Carina Trimingham v Associated Newspapers: A Right to Ridicule?

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Abstract:

This article analyses Tugendhat J's decision in Carina Trimingham v Associated Newspapers. Focusing in particular on Tugendhat J's findings in relation to the Protection from Harassment Act 1997, the article questions the judge's approach to the issues of the claimant's expectation of privacy, the causes of her distress, and the defendant's awareness of her distress. While the claimant's conduct in court made it unlikely that she would succeed in the action, the authors argue that Tugendhat J should have taken the opportunity to signal that repeated references to a person's sexuality sandwiched between offensive comments about that person's appearance are not acceptable and are capable of amounting to harassment.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JML.4.2.309

Publication date: December 1, 2012

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