Defamation: Is the statement defamatory?

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For a claim in defamation to succeed the statement must be defamatory whether it is made via slander or libel. To be defamatory the statement must ‘lower the claimant in the estimation of right-thinking members of society generally’. Right-thinking members of society are ‘fair-minded’, not ‘overly suspicious’, ‘unduly naïve’, or ‘avid for scandal’, ‘nor bound […]

Defamation on social media

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When defamation on social media occurs the laws around libel apply but there will be some unique challenges to overcome. Such as, where to sue as social media platforms are global, can a platform be sued as the publisher, and how to reveal the identity of someone making defamatory statements whilst using an alias or […]

What is a Part 36 offer?

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A Part 36 offer is an offer to settle a claim or part of a claim. It should be compliant with Part 36 of the Civil Procedure Rules for it to carry potential costs consequences. A Part 36 offer must be in writing. Make clear that it is made pursuant to Part 36. Specify a […]

Covid-19 contracts: Michael Gove broke the law!

The Good Law Project has succeeded in their second judicial review against the Government’s handing out of Covid-19 contracts. The High Court gave judgment on the first judicial review back on 18 February 2021 and held that Matt Hancock had a common law duty to comply with the transparency policy absent good reason to depart […]

Duchess of Sussex (Meghan Markle) wins copyright claim

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The Duchess of Sussex (Megan) sued the Mail on Sunday’s Associated Newspapers Limited (ANL) in April 2020 over alleged misuse of private information, infringement of copyright and breach of the 2018 Data Protection Act. The Mail on Sunday published five articles online and in print in February 2019 that reproduced parts of a private letter […]

What is a statement of case in court proceedings?

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A statement of case is to define the legal issues which the court has to decide upon. It sets out the essential facts supporting the party’s position. The first statement of case is called the particulars of claim; followed by the defence; and then subsequent others may be served. To ensure your statement of case […]

Battle of the caterpillars: Colin v Cuthbert!

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No doubt you have seen news of this trade mark infringement claim if you have been on social media recently. Marks and Spencer (M&S) have begun a legal claim against Aldi alleging that Aldi’s Cuthbert the caterpillar cake has infringed on its trade mark for its Colin the caterpillar cake. The intellectual property claim filed […]

Using witness statements and expert evidence at trial?

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Witness statements: Generally, the court will order the parties to exchange witness statements for all witnesses of fact that are due to attend trial. The purpose of the witness statement is to set out in writing the evidence of the maker of the witness statement which is relied upon by the party calling that witness. […]

How do the courts award costs at trial?

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Costs are always in the court’s discretion except in certain circumstances where they follow automatically. The general rule is that the loser will pay the winners costs. Although this is not always the case. A judge can make a contrary order or may make different orders relating to different issues or stages in the case. […]