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21 July 2023 / Dominic Regan
Issue: 8034 / Categories: Features , Profession , Criminal
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Wrong place, wrong time?

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Dominic Regan recounts some unfortunate tales of those who have (inadvertently or not) found themselves in an awkward situation

Who among us has never inadvertently stumbled into a brothel? Exactly. Sadly, when it happened to then singleton television presenter Jamie Theakston, some of the staff took unauthorised photographs of him and there was a smack of blackmail in the air. He sued to prevent publication of the story and accompanying photographs. He failed on the first limb but succeeded on the second.

Mr Justice Ouseley at para [22] of his judgment in Theakston v MGN Ltd (2002) EWHC 137 (QB) said: ‘It is surprising that it was not apparent to the claimant on his first arrival that he was in a brothel and that that only became apparent, on his later return and after he had engaged in sexual activities.’

It was shortly after this that the super-injunction emerged. The ‘super’ element restrained publication of the fact that an injunction had even been secured. The ever-excellent Lord Neuberger chaired a committee

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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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