Tag Archives: Daily Mail

Carina Trimingham drops Appeal

Carina TriminghamMuch to my disappointment, it was announced last month that Carina Trimingham’s well founded (in my view at any rate) appeal was withdrawn shortly before it was due to be heard.

It was widely recognised that the case raised important issues about the interaction between harassment, privacy and freedom of expression. I was not alone in considering that the conduct of the Daily Mail had been unacceptable and that the judgment of Tugendhat J was vulnerable.

A post on the Inforrm blog, suggests that it was withdrawn for financial reasons which is a great shame. I’d like to think that her lawyers might have been willing to conduct the case on a conditional fee basis (and if they weren’t she should have called me!) but that alone is not enough. Conditional fees only work if there is insurance against liability for your opponent’s costs (or you are willing to take an enormous risk) and if the Daily Mail were lining up the big guns, their costs risked being very significant.

So not only does this important issue not get the hearing it deserves but Carina Trimingham herself remains without a remedy for the vilification to which she was exposed and all for financial reasons. Shame.

Leave a comment

Filed under Cases, Harassment, News

Why Carina Trimingham deserved better

Carina TriminghamI have been trying for ages to do a piece about Trimingham v Associated Newspapers which was of interest because, albeit late in the day, she amended her claims to include one of harassment under the Protection of Harassment Act 1997 in addition to invasion of privacy.

The judgment is so long and detailed that it was very hard both to summarise effectively and also to include in a post of reasonable length, a discussion of some aspects which troubled me. Thankfully, I don’t need to worry about summarising any longer because the excellent Gervase de Wilde has done it for me on the equally excellent Inforrm’s Blog.

Taking that piece as read, I will focus on some of the rationale of the decision which I consider to be wrong and therefore troubling if it is going to be relied on in other cases. It should be noted that I do not manage to do this at reasonable length … Continue reading

2 Comments

Filed under Cases, Comment, Harassment