Ms Kim Waite

Kim Waite

Updates

Litigation

Qualified privilege and an individual's rights
United Kingdom | 26 July 2011

The Supreme Court has refused permission to appeal in Clift v Slough Borough Council, a privacy case which involved a public authority that was required to act in a way that was compatible with Article 8 of the European Convention on Human Rights. The decision serves as a warning to local authorities to consider their obligations under the Human Rights Act before distributing material that may be defamatory.

Funding arrangements: keeping your opponent informed
United Kingdom | 22 June 2010

The use of conditional fee agreements and accompanying after-the-event insurance policies has led to defendants in unsuccessful cases paying not only the claimant's base costs, but also the claimant's lawyer's success fee and an insurance premium. This update examines the obligations on a party operating under funding arrangements to keep its opponent informed, and considers the consequences of failing to do so.

How can a solicitor cease to act for a client?
United Kingdom | 11 May 2010

There are not many cases in which a solicitor wants to stop acting for a client, but such a situation may arise if fees are not paid or instructions cannot be obtained. In such circumstances, a procedure must be followed in order to come off the record and recover fees. A recent Court of Appeal decision provides guidance on deciding the issue of good reason to terminate a retainer.

Libel claims and evidence of substantial publication
United Kingdom | 09 February 2010

In a recent case the claimants attempted to sue the defendant in England in libel for remarks published in a South African magazine. The defendant successfully applied for summary judgment on the grounds that the claims had no realistic prospect of success, as there was a lack of substantial publication in the jurisdiction. The case shows the importance of obtaining good-quality evidence of internet publication.

CPR Changes: Are You Ready for New Electronic Filing Rules?
United Kingdom | 26 January 2010

The latest update to the Civil Procedure Rules implements several significant changes. The introduction of the Electronic Working Scheme in several courts provides for the electronic filing of most court documents. Other changes affect costs proceedings, instructed representatives and time limits for filing documents and serving applications.

Tech, Data, Telecoms & Media

Court of Appeal anonymity ruling provides guidance on privacy injunctions
United Kingdom | 17 March 2011

The Court of Appeal has handed down a decision protecting the identity of a famous sportsman who had obtained an injunction to prevent publication of details of his private life. As the press had previously published allegations that the claimant had had a sexual liaison outside his relationship, naming him would have allowed the media to deduce or surmise the nature of the information protected by the injunction.