header-logo header-logo

28 April 2016 / Amber Melville-Brown
Issue: 7696 / Categories: Opinion
printer mail-detail

You can’t always get what you want...

nlj_7696_comment

Amber Melville-Brown navigates a strange new world for media lawyers

The game of King Canute is not one that the Court of Appeal was happy to play in PJS v News Group (celebrity injunction) . In the first verse of what is becoming a fairly lengthy legal ballad, the court had previously overturned a first instance decision and required that the privacy and the identity of the individuals concerned in this now highly publicised privacy case be preserved. But come verse two, and the court discharged its previously ordered privacy injunction; not because it considered that the privacy rights of the claimant were outweighed by the free speech rights of the defendant, but because the private information was now so widely talked about that it was hardly private at all (see [2016] EWCA Civ 393).

A tide of private information about the couple crashed onto our shores, in publications from over the borders in Scotland and Ireland and the US; and the Supreme Court, now asked to consider the issue, will presumably have felt similarly engulfed.

Choppy media waters

In PJS

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll