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26 July 2018 / Athelstane Aamodt
Issue: 7803 / Categories: Opinion , Freedom of Information
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Privacy matters

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Sir Cliff’s victory will not end the tug of war between press freedom & the rights of individuals, says Athelstane Aamodt

The judgment of Mann J in the case of Sir Cliff Richard v The BBC & The Chief Constable of South Yorkshire Police [2018] EWHC 1837 (Ch) was set to be a hugely pivotal decision in the continual tug-of-war between press freedom and the rights of individuals, and so it proved to be. The judge’s ruling, that the BBC’s coverage of the search of Sir Cliff’s property in Berkshire by South Yorkshire Police in 2014 infringed his right to privacy, and that he is entitled to £210,000 in general damages (the special damage will be assessed later) will have a marked influence on what the press can and cannot say about the investigation of a suspect before arrest. But what will be the extent of that effect? And does this case, as some sections of the press have alleged, really take us down a dark road of unscrutinised police investigations and secrecy?

  • The first thing to say about Mann J’s ruling is that it cannot
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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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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