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Freedom of speech

07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
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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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NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
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Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
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