The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland  EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen's Bench Division Media and Communications List. CMS lawyers Dan Tench, Emma Boffey, Graeme MacLeod and Joanna Clark examine the case.
Published 21 June 2019
The Libel Reform Campaign, which campaigned successfully for the ’serious harm’ test in defamation, has welcomed the judgment in Lachaux v Independent Print Ltd and another, handed down by the Supreme Court yesterday.
Published 13 June 2019
News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied.
Published 12 June 2019
According to Advocate General Szpunar, Facebook can be ordered to seek and identify all comments identical to a defamatory comment that has been found to be illegal, and equivalent comments in so far as the latter originate from the same user. In the present case, the EU law relied on does not regulate the question whether Facebook can be ordered to delete the comments at issue worldwide.
Published 5 June 2019
The Faculty of Advocates has reiterated its opposition to the introduction of a "serious harm" test before defamation actions in Scotland are allowed to proceed.
Published 23 April 2019
Kezia Dugdale successfully defends defamation action over pro-independence blogger’s ‘homophobic’ tweet
The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her.
Published 18 April 2019
An English solicitor who said her professional reputation had been destroyed by a Facebook post has lost her £900,000 libel claim.
Published 18 April 2019
Striking the right balance between freedom of expression and protection of reputation is key to modernising Scots law on defamation, according to the Law Society of Scotland.
Published 16 April 2019
The public is being invited to help reform defamation law in Scotland.
Published 14 January 2019