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25 August 2015 / Catriona Stirling
Issue: 7667 / Categories: Features , Personal injury
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A modern take

The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth, asks Catriona Stirling

The Supreme Court handed down its judgment in the case of OPO v MLA [2015] UKSC 32, [2015] All ER (D) 177 (May) recently. The decision has, rightly, been presented as a victory for free speech, but it is also an important and interesting case from a tort law perspective.

Background

Mr Rhodes, a well-known concert pianist and author, wished to publish his memoirs. Certain passages in those memoirs gave a graphic account of horrific sexual abuse that he suffered at school and its effect on him.

Rhodes’ former wife wished to stop the publication of those passages on the ground that it risked causing psychological harm to their son who is now 12. Evidence suggested that he was likely to suffer severe emotional distress and psychological harm if exposed to the material in the book.

It was alleged that publication would constitute the tort of intentionally causing physical or psychological harm. This tort was recognised

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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