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31 July 2008
Issue: 7332 / Categories: Legal News , Human rights
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Mosley ruling will shackle free speech

Legal news

The High Court ruling that the News of the World (NoW) breached the privacy of F1 boss, Max Mosley, when it ran a story claiming that a sadomasochistic orgy he took part in had a Nazi theme, has “clapped legitimate investigative journalism in irons”, says media lawyer Mark Stephens.

Mr Justice Eady ruled that Mosley “had a reasonable expectation of privacy in relation to sexual activities (albeit unconventional) carried on between consenting adults on private property”.

There was no evidence, the judge said, that Mosley’s romp with five women “was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes”, as intimated by the NoW.

The NoW faces a legal bill of almost £1m after the judge ordered it to pay damages and Mosley’s legal costs, plus its own.

Stephens, head of media at Finers Stephens Innocent, says: “Mr Justice Eady’s judgment makes a clear and unequivocal finding that there were no Nazi overtones to the S & M ‘scene’ captured on film by the NoW. This leaves the media trembling as Mr Mosley now threatens to wield the libel cane over the rest of the media who followed the NoW into this story. The name Mosley now, it seems, will be uttered in the same breath as McCann and Murat,” he adds.
 

Issue: 7332 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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