Kaye v Robertson: CA 16 Mar 1990

A newspaper reporter and photographer invaded the (famouse) plaintiff’s hospital bedroom, purported to interview him and took photographs.
Held: The law of trespass provided no remedy because the plaintiff was not owner or occupier of the room and his body had not been touched. Publication of the interview was restrained by interlocutory injunction on the ground that it was arguably a malicious falsehood to represent that the plaintiff had consented to it. But no other remedy was available.
Glidewell LJ said: ‘The facts of the present case are a graphic illustration of the desirability of Parliament considering whether and in what circumstances statutory provision can be made to protect the privacy of individuals.’
He explained the ingredients of the tort of malicious falsehood: ‘The essentials of this tort are that the defendant has published about the plaintiff words which are false, that they were published maliciously, and that special damage has followed as the direct and natural result of their publication.’
Bingham LJ said: ‘The problems of defining and limiting a tort of privacy are formidable but the present case strengthens my hope that the review now in progress may prove fruitful.’


Glidewell, Bingham, Leggatt LJJ


[1991] FSR 62, (1991) 19 IPR 147, [1990] EWCA Civ 21




England and Wales

Cited by:

CitedMills v News Group Newspapers Limited ChD 4-Jun-2001
The applicant was in a relationship with Paul McCartney, and in view of attacks on other former Beatles, she sought to restrain publication of the address of a property she had contracted to buy. The newspaper had said it would not publish unless . .
CitedWainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
CitedDouglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Information

Updated: 07 June 2022; Ref: scu.183005