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Privacy Injunctions and the Media

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Privacy Injunctions and the Media Privacy Injunctions and the Media A Practice ManuaL lain Goldrein QC MA (Cantab) Recorder; Visiting Proj(essor (The Sir Jack Jacob Chair) in Litigation: Nottingham Law School; Companion of the Academy of Experts; Fellow of the Royal Society of Arts; Fellow of the Institute of Advanced Legal Studies; Council Member: International Institute oj'Experts (Hong Kong); Editorial Board: Civil Court Practice; Advisory Editor: Hong Kong Civil Procedure assisted by Richard Brant LLB (Hons 1st Class) • II ~\ ~ T' OXFORD AND PORTLAND. OREGON 2012 Contents Foreword Vll Preface IX User :s' Guide XVI Table of Cases XXI Table o.f Legislation XXXV Part 1 Primary source material and legal principles Part 2 Applicant practice management: Article 6 derogations from open justice 27 Part 3 The interaction of Articles 8 and 10 49 Part 4 Proportionality 75 Part 5 Practice principles underpinning an Article 8 application 103 Part 6 Case management for Article 8 applications 115 Part 7 Applicant proceedings checklist up to (but not including) servIce 147 Part 8 Service checklist for applicants 161 Part 9 Defence practice points in response to an Article 8 application 171 Part 10 Quality control checklist for the courtroom 183 Part 11 Journalist's checklist 193 Part 12 Harassment and the media 197 Part 13 Derogation from open justice and claims by children for approval of large personal injury awards 227 Part 14 Reporting restriction orders in the Family Division 229 Part 15 Template model statement 331 Part 16 Mediation 341 Part 17 Practice Guidance: Interim Non-Disclosure Orders 359 Part 18 Examples of orders from the cases (and a model notice of application) 379 Part 19 Civil Procedure Rules 391 Part 20 Codes of Practice 457 Part 21 Key words highlighted in the Case Digest (and specifically indexed) 463 Part 22 Case Digest 465 Case Digest Keywords Concordance 1155 Index 1159 xx TabLe of Cases A (A minor) & Others v A Health & Social Services Trust [2010] NIQB 108 897, 931 A, Band C v Ireland [GC], no 25579/05, § 232, 16 December 2010, BALLI!: [2010] ECHR 2032 1024 A, Re (Fam, 15/16 June 2001) 1067 A v A, B v B [2000] 1 FLR 701 305 A vB & C (Flitcroft v MGN Ltd) [2002] EWCA Civ 337; [2003] QB 195 125, 141-2, 179,506-15,521,535,543,565,582,585,596,598,608, 610, 614, 629, 634-5, 637-9, 645, 650,691,789,933,1067,1137,1148,1150 A vB, C, & D [2005] EMLR 26; [2005] EWHC 1651 (QB)38, 53, 55, 57, 73,179,464,563-73 A v M (Family Proceedings: Publicity) [2000] I FLR 562 315,478-9 A v United Kingdom 35373/97 [2002] ECHR 811; (2003) 36 EHRR 51 54, 483-4, 842, 895, 897, 1099 ABC Ltd v Y [2010] EWHC 3176 366 Abdulaziz, Cabales and Balkandali v United Kingdom, 28 May 1985, BAILII: [1985] EHRR 47, Series A no 94 1024 Abrams v United States (1919) 250 US, 616 211, 481 ADT v United Kingdom, no 35765/97, BAILlI: [2000] ECHR 402, ECHR 2000-IX 1024 AF Noonan (Architectural Practice) Ltd v Boumemouth and Boscombe Athletic Community Football Club Ltd [2007] EWCA Civ 848; 1 WLR 2614 305 AG v Greater Manchester Newspapers [2001] EWHC QB 451 109, 169,654 AG v Guardian Newspapers Ltd (No 2) [Spyeatcher] [1988] UKHL 26, [1990] lAC 109 .49, 1, 82, 123, 174, 211, 241, 467, 469, 478, 481, 486, 494, 510, 534, 543-4, 564, 569, 594, 601, 632,647,651,667,692,696, 698, 70~ 1047-8, 1055, 1089, 1102 AG v Leveller Magazine Ltd [1979] AC 440 295-6, 302, 913, 941-2 AG v Newspaper Publishing pic, The Times, 28 February 1990 155, 495, 989-91 AG v Newspaper Publishing pic [1988] Ch 333 ..... 154-5, 181, 381, 492, 494, 829-30, 942, 989, 1053 AG v Observer Ltd [1990] I AC 109 14, 63 AG v Punch Ltd [200 I] QB 1028 989 AG v Punch Ltd [2002] UKHL 50; [2003] 1 AC 1046 .. 151-2, 154, 179, 381, 491-506, 874, 884 AG v Steen [2001] EWCA 403 73 AG v Times Newspapers Ltd [1992] 1 AC 191 24, 155, 492, 494-5, 497-9, 989 AG v Times Newspapers Ltd and Others [2001] EWCA Civ 97, [2001] 1 WLR 885 159, 466-75,503,563,650, 1047 AG's Reference No 3 of 1999: Application by the BBC to set aside or vary a Reporting Restriction Order [2009] UKHL 34; [2009] 3 WLR 142; [2010] 1 AC 145 19, 77, 79,128, 143,176-7,738-43,814,819,821,838,892,929,993,1095 Airey v Ireland 2 EHRR 305 .483 AI-Fagih v HH Saudi Research & Marketing (UK) Ltd [2002] EMLR 13 681 AI-Qaida and Taliban (United Nations Measures) Order 2006 810-11, 823 Albert (Prince) v Strange (1849) I Mac & G 25; 64 ER 293; (1849) 2 De G & Sm; [1849J EWHC Ch 120 xiv. 10.57.593.698 AM (Somalia) v Entry Clearance Offieer [2009J EWCA Civ 634 806 Amann v Switzerland [GC]. no 27798/95. ECHR 2000-11. 30 EHRR 843 561. 760 Ambrosiadou v Coward [20 II J EWCA Civ 409 2. 28-9. 33. 45. 62, 151. 153-4. 360, 1042 American Cyanamid v Ethicon Ltd [1975J AC 396 23. 488-9, 497. 508. 619-20.622,626. 1006-7 AMM v HXW [2010J EWHC 2457 (QB) 28. 68. 360. 873. 877, 923. 962. 966 Archer (Lady) v Williams [2003J EMLR 38 718 Argyll (Duchess) v Argyll (Duke) [1967J I Ch 302 II. 695. 865, 977 Armonienc v Lithuania, no 36919/02. 25 November 2008, BAILII: [2008J ECHR 1526 13. 1012. 1024. 1026. 1028 Artico v Italy. judgment of 13 May 1980. Series A no 37 561 ASG v GSA [2009J EWCA Civ 1574 12.21.23-4,31,41. 104. 149-50. 162. 165. 189, 362,787-91.858,887,911, 1046 Ash v McKennitt [2006J EWCA Civ 1714; [2007J EMLR 113 5, 7-8, 10--11. 20. 41. 43. 45.56-7,59,61-2.67.69-70.81-2,88,121-3.127.141. 147. 171. 173.627-42 Ashley v Chief Constable of Sussex [2008J 2 WLR 975 719 Assicurazioni Generali SpA v Arab Insurance Group [2003J I WLR 577 694 Associated Newspapers Ltd v HRH Prince of Wales [2006J EWCA Civ 1776 [2008J 10. 12. 56.81-3. 123, 126, 134, 141, 174.656-60.835 Aubry v Les Editions Vice-Versa Inc [1998] I SCR 591... 547-8,551.600-1.709.765 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (200 I) 185 ALR I 509. 536. 542, 597. 727-9 Author of a Blog v Times Newspapers Ltd [2009J EWHC 1358 (QB) 11. 24. 35. 61. 63.71-3,82,103-4.116,123,135,138.145.744-52 B, Re (A Child) (Disclosure) [2004] EWHC 411 (Fam); [2004J 2 FLR 142 298. 307. 313 B. Re (Care Proceedings: Standard of Proof) [2008J UKHL 35 267 B, Re [2007] EWHC 1622 (Fam); [2008] I FLR 482 314 B, Re [2008] EWHC 270 (Fam) [2008] 1 FLR 1460 314 B v France. judgment of 25 March 1992. Series A no 232-C .491 B v United Kingdom [200 I] 2 FLR 261; [2002J 34 EHRR 19 266. 298 BA (Nigeria) v Secretary of State for the Home Department [2009] UKSC 7; [2009] 3 WLR 1253 806 Bacon v Automattic Inc, Wikipedia Foundation and Denver Post LLC [2011] EWHC 1072 (QB) 117 Barrymore v News Group Newspapers Limited [1997] FSR 600 12.83. 122, 1063. 1066 BBC v HarperCollins Publishers Ltd and others [20 10] EWHC 2424 970 BBC v Rochdale MBC and X and Y [2005] EWHC 2862 (Fam). [2007J I FLR 101 66, 246 BCD v Goldsmith [2011] EWHC 674 (QB) .42. 44.117,149,155-6.158-60,162.188. 190-1.364 Beese & Others v Woodhouse & Others [1970]1 WLR 586 105 Bell-Booth Group Ltd v Attorney-General [1989J 3 NZLR 148 624 Beloff v Pressdram Ltd [1973] I All ER 241 50, 706 Bensaid v United Kingdom Bensaid v United Kingdom [2001]33 EHRR 10 4-5,64.237. 490-1, 524. 759. 992-3 xxii Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39, [2009] AC 115 1038 Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] I QB 479 96 Bestobell Paints Ltd v Bigg [1975] FSR 421 171 Biriuk v Lithuania, no 23373/03, 25 November 2008, BAILIl: [2008] ECHR 1528 1013 B1M v Eyre and Others [2010] EWHC 2856 (QB) 228 BKM v BBC [2009] EWHC 3151 (Ch) .... 19, 21-2, 24,118,120,129,143,151,178-9,791-805 Black-Clawson International Ltd v Papierwerke-Asehatfenburg AG [1975] AC 591 623 Black v Yates [1992] QB 526; 4 All ER 722 926 Blackshaw v Lord [1984] QB I 680 Bladet Troms0 and Stensaas v Norway [GC], no 21980/93, BAILll: [1999] ECHR 29, ECHR 1999-111 472, 558,1025 Blair v Associated Newspapers Ltd. QBD, 10 March 2000 1089 Bloomsbury Publishing Group and lK Rowling v News Group Newspapers [2003] EWHC 1205 (Ch); [2003] 1 WLR 1633 110, 150,651-2,854 Bonnard v Perryman [1891] 2 Ch 269.99, 106, 171-2, 219-20, 463, 604, 616, 618-22, 624, 626, 636, 829, 842-3, 846, 852, 855, 966 Bonnick v Morris [2002] UKPC 31; [2003]1 AC 300 93, 686, 716, 840 Botta v Italy (1998) 26 EHRR 241 483, 524, 556, 558 British Steel Corporation v Granada Television [1981] AC 1096 61 I, 702 Broadcasting Corp of New Zealand v Att-Gen [1982] I NZLR 120 941 Browne of Madingley (Lord) v Associated Newspapers Ltd [2007] EWCA Civ 295; [2008J QB 103 7,28-9,38,43,46-7,50,52,62,67,77,81-2, 118, 123, 125, 139, 153, 168,360,380,688-97,788,856,865,888,911, 1035-6, 1046, 1080, 1082, 1120, 1139 Burghartz v Switzerland (1994) 18 EHRR 101 65, 491, 556, 739, 759-60 C, Re (A Minor) (unreported) 15 March 1990 475 C, Re (Adult Patient: Publicity) [1996] 2 FLR 251 287 C, Re (unreported) 15 March 1990 477, 479 C Pic v P (AG intervening) [2008] Ch I 1053 Cambridge Nutrition Ltd v BBC [1990] 3 All ER 523 488 Campbell v Frisbee [2002] EWCA Civ 1374; [2003] ICR 141 659 Campbell v MGN Ltd [2004] UKHL 22; [2004] 2 AC 457 5-8, 17,20,40,56,60-1,65, 70-1,73,75,77, 79-81, 83-8,90,94,96-8, 100, 107, 125, 128, 130, 140, 148, 175-7,236, 238,286,296,516,532,533-53,566, 569, 583,600,605-6,608,614,624,626,628,643,657, 663,671,684,694,697,705,708,718,724,725-6,738-9, 742, 744, 760, 764, 797, 818, 821, 836,838,860,904,933,983,989,997, 1035, 1041, 1046, 1056, 1060-1, 1081-2, 1084, 1095, 1117-19,1135,1143,1146,1151 Campmany y Diez de Revenga and Lopez Galiacho Perona v Spain (dec.), no 54224100, ECHR 2000-XIl 560 Caroline of Monaco (Princess) and Murray v Express Newspapers plc [2008] EWCA Civ 446, [2008] 3 WLR 1360 7, 96, 222, 559, 571, 592, 725, 737, 739, 758,
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