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GLOSSARY

Statement in open court definition

What does Statement in open court mean?

A statement in open court on settlement of action is an important mechanism for vindication for the claimant in, inter alia, libel proceedings and also for the correction of false and/or defamatory statements.

A party can apply for permission to make a statement in open court before or after they accept an offer to settle under CPR Pt 36, in accordance with CPR r 36.9(1). The statement has to be submitted for the approval of the court and must accompany the notice of application.

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Privacy law—remedies

This Practice Note focuses on the remedies available in respect of misuse of private information (whether it be for an actual or threatened publication or for the method by which personal information has been obtained) and breach of confidence (in the context of the disclosure of personal information).Damages and an injunction are the most common remedies sought. However, since the law relating to misuse of private information/breach of confidence covers a wide range of factual situations, the courts will adopt a flexible approach to remedies. What this means is that, on the facts of one case, an injunction preventing the threatened disclosure of information will be the most important remedy to give effect to the claimant’s right of privacy, whereas, in another case, the defendant may have already made an unauthorised disclosure of the information and received a commercial benefit from doing so. In the latter case, the appropriate remedies may be damages or an order for an account of the profits, an injunction to restrain any further publication and...

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Ireland—Letter of claim: newspaper report

This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...

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Lexis®PSL Dispute Resolution weekly highlights—7 January 2016

Happy New Year and welcome to the first weekly highlights of 2016 from the Lexis®PSL Dispute Resolution team. This week’s edition includes analyses of judgments and developments on a broad range of matters including: Part 36 costs consequences (Yentob); concurrent breach and concurrent causes of action (Capita (Banstead 2011); late amendments (Ali); anti-enforcement injunctions (Ecobank); adjudication (RMP Construction); Brussels I consumer provisions and related contracts (Rudiger Hobohm); similar facts evidence (Claverton Holdings); and, the implementation of the online dispute resolution (ODR) platform. We’ve also added more professional negligence Precedents to our suite. All this, and much more, in this week’s highlights.

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