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Law digests: 9 February 2024

09 February 2024
Issue: 8058 / Categories: Case law , In Court , Law digest
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Defamation

Blake and another v Fox and another [2024] EWHC 146 (KB), [2024] All ER (D) 120 (Jan)

The King’s Bench Division ruled on reciprocal libel claims relating to some brief exchanges on the social media platform then known as Twitter. The defendant actor and leader of the Remain Party had called for a boycott of a supermarket over an employee diversity and inclusion policy. The claimants had responded by calling the defendant a racist, and he had then proceeded to call each of them a paedophile. Each of the parties argued that no ‘serious harm’ could have been attributed to their own tweet(s), and that the test in s 1(1) of the Defamation Act 2013 had not been passed. The burden laid on the party who alleged defamation in each case to establish that the test had been passed and, if it had not, then that was the end of the matter. The court held, among other things, that: (i) the defendant’s labelling of the claimants as paedophiles was, on the evidence,

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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