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07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
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Freedom of speech

Trimingham v Associated Newspapers Limited [2012] EWHC 1296 (QB), [2012] All ER (D) 248 (May)

It was established law that for the court to comply with its obligations under s 3 of the Human Rights Act 1998, it had to hold that a course of conduct in the form of journalistic speech was reasonable under s 1(3)(c) of the 1998 Act unless, in the particular circumstances of the case, the course of conduct was so unreasonable that it was necessary and proportionate to prohibit or sanction the speech in pursuit of one of the aims listed in Art 10(2) of the Convention, including, in particular, for the protection of the rights of others under Art 8 of the Convention. The test required the publisher to consider whether a proposed series of articles, which was likely to cause distress to an individual, would constitute an abuse of the freedom of the press which the pressing social needs of a democratic society required should be curbed. In considering the effect of a course of conduct which consisted of

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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