The recent media scandal involving British peer, Lord McAlpine (pictured above) who threatened to sue the BBC, ITV and thousands of Twitter users over false accusations of pedophilia is discussed over at Inforrm’s Blog: (more…)
Archive for the ‘English law’ Category
Lord McAlpine and Twitter Libel: Does failing to sue when a libel is first published raise a defence of waiver, estoppel or acquiescence?November 20, 2012
The Convention between Canada and the United Kingdom For The Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, 1984, [the "Convention"]   applies to judgments rendered by the Federal Court of Canada and all reciprocating common law provinces and territories. In Ontario, the Convention is called the Reciprocal Enforcement of Judgments (U.K.) Act, RSO 1990, c R.6 ["REJUKA"] which is the only bi-lateral enforcement convention to which Ontario is a party. REJUKA does not apply to the following types of orders or judgments:
(a) orders for the periodic payment of maintenance;
(b) the recovery of taxes, duties or charges of a like nature or the recovery of a fine or penalty;
(c) judgments given on appeal from decisions of tribunals other than courts;
(d) judgments which determine
(i) the status or legal capacity of natural persons;
(ii) custody or guardianship of infants;
(iii) matrimonial matters;
(iv) succession to or the administration of the estates of deceased persons;
(v) bankruptcy, insolvency or the winding up of companies or other legal persons;
(vi) the management of the affairs of a person not capable of managing his own affairs.
REJUKA provides for a “simple and rapid” procedure for registration of the UK judgment, without having to commence a civil action on the original debt. Article IV sets out the various grounds for refusal or setting aside registration of the UK judgment. Article V deals with establishing jurisdiction of the UK court in granting the original UK judgment.
The relative ease of enforcing UK judgments under REJUKA is highlighted in the Court of Appeal for Ontario decision in Tarlo Lyons v. Gauthier, 2012 ONCA 39 (CanLII) (S.C.C. application for leave to appeal denied, (34723) , July 12, 2012). The appeal panel’s brief endorsement reads: (more…)
The Quebec court decision in Conseil québécois sur le tabac et la santé c. JTI-MacDonald Corp., 2011 QCCS 2376 (CanLII), involved an application for letters rogatory in two tobacco industry class actions (recently settled on July 4, 2011, between the Plaintiffs and the Government of Canada. The Defendants had no part in this Agreement.)
The class plaintiffs sought to examine two attorneys: John Meltzer of London, England and David Schechter of Louisville, Kentucky, USA , whom they alleged were involved directly or indirectly with the spoliation of evidence (destruction of documents) by Imperial Tobacco Canada Ltee (“ITL”) during the early 1990′s: Mr. Meltzer, then of the firm Lowell, White, Durrant, acted as outside counsel to British American Tobacco (“BAT“) and Mr. Schechter appears to have been in-house counsel at Brown and Williamson (“B&W“).
The Plaintiffs sought an order compelling each Attorney “to appear (near his place of business) to be examined, by way of a videoconference, by the attorneys for Petitioners on all facts of which he has knowledge with respect to the litigation between the parties and to give communication of any documents that may be in his possession and which are relevant to this litigation”. (more…)
Briefly, the underlying case is CTB v. News Group Newspapers Ltd. et al. which is an English High Court Queen’s Bench Division judgment arising from litigation between an “anonymous” English premier league footballer, “CTB” and defendants News Group Newspapers Limited and Imogen Thomas. On 14 April 2011, Mr Justice Eady granted first a temporary injunction prohibiting the naming of the footballer in the media, which injunction was extended on April 21st, 2011. The injunction initially sought to prevent details of an extra-marital relationship between the married footballer CTB and Ms Thomas – from being published in the London newspaper, The Sun and was based on Article 8 of the European Convention on Human Rights, which guarantees an individual’s right to privacy. CTB v News Group Newspapers Ltd et al.  EWHC 1232 (QB) (16 May 2011) is analysed in depth by Edward Craven at Inforrm’s Blog: Case Law: CTB v News Group Newspapers: privacy law and the judiciary.
- Tim Lowles’ take at Inforrm’s Blog, Opinion: “CTB and Imogen Thomas, Eady versus the Tabloid Press?” ;
- Love and Garbage Blog: Don’t say I didn’t tell you so – superinjunctions, anonymised injunctions and Scotland and
- Charon QC’s UK Law Blog: Postcard from The Staterooms: ********** Edition
Since then, Twitter is abuzz about the news that CTB has commenced another action in the English court, this time against Twitter, Inc. to disclose the identities of some of its anonymous account holders alleged to have breached Justice Eady’s injunctive order by disclosing the claimant’s identity:. The case is styled: CTB -v- Twitter, Inc. and Persons Unknown (Case No. HQ11XO1814. Read Charles Russell’s CRITique blog for a great summary here.
Unlike some others, I respect the Rule of Law and choose not to identify “CTB” in breach of Justice Eady’s injunctive order, irrespective of whether, in my opinion, any such order is unenforceable contra mundum. (more…)