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31 July 2008
Issue: 7332 / Categories: Legal News , Human rights
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Mosley ruling will shackle free speech

Legal news

The High Court ruling that the News of the World (NoW) breached the privacy of F1 boss, Max Mosley, when it ran a story claiming that a sadomasochistic orgy he took part in had a Nazi theme, has “clapped legitimate investigative journalism in irons”, says media lawyer Mark Stephens.

Mr Justice Eady ruled that Mosley “had a reasonable expectation of privacy in relation to sexual activities (albeit unconventional) carried on between consenting adults on private property”.

There was no evidence, the judge said, that Mosley’s romp with five women “was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes”, as intimated by the NoW.

The NoW faces a legal bill of almost £1m after the judge ordered it to pay damages and Mosley’s legal costs, plus its own.

Stephens, head of media at Finers Stephens Innocent, says: “Mr Justice Eady’s judgment makes a clear and unequivocal finding that there were no Nazi overtones to the S & M ‘scene’ captured on film by the NoW. This leaves the media trembling as Mr Mosley now threatens to wield the libel cane over the rest of the media who followed the NoW into this story. The name Mosley now, it seems, will be uttered in the same breath as McCann and Murat,” he adds.
 

Issue: 7332 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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