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NEWS
TMT analysis: In this libel case, the defendants offered no substantive defences and instead sought to demonstrate that the claimant had not suffered serious harm to his reputation caused by their publication (as required by section 1 of the Defamation Act 2013 (DA 2013)). The claim succeeded with damages, an injunction and an order under DA 2013, s 12 granted. The case contains valuable discussion of the requirements of pleading pre-existing bad reputation as a counter to a plea of serious harm. It also exemplifies a successful plea of serious harm to reputation in circumstances where the claimant relied entirely on inference to make out his case. The judgment ends with useful application of the principles relating to damages and other remedies in defamation claims. A very substantial award of £150,000 was made in this case. Hector Penny is a barrister at 5RB Chambers.
NEWS
TMT analysis: This was an application to strike out the claim and/or for summary judgment in relation to the defendant’s defence of qualified privilege, in circumstances where the claimant’s plea of malice was argued to be unsustainable. The proceedings were a straightforward claim for libel arising from a notice published on a noticeboard and online and in a similarly worded leaflet. The application was considered solely through the lens of summary judgment, the judge having stated that his assessment of the pleadings, particularly as regards the plea of malice, was not dispositive and therefore that he did not consider that the case was appropriate to be struck out. The judge considered that the defence of qualified privilege did apply, and that the plea of malice had not been made out, such that the defendants were entitled to summary judgment. The judgment contains interesting comments about ‘reply-to-attack’ privilege and its applicability in the context of an anticipated attack followed by a public reply. The judgment also summarises the principles applicable to a plea of malice, and confirms the inherent difficulties of such a plea based on the defendants’ wish for retaliation or revenge. Written by Mathilde Groppo, senior associate at Carter-Ruck Solicitors.
NEWS
The Liberal Democrat party has published its manifesto for the General Election set to take place on 4 July 2024. The manifesto contains a number of announcements and policies for working people which the Liberal Democrats intend to introduce if they win the election. This news piece contains a summary of the key points.
NEWS
The Liberal Democrat party has published its manifesto for the General Election set to take place on 4 July 2024. The manifesto contains announcements and policies on pensions which the Liberal Democrats intend to introduce if they win the election. This news piece contains a short summary of the key points.
NEWS
The Liberal Democrat party has published its manifesto for the General Election set to take place on 4 July 2024. The manifesto contains a number of announcements and policies centred around immigration and asylum which the Liberal Democrats intend to introduce if they win the election. This news piece contains a summary of those key points.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 February 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the planned acquisition by Liberty Global of BASE Belgium (Case M.7637). The transaction involves horizontal and vertical overlaps in the telecommunications market in Belgium. Latest developments The Commission cleared the transaction subject to commitments on 4 February 2016. Under the commitments Liberty Global: • will sell BASE's share (50%) in Mobile Vikings, a MVNO that uses BASE's network, to Belgian broadcaster Medialaan • transfer part of BASE's customer base to Medialaan–BASE and Medialaan currently have an agreement under which BASE sells mobile services under the brand JIM Mobile, owned by Medialaan; Liberty Global will transfer the customers of the JIM Mobile brand to Medialaan • has concluded an agreement with Medialaan, giving it access to BASE's mobile network at conditions that will allow it to compete effectively as a full MVNO. The Commission is satisfied that the remedies address its concerns as they
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 24 February 2015; it is no longer maintained. See further, timeline, commentary and relevant/related cases. Case facts Outline European Commission merger investigation into the planned acquisition by Liberty Global of joint control of De Vijver Media (Case M.7194). The transaction involves horizontal and vertical overlaps in the TV market in Flanders, where Liberty Global controls a leading cable provider that also operates TV channels, and De Vijver Media which owns two TV channels. Latest developments The Commission cleared the transaction subject to commitments on 24 February 2015. The parties have committed to offer the following under fair, reasonable and non-discriminatory terms to any interested TV distributor in Belgium for a period of seven years: • to licence the channels View and Vijf • to licence any new basic pay-TV channel that De Vijver may launch in the future (basic pay-TV channels are those that are part of Telenet's basic channel package and that all or most subscribers receive) , and• De Vijver
PRACTICE NOTES
CASE HUB Archived—this archived case hub reflects the position at the date of the decision of 20 May 2021; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated joint venture between Liberty Global plc and Telefónica S.A to merge their UK operating businesses Virgin Media/Virgin Mobile and O2, respectively. The parties overlap in the provision of wholesale services to other mobile network operators in the UK. Latest developments On 20 May 2021, the CMA issued its final report, clearing the transaction unconditionally after an in-depth phase 2 investigation. Parties • Liberty Global plc (Liberty) owns Virgin Media and Virgin Mobile in the UK.• Telefónica S.A. (Telefónica) owns O2 in the UK Background Under the transaction, announced on 7 May 2020, Liberty and Telefonica will form a 50:50 joint venture to which both parties will contribute their UK businesses, Virgin Media (including Virgin Mobile) and O2 respectively. The transaction met the thresholds for notification under the EU Merger Regulation, and a notification was submitted to the European Commission on 30 September
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 October 2014; it is no longer maintained. See further, timeline, commentary and related/relevant cases. NOTE–this decision was annulled by the General Court on 26 October 2017 in Case T- 394/15 KPN v Commission. A second notification to the Commission was lodged in April 2018. Case facts Outline European Commission phase II merger investigation into the planned acquisition by Liberty Global of Ziggo (Case M.7000). The transaction involves horizontal overlaps in the markets for pay-TV and telecommunications in the Netherlands where the parties are two of the main players, and are the only two competitors in relation to the wholesale supply of premium pay-TV services. Latest developments The Commission cleared the transaction subject to commitments on 10 October 2014. The commitments accepted are:• Liberty Global will divest its Film1 channel to a third party purchaser—Liberty Global will have to carry Film1 on its pay-TV network for a period of three years to ensure an adequate level of competition on the market for
PRACTICE NOTES
CASE HUB ARCHIVED—this case hub reflects the position at the date of the decision on 23 June 2025; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of Dorna Sports by Liberty Media (M.11539). The transaction involves horizontal overlaps in the supply of licensing of broadcasting rights for motorsport content. Latest developments On 23 June 20205, the Commission cleared the transaction unconditionally following an in-depth phase II review. Parties • Liberty Media Corporation (Liberty Media)Liberty Media is headquartered in the US. It owns interests in a in a broad range of media, sports and entertainment businesses. Those businesses are attributed to two groups: the Formula One Group and the Liberty Live Group.• Dorna Sports, S.L. (Dorna Sports)Dorna Sports is headquartered in Spain. It is active in sports management, marketing and media. In particular, Dorna Sports is the organiser and the holder of exclusive commercial and television rights of the MotoGP since 1992. Background On 1 April 2024, Liberty Media announced that it had agreed to acquire
NEWS
Law360, London: An insurance company has rejected claims from the Hollywood Bowl chain seeking at least £32.5m for interruption caused by coronavirus (COVID-19), arguing the restrictions that lockdowns entailed were not covered by the policy's wording.
NEWS
Law360, London: A leased aircraft management company has issued another claim against an insurer over a plane stranded in Russia after the country's invasion of Ukraine, this time wanting US$15m from Liberty Mutual to cover the alleged losses.