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29 May 2015
Issue: 7654 / Categories: Case law , Law digest , In Court
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Tort

Rhodes v OPO (by his litigation friend) and another [2015] UKSC 32, [2015] All ER (D) 177 (May)

A famous concert pianist, author and television film-maker (J) sought to publish a book about his life, which included details of the abuse he had suffered as a child. His ex-wife sought to prevent the release of the book on the ground that it would cause their young son psychological harm. A High Court judge dismissed an application on behalf of the child for an interim injunction. The Court of Appeal, Civil Division, held that the claim alleging that the release of the book would constitute the tort of intentionally causing harm to the son should go for trial (Wilkinson v Downton [1895-9] All ER Rep 267) and it granted an interim injunction restricting its publication in a certain form. The Supreme Court, allowing J’s appeal, considered the proper approach to the tort of intentionally causing physical or psychological harm in modern law and held that the publication of the book was not within the scope of the conduct

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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