An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private information.
Held: The appeals were dismissed. The judge had correctly recognised that (i) the claimant had a reasonable expectation of privacy in relation to her paternity, (ii) respect for this expectation was in her best interests and (iii) considerable weight was to be attached to her best interests, but the particular circumstances of the case had changed the normal balance. The mother had herself been incautious, and ambivalent as to disclosing the information to members of the media she did not know at a social event.The judge’s assessment was unassailable, and she had correctly balanced the parties’ respective article 8 and 10 rights
Dyson MR, Tomlinson, Ryder LJJ
[2013] EWCA Civ 554
Bailii
European Convention on Human Rights 8 10
England and Wales
Citing:
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – ETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Cited – Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
Appeal from – AAA v Associated Newspapers Ltd QBD 25-Jul-2012
The claimant child sought damages and an injunction from and against the defendant newspapers, alleging harassment and breach of her privacy. At times there had been as many as ten reporters encamped outside her house. . .
First Instance Costs – AAA v Associated Newspapers Ltd QBD 31-Jul-2012
. .
Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509982 br>