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31 July 2008
Issue: 7332 / Categories: Legal News , Human rights
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Mosley ruling will shackle free speech

Legal news

The High Court ruling that the News of the World (NoW) breached the privacy of F1 boss, Max Mosley, when it ran a story claiming that a sadomasochistic orgy he took part in had a Nazi theme, has “clapped legitimate investigative journalism in irons”, says media lawyer Mark Stephens.

Mr Justice Eady ruled that Mosley “had a reasonable expectation of privacy in relation to sexual activities (albeit unconventional) carried on between consenting adults on private property”.

There was no evidence, the judge said, that Mosley’s romp with five women “was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes”, as intimated by the NoW.

The NoW faces a legal bill of almost £1m after the judge ordered it to pay damages and Mosley’s legal costs, plus its own.

Stephens, head of media at Finers Stephens Innocent, says: “Mr Justice Eady’s judgment makes a clear and unequivocal finding that there were no Nazi overtones to the S & M ‘scene’ captured on film by the NoW. This leaves the media trembling as Mr Mosley now threatens to wield the libel cane over the rest of the media who followed the NoW into this story. The name Mosley now, it seems, will be uttered in the same breath as McCann and Murat,” he adds.
 

Issue: 7332 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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