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Kaye V Robertson
''Kaye v Robertson'' 991FSR 62 is a case in English law, expressing the view that there is no common-law right to privacy in English law. Facts The case involved actor Gorden Kaye, who had suffered serious head injuries when a plank smashed through his car windscreen in the Burns' Day storm of January 1990. While he was recovering from brain surgery, two journalists from the ''Sunday Sport'' posed as doctors and took photographs of him in his room at the hospital. Kaye attempted to obtain an order to restrain publication of the photographs. Judgment A friend of Kaye had been granted an interlocutory injunction preventing the editor (Anthony Robertson) and the ''Sunday Sport'' from using the material; they appealed. Lord Justice Glidewell said, "It is well known that in English law there is no right to privacy, and accordingly there is no right of action for breach of a person's privacy. The facts of the present case are a graphic illustration of the desirability of Parliamen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malicious Falsehood
Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm. Malicious falsehood is a false statement made maliciously that causes damage to the claimant. Malicious in this case means the defendant either knew the statement was not true or did not take proper care to check. It is often covered under laws regarding defamation. England and Wales Proof of special damage Section 3(1) of the Defamation Act 1952 reads: This implements a recommendation of the Porter Committee For the purposes of section 3 of the Defamation Act 1952, the publication of words (including pictures, visual images, gestures and other methods of signifying meaning) in the course of a performance of a play is, subject to section 7 of the Theatres Act 1968, treated as publication in permanent form.The Theatres Act 1968section 4/ref> Limitation Sesection 4A(b)of the Limitation Act 1980. Northern Ireland S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Privacy Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wainwright V Home Office
is an English tort law case concerning the arguments for a tort of privacy, and the action for battery. Facts Alan Wainwright, along with his mother, went to visit his stepbrother, who was detained in Leeds Prison awaiting trial. Because the stepbrother was suspected of taking drugs in jail, both visitors were asked to consent to a strip search under Rule 86(1) of the Prison Rules 1964 (consolidated 1998), which grants prison authorities a power to search any person entering a prison. They reluctantly consented and were searched by prison officers, which they found upsetting. In particular, Alan Wainwright was handled in a way that Home Office counsel that later conceded was battery. The Wainwrights then consulted a solicitor, who arranged for them to be examined by a psychiatrist. The psychiatrist concluded that Alan, who had physical and learning difficulties, had been so severely affected by his experience that he suffered post-traumatic stress syndrome. Mrs Wainwright had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy In English Law
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Schillings
Schillings (originally Schilling & Lom) is an international reputation and privacy consultancy staffed by reputation, privacy and family lawyers, risk consulting, cyber security and intelligence specialists. The company is an Alternative Business Structure (ABS) and regulated and authorised by the United Kingdom's Solicitors Regulation Authority (SRA). It employs 33 lawyers, risk managers and IT security consultants and offers services covering risk consulting, legal services and IT security. History The firm was founded in 1984 by Keith Schilling and Nicholas Lom and focused largely on media law, libel, and privacy protection. It was called by Index on Censorship as "the scourge of many a Fleet Street editor" for obtaining anonymised gag order, gagging orders to protect celebrity clients' privacy. In the early 2010s, the firm began to move away from pure media and libel work towards reputation protection for a largely corporate, non-celebrity clientele. In 2012 Schillings a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iain Glidewell
Sir Iain Glidewell PC (8 June 1924 – 8 May 2016) was a Lord Justice of Appeal and Judge of Appeal of the High Court of the Isle of Man. He was made a privy councillor in 1985. He was educated at Bromsgrove School and Worcester College, Oxford where he was later made an Honorary Fellow. At Gray's Inn, one of the four English Inns of Court, he held the positions of Treasurer (1995),Gray's Inn: Lists of Officers Retrieved 6 December 2010 and Master of the Bench. In 1997 he was commissioned by the British government to review the . His report made recommendations to maximise efficiency within the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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