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Tort law cases often make the news headlines. The purpose of the web links provided here is to fill you in on some of the background to the cases and, occasionally, statutes that you are studying. They include a mixture of video and audio clips, newspaper reports, blog posts, Government reports, case reports and so on. We've also taken the opportunity to include 'updates' where the law has changed or developed since the publication of the book.
In our experience it is often easier to remember the facts or decision of a particular case when you know a bit more about its background - when you can, for example, visualise the parties involved, or picture the accident or event that lead to the claim. We also believe that awareness of the context of a particular case or the passage of a statute can often help students understand – and begin to question – why the decision was reached, or why the introduction of legislation was felt necessary. Our view is that it is important that you experience – and engage with – tort law as a dynamic and fluid process, as a body of progressive rather than static, ahistorical rules. We hope that the links provided here (as well as other things you may link to from them) will help you do this and that they will give you a sense of historical perspective and an insight into the role of the context and history in the development of legal doctrine.
We've done our best to ensure that the links are as extensive as possible but the links are (obviously) not exhaustive. We urge you to make keep an eye on developments both in tort and other areas of law by reading good legal blogs as well as the law pages of quality newspapers online.
Of course, we also know that on occasions (particularly when a deadline is pressing) these sort of additional materials (as well as the others included on our online resources) can prove to be a bit of a distraction. These links are intended to supplement your studies. They are not an alternative to the harder work of reading the text book, academic commentary, and cases. In fact, there is no excuse for not reading the cases. Within these web links we've provided deep links on BAILLI to a selection of key cases from each chapter, and we encourage you to put your background reading, watching, and surfing to good use by reading these in full so that you gain a deeper understanding of the issues they raise.
Judicial Statistics
Latest Judicial Statistics, 2019: Issued defamation claims up by 22%, highest number since 1998, Inforrm Blog, 19 June 2020
Defamation claims in 2018 up by 70%, the highest number for nine years, will Lachaux reverse the trend?, Inforrm Blog, 11 June 2019
2017: Judicial Statistics, 2017: Issued defamation claims up by 40%, highest for three years, Inforrm Blog, 26 June 2018
2016: Issued defamation claims down by 17%, lowest recorded number in modern times, Inforrm Blog, 6 June 2017
https://inforrm.wordpress.com/2017/06/06/judicial-statistics-2016-issued-defamation-claims-down-by-17-lowest-recorded-number-for-any-year-for-which-records-are-available/
The Defamation Act 2013
There has been an enormous amount of discussion online about the Defamation Act 2013. It is worth taking the time to have a look at some of the commentary, though you should be aware of who is writing (the debate was very polarised and not all comments will be impartial) and when the person is writing as the law changed during the legislative process. Here is just a snap shot:
You can read the text of the Act here
http://www.legislation.gov.uk/ukpga/2013/26/contents/enacted
You can follow the progress of the Act here
http://services.parliament.uk/bills/2012-13/defamation.html
Ministry of Justice press release, “Defamation Act reforms libel law”, 25 April 2013
https://www.gov.uk/government/news/defamation-act-reforms-libel-law
The Inforrm Blog
The Inforrm’s Blog (http://inforrm.wordpress.com/) has a large number of articles on the Defamation Act (as well as discussion of defamation and privacy cases and media law generally)
Defamation Act 2013, commencement and some initial reactions, 3 May 2013
http://inforrm.wordpress.com/2013/05/03/defamation-act-2013-commencement-and-some-initial-reactions/
News: Defamation Act 2013 receives Royal Assent, 26 April 2013
http://inforrm.wordpress.com/2013/04/26/news-defamation-act-2013-receives-royal-assent/
Timothy Pinto, ‘Defamation Act 2013: A boost for free speech – Part 1: Serious Harm, Truth and Honest opinion’, 21 May 2013
http://inforrm.wordpress.com/2013/05/21/defamation-act-2013-a-boost-for-free-speech-part-1-serious-harm-truth-and-honest-opinion-timothy-pinto/
Timothy Pinto, ‘Defamation Act 2013: A boost for free speech, Part 2: Public Interest and Privilege’, 22 May 2013
http://inforrm.wordpress.com/2013/05/22/defamation-act-2013-a-boost-for-free-speech-part-2-privilege-timothy-pinto/
Timothy Pinto, ‘Defamation Act 2013: A boost for free speech, Part 3: Intermediary liability’, 23 May 2013
http://inforrm.wordpress.com/2013/05/23/defamation-act-2013-a-boost-for-free-speech-part-3-intermediary-liability-timothy-pinto/
Timothy Pinto, ‘Defamation Act 2013 – A boost for free speech – Part 4: Single publication rule, forum shopping and juries, 24 May 2013
http://inforrm.wordpress.com/2013/05/24/defamation-act-2013-a-boost-for-free-speech-part-4-single-publication-rule-forum-shopping-and-juries-timothy-pinto/
The Index on Censorship blog
Index on Censorship is an international organisation that promotes and defends the right to freedom of expression. It played a key role in debates surrounding the enactment of the Defamation Act. Here are just a few related posts:
Padraig Reidy, ‘Libel Act to commence “before end of year”’ Index on Censorship blog, 13 June 2013
http://www.indexoncensorship.org/2013/06/libel-act-to-commence-before-end-of-year/
Padraig Reidy, ‘Victory for free speech as libel bill passes’, Index on Censorship blog, 24 April 2013
http://www.indexoncensorship.org/2013/04/libel-reform-bill-passes/
Other reaction in the press
Dominic Ponsford, ‘Defamation Bill passed: 'It will change the landscape of free speech in Britain’, Press Gazette, 25 April 2013
http://www.pressgazette.co.uk/defamation-bill-passed-it-will-change-landscape-free-speech-britain
Lisa O’Carroll, ‘Government U-turn on defamation bill heralds libel reform victory’, The Guardian, 22 April 2013
http://www.guardian.co.uk/media/2013/apr/22/government-uturn-defamation-bill-reform-victory
Oliver Wright, ‘Blow to freedom of speech as key libel reform the Defamation Bill is blocked’, The Independent, 15 April 2013
http://www.independent.co.uk/news/uk/politics/blow-to-freedom-of-speech-as-key-libel-reform-the-defamation-bill-is-blocked-8574218.html
On libel reform generally
The Defamation Act 2013 is the culmination of a long campaign to reform the English libel laws.
The libel reform campaign
http://libelreform.org/
Libel reform – Guardian law pages
http://www.guardian.co.uk/law/libel-reform
Dara O'Briain and friends at the Big Libel Gig
http://www.youtube.com/watch?v=zY86CU44WGg
Defamation Bill: Prof Brian Cox on libel law changes, 27 June 2012
Professor Brian Cox and the comedian Dara O' Briain have been to Downing Street to deliver a petition to make changes to the Defamation Bill. Brian Cox talks on the BBC’s Daily Politics Show.
http://www.bbc.co.uk/news/uk-politics-18611977
Speech by Lord Hoffmann ‘The Libel Tourism Myth’ (6 February 2010)
http://www.indexoncensorship.org/2010/02/the-libel-tourism-myth/
And comment from Nick Cohen
http://www.guardian.co.uk/commentisfree/2010/feb/07/nick-cohen-law-courts-libel
Cases in the news and legal blogs
First Impressions UKSC Blog Podcast Ep 1: Lachaux v Independent Print Ltd [2019] UKSC 27
Sarah Marsh, ‘Johnny Depp loses bid to overturn ruling in libel case’ 25 March 2021 https://www.theguardian.com/film/2021/mar/25/johnny-depp-loses-bid-to-overturn-ruling-in-libel-case
Alexandros Antoniou, ‘The Johnny Depp libel trial explained’ The Conversation 3 November 2020
https://theconversation.com/the-johnny-depp-libel-trial-explained-149217
Behind the Depp headlines: meaning, evidence and juries, 6 November 2020
Case comment: Depp v NGN – an analysis of the judgment
https://www.bindmans.com/insight/blog/case-comment-depp-v-ngn-an-analysis-of-the-judgment
Oliver Cox, Case Law: Stocker v Stocker, Supreme Court overturns Judge on meaning of “tried to strangle”, Inforrm Blog, 5 April 2019
Mathilde Groppo, Case Law: Lachaux v Independent Print, Supreme Court abolished common law presumption of damage in libel cases, INnforrm Blog, 13, June 2019
Frances Perraudin, Ex-Ukip councillor ordered to pay £80,000 in damages to Rotherham MPs, The Guardian, 1 June 2016
https://www.theguardian.com/uk-news/2016/jun/01/ukip-councillor-damages-rotherham-mps-caven-vines
BBC News, ‘High Court: Sally Bercow's Lord McAlpine tweet was libel’, 24 May 2013 (on McAlpine v Bercow)
http://www.bbc.co.uk/news/world-22652083
BBC News, ‘Lord McAlpine drops some Twitter defamation cases’, 21 February 2013 (on McAlpine v Bercow)
http://www.bbc.co.uk/news/uk-21534398
BBC NEWS, ‘'Revenge porn' site owner Hunter Moore sued for defamation’, 11 March 2013
http://www.bbc.co.uk/news/technology-21740386
BBC News, ‘X Factor judge Louis Walsh settles 500,000 euro defamation case’, 28 November 2012
http://www.bbc.co.uk/news/world-europe-20524505
BBC NEWS, ‘Nature journal libel victory prompts libel reform call’, 6 July 2012
http://www.bbc.co.uk/news/science-environment-18743472
Hugh Tomlinson, ‘Case Comment: Flood v Times Newspapers [2012] UKSC 12, Court allows “Reynolds” appeal’, UKSC Blog, 21 March 2012
http://ukscblog.com/case-comment-flood-v-times-newspapers-2012-uksc-12-court-allows-reynolds-appeal
Siobhain Butterworth, ‘Flood v The Times: Reynolds privilege defence is back’. The Guadian, 21 March 2012
http://www.guardian.co.uk/law/2012/mar/21/flood-times-reynolds-privilege-defence
Katie Price agrees to pay Peter Andre libel damages, 2, December 2011
http://www.bbc.co.uk/newsbeat/16002100
Inforrm blog poston Joseph v Spiller
http://inforrm.wordpress.com/2010/06/11/case-law-spiller-v-joseph-media-seek-permission-to-intervene/
Supreme court changes fair comment defence in libel cases (on Joseph v Spiller)
http://www.guardian.co.uk/law/2010/dec/01/supreme-court-fair-comment-libel-defence-change
Simon Singh wins libel court battle – with video clip (on British Chiropractic Association v Singh)
http://www.guardian.co.uk/uk/2010/apr/01/simon-singh-wins-libel-court
Chiropractors' libel case dropped against Simon Singh (on British Chiropractic Association v Singh)
http://news.bbc.co.uk/1/hi/8621880.stm
Book author wins historic libel case (On the application of the Reynolds defence)
http://news.bbc.co.uk/1/hi/uk/7040425.stm
BBC ordered to pay £500,000 costs (On the application of the Reynolds defence)
http://news.bbc.co.uk/1/hi/health/7659851.stm
Landmark decision for 'free speech' (On Jameel [2007] and Reynolds)
http://news.bbc.co.uk/1/hi/uk/6046152.stm
Beckham pays out in slander row (McManus v Beckham [2002])
http://news.bbc.co.uk/1/hi/uk/2839319.stm
Paper welcomes Grobbelaar ruling (Grobbelaar v News Group Newspapers [2002])
http://news.bbc.co.uk/1/hi/uk/1123673.stm
On Monroe v Hopkins [2017]
BBC News video discussing the case
http://www.bbc.co.uk/news/uk-39237788
A blog post on Monroe v Hopkins:
https://thinkinglegally.wordpress.com/2017/03/28/monroe-v-hopkins-libel-case-warby-retrograde-judgment/
BBC news, ‘Katie Hopkins cannot appeal Jack Monroe libel tweet case’, 29 March 2017
http://www.bbc.co.uk/news/uk-england-essex-39437724
On #MeToo and defamation
France's MeToo creator on trial for defaming man she accused, 30 May 2019
https://www.bbc.co.uk/news/world-europe-48457860
Southall Black Sisters Press Release: PRESS RELEASE: Lachaux v Independent News Print Limited and Another
Jon Robins, Women silenced from speaking out in ‘an asphyxiating vortex of litigation’, The Justice Gap, 24 January 2019
On McLibel
On This Day: 19 June1997: Victory for McDonald's - at a cost – this site includes BBC video clips of the verdict against McDonalds.
http://news.bbc.co.uk/onthisday/hi/dates/stories/june/19/newsid_2516000/2516301.stm
'McLibel' pair win legal aid case – including video on the background to the case
http://news.bbc.co.uk/1/hi/uk/4266209.stm
This website tells the story of the McLibel litigation and includes transcripts of the trial
www.mcspotlight.org
Cases
We still find the inforrm blog is best place to keep up to date with the –many – defamation (and privacy) cases: http://inforrm.wordpress.com/
Flood v Times Newspapers [2012]
http://www.bailii.org/uk/cases/UKSC/2012/11.pdf
Reynolds v Times Newspaper [2001]
www.bailii.org/uk/cases/UKHL/1999/45.html
Joseph v Spiller [2010]
http://www.bailii.org/uk/cases/UKSC/2010/53.html
British Chiropractic Association v Singh [2010]
http://www.bailii.org/ew/cases/EWCA/Civ/2010/350.html