Archive for the 'anonymity' Category

John Kampfner: The worrying rise of the rich man’s weapon of justice – The Independent

“Just when you think you are over the worst, the forces of secrecy bite back. No sooner had the Government published a draft Defamation Bill, going some way to reversing many of the most hideous aspects of Britain’s libel laws, than the judiciary set a dangerous new precedent.”

Full story

The Independent, 1st April 2011

Source: www.independent.co.uk

Superinjunction scores legal first for nameless financier in libel action – The Guardian

“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Court rules that newspaper does not have to identify commenters – The Guardian

“Defamation attempt fails as high court rules that anonymous comments on the Daily Mail’s website are little more than ‘pub talk’.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Newspaper does not have to identify anonymous commenters, rules High Court – OUT-LAW.com

“The Daily Mail does not have to identify the people behind two anonymously posted comments on its website because to do so would breach their rights to privacy, the High Court has said.”

Full story

OUT-LAW.com, 28th February 2011

Source: www.out-law.com

Married TV personality granted gagging order – Daily Telegraph

“A married TV personality has been granted continued anonymity by the High Court in the latest in a long line of privacy cases.”

Full story

Daily Telegraph, 2nd February 2011

Source: www.telegraph.co.uk

JIH v News Group Newspapers Ltd – WLR Daily

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Already-published information ensures anonymity for privacy case subject, rules court – OUT-LAW.com

“The identity of a person at the centre of an alleged photograph and video blackmail attempt can stay anonymous, the High Court has ruled. Anonymity is required because some information about the case is already in the public domain, it said.”

Full story

OUT-LAW.com, 24th January 2011

Source: www.out-law.com

Pink Floyd Music Ltd and another v EMI Records Ltd – WLR Daily

Pink Floyd Music Ltd and another v EMI Records Ltd [2010] EWCA Civ 1429; [2010] WLR (D) 329

“The Court of Appeal should not depart from the general rule that litigation was to be conducted in public unless a judge of that court was persuaded that there were cogent grounds for doing so.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Footballer extends gagging order – Daily Telegraph

“A Premier League footballer who risked being unmasked by a High Court judge over details concerning his private life has lodged an eleventh hour appeal preventing himself from being identified.”

Full story

Daily Telegraph, 24th November 2010

Source: www.telegraph.co.uk

Donald v Ntuli – WLR Daily

Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291

“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”

WLR Daily, 17th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court lifts Howard Donald superinjunction – The Guardian

“A superinjunction preventing the naming of Take That’s Howard Donald has been lifted by the court of appeal in a case involving a former girlfriend.”

Full story

Read the judgment lifting the superinjunction
(PDF)

The Guardian, 16th November 2010

Source: www.guardian.co.uk

Ministers shelve plans for rape defendant anonymity – Daily Telegraph

“Ministers have quietly shelved their much-vaunted pledge to grant anonymity to rape defendants after admitting there was no evidence to establish what impact it would have.”

Full story

Daily Telegraph, 12th November 2010

Source: www.telegraph.co.uk

High Court strips injunction celebrity of anonymity – OUT-LAW.com

“The High Court has ordered the identity of a celebrity to be revealed, though it has ordered that information about his private life must remain secret. The celebrity, known in the case as JIH, will be named if an appeal fails.”

Full story

OUT-LAW.com, 8th November 2010

Source: www.out-law.com

Marksmen who shot barrister Mark Saunders retain anonymity – Daily Telegraph

“Police marksmen who shot dead a barrister at the end of a five-hour siege at his Chelsea home can give evidence anonymously at his inquest amid fears they will targeted by the criminal underworld, a coroner ruled yesterday.”

Full story

Daily Telegraph, 13th September 2010

Source: www.telegraph.co.uk

Police set to be granted anonymity at inquest into shooting of barrister Mark Saunders – Daily Telegraph

“The police officers who shot dead a barrister at the end of a five-hour siege are expected to be given anonymity ahead of an inquest beginning next week.”

Full story

Daily Telegraph, 11th September 2010

Source: www.telegraph.co.uk

The Stig: high court judge unmasks mystery Top Gear driver – The Guardian

“His identity remained a mystery for eight years despite his star billing on one of the BBC’s biggest shows. But today the Stig, the anonymous Top Gear driver disguised beneath a white crash helmet and blacked-out visor, was finally unmasked by a high court judge.”

Full story

The Guardian, 1st September 2010

Source: www.guardian.co.uk

Sniper sues Army over error which put him in danger of being kidnapped by al-Qaeda – Daily Telegraph

“An Army sniper is suing the Ministry of Defence over a ‘catastrophic error’ which put him and his family in danger of being kidnapped by al-Qaeda.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Rape charge anonymity pledge dropped after protests by MPs – The Guardian

“The government has abandoned plans to grant pre-charge anonymity to men accused of rape after an outcry from Labour and women Tory MPs.”

Full story

The Guardian, 25th July 2010

Source: www.guardian.co.uk

Bulger killer Venables jailed over child abuse images – BBC News

“One of the killers of James Bulger has been jailed for two years after admitting downloading and distributing indecent images of children.”

Full story

BBC News, 23rd July 2010

Source: www.bbc.co.uk

Protests as anonymity plan for rape defendants is confirmed – The Guardian

“The government provoked protests from both sides of the Commons today after a minister confirmed plans to grant rape defendants pre-charge anonymity.”

Full story

The Guardian, 8th July 2010

Source: www.guardian.co.uk

Teachers to be given new powers to crack down on nuisance pupils – The Guardian

“Teachers will get tougher powers to deal with unruly pupils in a ‘zero tolerance’ crackdown on nuisance in the classroom, ministers will announce today.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

 “The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Nick Clegg signals rethink over rape trial anonymity – The Guardian

“Nick Clegg, the deputy prime minister, today signalled a new willingness to drop the government’s plans to grant anonymity to defendants in rape cases, after growing opposition to the proposal.”

Full story

The Guardian, 7th June 2010

Source: www.guardian.co.uk

Plan to protect anonymity of rape accused watered down – The Independent

“A surprise plan to grant anonymity to rape defendants will be significantly redrawn by the coalition Government after intense criticism of the proposals.”

Full story

The Independent, 3rd June 2010

Source: www.independent.co.uk

Rape case anonymity for defendants would be insult to victims, say activists – The Guardian

“Plans to ban identification of men accused of rape suggests victims of sexual violence do not matter, say campaigners.”

Full story

The Guardian, 20th May 2010

Source: www.guardian.co.uk

Contract killers get life after trial which changed witness anonymity law – Daily Telegraph

“Two contract killers are beginning life sentences for murder following a trial which caused Parliament to bring in a new law on witness anonymity.”

Full story

Daily Telegraph, 31st March 2010

Source: www.telegraph.co.uk

Straw defends new identities for criminals whose lives are endangered – The Guardian

“The justice secretary, Jack Straw, today launched a robust defence of giving a new identity to criminals such as Jon Venables when they face the serious possibility of being killed or injured on their release.”

Full story

The Guardian, 10th March 2010

Source: www.guardian.co.uk

Jon Venables could be killed if his identity is revealed, key judge warns – The Guardian

“The judge who granted anonymity to the killers of the murdered two-year-old, James Bulger, warned last night that Jon Venables could be murdered if his new identity is revealed.”

Full story

The Guardian, 9th March 2010

Source: www.guardian.co.uk

Jon Venables: the right to know – The Guardian

“Justice cannot be served at trial unless Jack Straw holds his nerve on unmasking Jon Venables.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Celebrity lawyer ‘Mr Loophole’ calls for defendants in sex cases to be given anonymity as Emmerdale actor Lewis Linford cleared – Daily Telegraph

“Men accused of sexual assault should be granted the same anonymity as their alleged victims, according to a prominent lawyer.”

Full story

Daily Telegraph, 24th August 2009

Source: www.telegraph.co.uk

Baby P couple to be named – The Guardian

“The couple responsible for the death of Baby P will be publicly identified tonight after the expiry of a court order protecting their anonymity.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

In re Attorney General’s Reference (No 3 of 1999) – WLR Daily

In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192

“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”

WLR Daily, 17th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

‘Unmasked’ police blogger escapes further action – The Independent

“No further action will be taken against a policeman who was unmasked after targeting the force and Government ministers in an anonymous online blog, police said today.”

Full story

The Independent, 17th June 2009

Source: www.independent.co.uk

Ruling on NightJack author Richard Horton kills blogger anonymity – The Times

“Anonymous bloggers cannot use the courts to keep their identity secret after The Times won a landmark High Court ruling over a policeman who revealed confidential information on an award-winning website.”

Full story

The Times, 16th June 2009

Source: www.timesonline.co.uk

Regina v Powar (Harbinder) Regina v Powar (Kulwinder) – Times Law Reports

Regina v Powar (Harbinder) Regina v Powar (Kulwinder)

Court of Appeal

“Anonymous witnesses must not routinely be called in the prosecution of serious crime, but now that the intimidation of witnesses had become an ugly feature of contemporary life, witness anonymity orders should not be confined to cases of terrorism or gangland killings.”

Times Law Reports, 24th April 2009

Source: www.timesonline.co.uk

‘Sadistic’ child killer given right to remain anonymous – The Independent

“A man convicted of the ‘sadistic’ murder of three children 30 years ago has been granted the right to anonymity while he is being considered for release into the community.”

Full story

The Independent, 8th April 2009

Source: www.independent.co.uk

Rape victim makes plea to others – BBC News

“A woman, raped by an ex-boyfriend, has waived her anonymity to encourage other victims to report their ordeal.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Gay father hunts for lesbian mother who vanished with son – The Times

“A gay father whose son was ‘snatched’ away by his lesbian mother during family court proceedings was finally able to appeal publicly for his safe return yesterday after restrictions on identifying the parties was lifted.”

Full story

The Times, 18th December 2008

Source: www.timesonline.co.uk

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others – WLR Daily

R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390

In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral evidence in the proceedings.”

WLR Daily, 16th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Judges rule on witness anonymity – BBC News

“Emergency laws to protect the anonymity of witnesses do not allow them to have their evidence read out in their absence, appeal judges have ruled.”

Full story

BBC News, 13th December 2008

Source: www.bbc.co.uk

How the law protects victims and their families from ‘jigsaw’ identification – The Times

“The daughters who were raped by their father, and their surviving children, are protected in law from being identified because of the anonymity granted to victims of sexual offences.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph

“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”

Full story 

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

In re Times Newspapers Ltd and Another – Times Law Reports

In re Times Newspapers Ltd and Another

Courts-Martial Appeal Court

“To be entitled to make any order for anonymity for all or any of a number of defendants in a case in which no applicable statute provided a power justifying such an order, a court had to have regard to the relevant tests identified at common law, namely, whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

The Times, 31st October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Times Newspapers Ltd and another – WLR Daily

In re Times Newspapers Ltd and another [2008] EWCA Crim 2396; [2008] WLR (D) 331

For a court to order the anonymisation of defendants’ names in a case in which no applicable statute provided a power justifying such an order, careful regard would have to be had to the relevant tests identified at common law, viz whether, absent such an order, the administration of justice would be seriously affected or there was a real and immediate risk to the life of any of the defendants.”

WLR Daily, 28th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SAS troops may be named at inquests after new ruling – Daily Telegraph

“Special Forces soldiers who die in action could be named in inquests after a coroner overturned a ruling to allow the identification of two dead troops.”

Full story

Daily Telegraph, 29th July 2008

Source: www.telegraph.co.uk

New witness rules introduced to protect trials – The Times

“Tighter rules on when witnesses can claim anonymity in court were issued yesterday to ensure that trials are not undermined because defendants do not know the identity of witnesses.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Times wins ruling over secrecy of family court – The Times

“Details of private family court proceedings that led to a mother fleeing the country with her son after he was placed in foster care have been disclosed after legal action by The Times.”

Full story

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Witness anonymity bill is passed – BBC News

“Emergency legislation to allow witnesses in sensitive criminal trials to give evidence anonymously has cleared Parliament.”

Full story

BBC News, 16th July 2008

Source: www.bbc.co.uk

Podcast 67: R v Davis – Witness Anonymity with Andrew Keogh – Charon QC

“On the 18th June the House of Lords handed down their opinions
IN THE CAUSE
R v Davies (Appellant) (On appeal from the Court of Appeal (Criminal Division))

I quote from the speech of Lord Bingham, the senior law lord at paragraph 5 : ‘It is a long-established principle of the English common law that, subject to certain exceptions and statutory qualifications, the defendant in a criminal trial should be confronted by his accusers in order that he may cross-examine them and challenge their evidence.’

Today I am talking to Andrew Keogh, a barrister, published author and author of the White Rabbit blog about the case and the proposed anonymity legislation”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Changes to prosecution witness anonymity rules may not save trials – The Times

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Cases ‘at risk’ without anonymity – BBC News

“A ‘large number’ of court cases could be ‘at risk’ if judges do not have the power to grant anonymity to witnesses, MPs and peers have been told.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 – The Bar Council

“The Bar Council has prepared a Parliamentary Briefing on the Criminal Evidence (Witness Anonymity) Bill 2008 which is being taken through its Commons Second Reading stage tomorrow, Tuesday 8 July 2008.”

Parliamentary Briefing Paper (PDF)

The Bar Council, 7th July 2008

Source: www.barcouncil.org.uk

Straw unveils witness legislation – BBC News

“Emergency legislation to restore trial judges’ powers to grant anonymity to witnesses has been unveiled by Justice Secretary Jack Straw. ”

Full story

BBC News, 3rd July 2008

Source: www.bbc.co.uk

Jean Charles de Menezes inquest: 44 police officers granted anonymity – Daily Telegraph

“All 44 police officers who applied for anonymity at the inquest into the death of Jean Charles de Menezes will have their identity kept secret using a screen and code-names, it was ruled on Monday.”

Full story

Daily Telegraph, 30th June 2008

Source: www.telegraph.co.uk


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