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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Information - From: 1990 To: 1990This page lists 6 cases, and was prepared on 08 August 2015. W -v- Egdell [1990] 1 Ch 359 1990 CA Bingham Health Professions, Information A prisoner complained that a psychiatrist employed by him to support in the hospital disclosed the results of his assessment. Held: The appeal failed. There was no sufficient duty of confidence to prevent the health professional disclosing that he thought the prisoner likely to continue to represent a risk to others: "It has never been doubted that the circumstances here were such as to impose on Doctor Egdell a duty of confidence owed to W. He could not lawfully sell the contents of his report to a newspaper, as the judge held..... nor could he without a breach of the law as well as professional etiquette, discuss the case in a learned article or in his memoirs or in gossiping with friends, unless he took appropriate steps to conceal the identity of W." 1 Cites 1 Citers Kaye -v- Robertson [1991] FSR 62; (1991) 19 IPR 147 16 Mar 1990 CA Glidewell, Bingham, Leggatt LJJ Torts - Other, Information 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." 1 Citers Community Charge Registration Officer of Rhondda Borough Council -v- Data Protection Registrar [1990] UKIT DA90_25492 11 Oct 1990 IT Information [ Bailii ] CCRO Rhondda Borough Council -v- The Data Protection Registrar DA/90 25/49/2 11 Oct 1990 DPT Information [ IC ] Community Charge Registration Officers of Runnymede Borough Council -v- Data Protection Registrar [1990] UKIT DA90_24493 27 Oct 1990 IT Information [ Bailii ] CCROs x3 Rhondda Borough Council -v- The Data Protection Registrar DA/90 24/49/3; DA/90 24/49/4; DA/90 24/49/5 27 Oct 1990 DPT John Spokes Information [ IC ] |
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