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ASSESSING DAMAGES FOR BREACHES OF RESTRICTIVE COVENANTS – NEW SUPREME COURT RULING

The Supreme Court has recently issued guidance for assessing damages in claims for breach of restrictive covenants.  See here for the press summary and here for the full judgment. The Supreme Court held that the trial judge and the Court of Appeal had adopted the wrong approach.  The gist of the claimant’s case was that it suffered financial loss in the form of lost profits and goodwill.  Whilst…

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ENOCH POWELL; CENSORSHIP & MODERN HATE SPEECH LAWS

50 years after the event, Enoch Powell’s ‘Rivers of Blood’ speech is causing controversy, thanks to complaints by Labour Peer, Andrew Adonis about the BBC’s plan to play the speech as part of a documentary which will analyse it and discuss the subject matter. Adonis does not believe the BBC should broadcast the actual speech.  He has been told that…

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LEGISLATING AGAINST SOFT ATTACKS ON FREE SPEECH – PART III – BOYCOTTS

This is the final part of a 3 part article, titled ‘Soft Attacks on Free Speech’ (see here for part II, which has a link to part I).  In this part I briefly look at boycotts and conclude that whilst they can sometimes be regarded as contemptible, with false justifications being provided for them, there should not be a law against…

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LEGILSATING AGAINST SOFT ATTACKS ON FREE SPEECH – PART II SERVICES

This is part 2 of a 3 part article about ‘Soft Attacks’ on free speech.  By ‘Soft Attacks’, I mean methods of curtailing free speech, other than via the criminal law or civil injunctions.  I am referring specifically to economic pressures that limit freedom of speech and arguments for legislating against this.  These are powerful pressures and thus the description…

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MARK MEECHAN CONVICTED FOR VIDEO OF SALUTING PUG – THE REACH OF ‘HATE SPEECH LAWS’

Mark Meechan has been convicted of a criminal offence by a Scottish Court, following a video he made involving his girlfriend’s pet pug, see here.  The video showed the pug performing Roman salutes to images of an NSDAP rally filmed at the 1936 Olympic Games.  The pug responded to Meechan’s statements such as “Sieg Heil” and “gas the Jews”. Meechan…

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SEX NOT A NECESSARY COMPONENT OF MARRIAGE

According to Mr Justice Munby in a recent judgment, sex is not a necessary component of marriage, see here.  He said that this judgment would surprise members of the public. It also surprised me, a lawyer but not a family practitioner.  I had always thought that a marriage could be annulled due to a lack of consummation, although perhaps this…

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