tags: judicial review, local government, private life, social care, UK Supreme Court
  • Without Prejudice

    Carl Gardner
    May 27, 2011

    In this week’s Without Prejudice podcast, Financial Times General Counsel Tim Bratton joins Charon QC, David Allen Green and me to talk about:

    • contempt of court in the week Twitter typed two fingeredly to the courts
    • privacy law, […]
    Tags: charon qc, freedom of expression, human rights, injunctions, media law, podcasts, private life
  • Hemming does his worst

    Carl Gardner
    May 23, 2011

    As I think readers will surely know by now, John Hemming MP used Parliamentary privilege today to name the footballer whose anonymity is protected in this privacy case by an injunction, which the High Court decided earlier today […]

    Tags: attorney general, freedom of expression, human rights, injunctions, media law, parliament, private life
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