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This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be ...
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.
Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher court...
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In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
The Joint Committee on the Draft Defamation Bill welcomes many of the reforms proposed in the draft Bill. However, the report proposes many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles. The Government's proposals do not do enough to address the key problems in defamation law - the "unacceptably" high costs which make access to justice difficult for many. The Committee proposes a series of reforms aimed at ensuring that disputes are generally resolved rapidly by m...
This green paper launches a public consultation across the UK. The Government intends to involve all parts of society in discussions about the fundamental arguments for and against a new Bill of rights and responsibilities as well as the advantages and disadvantages of the individual components of any such Bill.
This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is ...