EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014
Reasons for grant of privacy injunction and anonymity order Judges: Tugendhat J Citations: [2011] EWHC 3133 (QB) Links: Bailii Litigation Practice Updated: 29 September 2022; Ref: scu.449395
Appeal from rejection of claim in defamation Citations: [2019] EWCA Civ 852 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Serafin v Malkiewicz and Others QBD 24-Nov-2017 Claim for damages and injunctive relief in the torts of libel and misuse of private information in connection with an article published in October 2015 in … Continue reading Serafin v Malkiewicz and Others: CA 17 May 2019
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
The complainant requested information relating to the ICO’s investigation into the unlawful trade in confidential personal information which was known as Operation Motorman. This included within its scope the names of journalists, the names of publications and types of data linked to transactions identified in the ‘What Price Privacy Now’ report. It also included the … Continue reading Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999
ICO The complainant requested information from the ICO arising from a complaint he had made to the ICO under the Privacy and Electronic Communications Regulations 2003. The complainant was provided with the recorded information the ICO held that answered the request. The complainant continued to consider that the ICO held more information than had been … Continue reading Information Commissioner (Decision Notice): ICO 2 Mar 2010
Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission relating to the quantities and delivery times of BioNTech’s COVID-19 vaccines – Action for annulment – Explicit decision adopted after implicit refusal of access – Absence of lis pendens due to the inadmissibility of another action – Partial refusal of access – … Continue reading Saure v Commission (Judgment) 448: ECFI 7 Sep 2022
Access to documents – Regulation (EC) No 1049/2001 – Correspondence from the Commission relating to the quantities and delivery times of BioNTech’s COVID-19 vaccines – Action for annulment – Explicit decisions adopted after implicit refusal of access – Absence of lis pendens due to the inadmissibility of another appeal – Total and partial refusal of … Continue reading Saure v Commission (Judgment) 651: ECFI 7 Sep 2022
Appeal against a Monetary Penalty Notice and served on the Appellant in the sum of pounds 110,000 (the ‘MPN’). The MPN was issued by the Information Commissioner (‘the Commissioner’) in respect of a contravention of regulation 21 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. Citations: [2022] UKFTT 299 (GRC) Links: Bailii Jurisdiction: … Continue reading UK Platinum Home Care Services Ltd v Information Commissioner: FTTGRC 26 Aug 2022
(Trinidad and Tobago) The appellant sought a declaration that his constitutional rights had been infringed. He had bought a car. When told it may be stolen, he took it to the police station, but after he heard nothing and it was not returned. He alleged that he had been deprived of his property in breach … Continue reading Thakur Persad Jaroo v Attorney-General of Trinidad and Tobago: PC 4 Feb 2002
ECFI Access to documents – Regulation (EC) No 1049/2001 – Reserve list in an open competition and decisions regarding the appointment of officials – Refusal of access – Exception relating to the protection of privacy and the integrity of the individual – Protection of personal data – Regulation (EC) No 45/2001. Citations: T-161/04, [2011] EUECJ … Continue reading Jordana v Commission: ECFI 7 Jul 2011
The claimant complained that the defendant had published his name as a suspect in terrorist activities. He had been released without charge, but the defendant had not published that fact. The court was now asked whether he had a reasonable expectation of privacy in respect of his arrest. Judges: Warby J Citations: [2020] EWHC 3541 … Continue reading Sicri v Associated Newspapers Ltd: QBD 21 Dec 2020
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
The police took secret videos of defendants whilst in the cells at the local Magistrates Court. The prosecution later sought to use the videos in identifying the defendants as participants in another crime. The filming was both unlawful under the Act, and an improper invasion of their privacy. The making of a video was included … Continue reading Regina v Loveridge, Regina v Lee; Regina v Loveridge: CACD 11 Apr 2001
The claimant had failed in her discrimination claim, and now sued solicitors employed to conduct the defence of the claim alleging a course of conduct in which the defendants committed the torts of libel, malicious falsehood, harassment, negligence, breach of confidence, and breach of her privacy and data protection rights. She also claimed exemplary damages … Continue reading Ameyaw v McGoldrick and Others: QBD 12 Nov 2020
The defendant resisted an order preventing disclosure of information said by the claimant to be private. Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. Subject to its right to apply to discharge or vary the order, NGN had agreed … Continue reading MNB v News Group Newspapers Ltd: QBD 9 Mar 2011
The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material. Held: The application failed. The claimant had stated that the balance of the material did not relate to the case, and in the absence of evidence to the contrary … Continue reading Paddick v Associated Newspapers Ltd: QBD 10 Dec 2003
The claimants had made application for tapes held by the respondent to be released. The claimant offered undertakings as to their preservation, and agreement had been reached. The outstanding issue was as to costs. The tapes were recorded by the claimant of the late Diana, Princess of Wales. Held: To justify retention of a document, … Continue reading Settelen and Another v Commissioner of Police of the Metropolis: ChD 29 Sep 2004
The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996
The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and … Continue reading Gillberg v Sweden: ECHR 2 Nov 2010
There are three steps in every case where a party seeks disclosure from a third party: ‘(1) First it has to be shown that the documentation is likely to support the case of the applicant or adversely affect the case of the respondent. The word ‘likely’ has been interpreted by the Court of Appeal in … Continue reading Clifford v NGN Ltd and Mulcaire: ChD 3 Feb 2010
ECJ (Approximation Of Laws) Failure to fulfill obligations – Directive 2006/24/EC – Protection of Privacy – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period. Citations: [2010] EUECJ C-189/09 Links: Bailii Statutes: Directive 2006/24/EC Jurisdiction: European Information Updated: 23 August 2022; … Continue reading Commission v Austria C-189/09: ECJ 29 Jul 2010
The defendant appealed against his convictions on allegations of mortgage fraud conspiracy. Two jurors had been discharged after retirement, and the defendant Said that the remaining jurors should have been warned not to take account of any comments previously made by the two departing jurors. Held: No such direction was needed. It would be impossible … Continue reading Carter, Regina v: CACD 4 Feb 2010
ECJ Judgment – Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Obligation to state reasons – Rights of the defense – Right to effective judicial protection – Manifest error of assessment – Right to property – Right to respect privacy – Proportionality Citations: T-443/13, [2016] EUECJ T-443/13, ECLI:EU:T:2016:27 Links: … Continue reading Makhlouf v Council: ECFI 21 Jan 2016
A child’s stepfather obtained an order preventing publication of a book about the child. Held: The circumstances were novel, but ‘The court has power to protect the ward from any interference with his or her welfare, direct or indirect.’ There was no general remedy for infringement of privacy, because of the importance attached to freedom … Continue reading In re X (A Minor) (Wardship: Jurisdiction): CA 2 Jan 1975
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials. Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, … Continue reading Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010
The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had no jurisdiction. Held: The court at this stage should look no further than asking whether there … Continue reading Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others: ComC 18 Oct 2006
The taxpayer sought anonymity in the reporting of the case against her. Held: No, she could not be given anonymity.Henderson J said: ‘In determining whether it is necessary to hold a hearing in private, or to grant anonymity to a party, the court will consider whether, and if so to what extent, such an order … Continue reading HM Revenue and Customs v Banerjee (1): ChD 19 Jun 2009
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Photographs were taken of Sir Elton John in a London street outside his home. They showed him dressed in a tracksuit and wearing a baseball cap but were otherwise innocuous. Held: The court refused to grant an injunction on the basis that Sir Elton John could have no reasonable expectation of privacy in respect of … Continue reading John v Associated Newspapers Ltd: QBD 23 Jun 2006
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
UTTC FINANCIAL SERVICES – Decision Notice refusing permission for authorisation to carry on debt adjusting and debt counselling activities – giving of Decision Notice terminated Applicant’s Interim Permission to carry on those activities – Application for direction to suspend effect of Decision Notice until reference disposed of -whether Tribunal satisfied that the direction to suspend … Continue reading Money Matcher Ltd v The Financial Conduct Authority: UTTC 13 Apr 2016
Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019
Application for transfer of claim from QBD to TCC. Akenhead J considered an application to transfer a claim from the Chancery Division to the Technology and Construction Court. After reviewing the authorities, he said: ‘It is probably unnecessary to enter into a debate as to precisely what the pre-CPR test was for the transfer of … Continue reading NATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another: TCC 16 Oct 2009
The applicant had been an employee. In the course of a dispute with her employer, she discovered that the principal had been collecting information about her telephone calls, emails and internet usage. Held: The collection of such material without any explicit legal power by her employer, as a statutory body, was an abuse of her … Continue reading Copland v The United Kingdom: ECHR 3 Apr 2007
Application was made by the successful defendant for the committal of the claimant for breach of court orders consequent on the loss. Held: Mr Allason was in contempt, but should be given a further short opportunity to comply. Neuberger J said: ‘Freezing orders and disclosure orders, such as that made by Lloyd J, are a … Continue reading Allason and Another v Random House (UK) Ltd (No.2): ChD 19 Apr 2002
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
A lawyer complained that a search of his offices was an interference with his private life. Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his own personal life as he chooses and to exclude therefrom entirely the … Continue reading Niemietz v Germany: ECHR 16 Dec 1992
An application was made for the continuation and extension of a reporting restriction order. The parents of the children were themselves under age, and there had been intense media interest. Held: A privacy injunction was refused even after an avalanche of publicity about a 12-year-old boy who was (wrongly) alleged to have impregnated a 15-year-old … Continue reading In re Stedman: FD 18 May 2009
The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his attackers Asian. The claimants sought disclosure of the school’s disciplinary records unredacted so that … Continue reading Webster and Others v The Governors of the Ridgeway Foundation School: QBD 21 May 2009
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused. Held: There was no engagement of the applicants’ art 8 rights to privacy. Even if there was, the keeping of … Continue reading Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002
Sir Robert Megarry V-C criticised an approach to litigation which amounted to: ‘ A desire to investigate alleged obscurities and a hope that something will turn up on the investigation cannot, separately or together, amount to sufficient reason for refusing to enter judgment for the plaintiff. You do not get leave to defend by putting … Continue reading The Lady Anne Tennant v Associated Newspapers Ltd: ChD 1979
ECHR Judgment : Right to respect for private and family life : Fifth Section Articles aimed solely at satisfying the curiosity of a particular readership regarding the details of a person’s private life, however well-known that person might be, cannot be deemed to contribute to any debate of general interest in society. Citations: 18068/11, [2020] … Continue reading Dupate v Latvia: ECHR 19 Nov 2020
Dispute over the authorship of the screenplay of a film. Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material matters and applied incorrect legal standards to the assessment of the sufficiency of Ms Kogan’s contributions. … Continue reading Kogan v Martin and Others: CA 9 Oct 2019
Combined summary judgment and strikeout application made by the defendant in this managed litigation in which large numbers of individuals sue the defendant for invasions of their privacy by unlawful information gathering. The prime techniques of unlawful information gathering alleged against the defendant are voicemail interception (‘phone hacking’) and instructing private investigators to obtain information … Continue reading Various 3rd Wave Claimants v MGN Ltd: ChD 2 Aug 2019
The claimant’s eviction had been filmed and broadcast by the defendants. They succeeded in an award of pounds 10,000 damages for breach of their rights of privacy. The parties cross appealed against the sum awarded and the finding respectively. Held: Both appeals failed.Where there is a rational view by which publication can be justified in … Continue reading Ali and Another v Channel 5 Broadcasting Ltd: CA 16 Apr 2019
Decision as to costs after findings of misuse of private information Judges: Arnold J Citations: [2018] EWHC 840 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Ali and Another v Channel 5 Broadcast Ltd ChD 22-Feb-2018 The claimants said that a filming of their eviction from property was an invasion of their … Continue reading Ali and Another v Channel 5 Broadcast Ltd: ChD 19 Apr 2018
The claimants said that a filming of their eviction from property was an invasion of their privacy. Held: The Claimants did have a reasonable expectation of privacy in respect of the information included in the Programme about which they complain. The justification relied upon for interfering with their Article 8 rights was that the Programme … Continue reading Ali and Another v Channel 5 Broadcast Ltd: ChD 22 Feb 2018
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
Copyright in private letters remained even after transmission and an injunction could be granted to prevent further repubication. However here where the defendant was relying upon the letters to disprove false allegations made against him, that copyright dissolved. Citations: [1813] EngR 380, (1813) 2 Ves and Bea 19, (1813) 35 ER 225 Links: Commonlii Jurisdiction: … Continue reading Lord And Lady Perceval v Phipps: 3 Jun 1813
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 opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
(US Second Circuit) The judge discussed the difficulty in copyright cases in drawing the line between the taking of general concepts and copying in an infringing manner: ‘Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is … Continue reading Nichols v Universal Pictures Co: 1930
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied. Held: The first step in a copyright action is for the claimant to identify what work or works he relies on. … Continue reading IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004
W, a child of 14 sought judicial review of an order to remove persons under the age of 16 from dispersal areas in Richmond. Held: The issue was whether the power given to police to remove youths was permissive or coercive. The power given ‘is exercisable whenever a person who is believed on reasonable grounds … Continue reading Regina on the Application of PW v Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames: Admn 20 Jul 2005
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and disclosures had been confidential. The defendants appealed against a refusal to strike out the claim. Held: The … Continue reading Stephens v Avery: ChD 1988
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. Angela Roddy said that she had ‘Gillick capacity’ and that … Continue reading Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers: FD 2 Dec 2003
The claimant, a celebrity sought to restrain publication by the defendant of information about his sex life, consisting of pictures of him in a brothel. The court considered the test for the grant of an injunction to restrain publication under the 1998 Act. Held: The court could not see how the approach required by section … Continue reading Theakston v MGN Ltd: QBD 14 Feb 2002
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
Defendant’s application for strike out elements of claimant’s case – granted in part. Held: The court summarised the core principles in considering an application to strike out a defence, saying that it: ‘ . . calls for analysis of the statement of case, without reference to evidence. The primary facts alleged are assumed to be … Continue reading Duchess of Sussex v Associated Newspapers Ltd: ChD 1 May 2020
Application by the Claimant to strike out the defence or, alternatively, for summary judgment to be entered in the Claimant’s favour and for a permanent injunction. Held: Summary judgment given. It was not necessary to resolve all the factual issues before concluding with ‘no hesitation’ that the claimant’s privacy rights would ‘far outweigh’ the free … Continue reading BVG v LAR: QBD 21 Apr 2020
Claim for misuse of private information. The central issue is whether the Claimant can have a reasonable expectation of privacy in information that relates to a criminal investigation into his activities. Judges: Nicklin J Citations: [2019] EWHC 970 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – ZXC … Continue reading ZXC v Bloomberg LP: QBD 17 Apr 2019
Mr Candy claimed remedies for what he alleged were completed or threatened wrongs in the form of breach of confidence, misuse of private information, and breach of the Data Protection Act 1998 (‘DPA’) against five defendants, one of whom had filmed the claimant misbehaving whilst intoxicated, and threatened to publish it. Judges: Warby J Citations: … Continue reading Candy v Holyoake and Others: QBD 2 Mar 2017
The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher. Held: Leave to appeal was refused. The matter having been settled between the direct parties, it would be wrong to continue them for … Continue reading Hutcheson v Popdog Ltd and Another: CA 19 Dec 2011
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim. Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable expectation of privacy Judges: Lord Neuberger MR, Etherton, Gross LJJ Citations: [2011] EWCA Civ 808, [2012] EMLR … Continue reading Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others: CA 19 Jul 2011
The defendant insurers appealed against refusal of summary judgment in its favour in defending a claim under a policy. The claimants premises had been burgled. The insurer said that the claimant had failed to respect warranties given by it as to security. The insurers had said they were conditions, breach of which suspended the cover. … Continue reading AC Ward and Son v Catlin (Five) Ltd and Others: CA 10 Sep 2009
Claims in slander, harassment and breach of confidence. Judges: Gray J Citations: [2003] EWHC 1325 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Maccaba v Lichtenstein (expectation of Privacy) QBD 2-Jul-2004 Gray J considered whether an expectation of privacy arose in a letter sent to another person: ‘as a general rule correspondence … Continue reading Maccaba v Lichtenstein: QBD 15 Apr 2003
Ruling on the question whether the slanders of which the Claimant complains in this action were uttered by the Defendant on occasions protected by qualified privilege. Judges: Gray J Citations: [2004] EWHC 1577 (QB), [2005] EMLR 9, [2005] EMLR 206 Links: Bailii Statutes: Defamation Act 1952 2 Jurisdiction: England and Wales Citing: See Also – … Continue reading Maccaba v Lichtenstein (Privilege): QBD 2 Jul 2004
Ruling on the application by the Defendant that judgment be entered in his favour in relation to the claim against him in slander. The basis of the application is in short that no special damage is alleged to have been suffered by the Claimant and that this is not one of the category of cases … Continue reading Maccaba v Lichtenstein (No Special Damage): QBD 2 Jul 2004
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
Application for summary judgment. Held: Granted Judges: Mr Justice Blackburne Citations: [2006] EWHC 522 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – HRH the Prince of Wales v Associated Newspapers Ltd ChD 13-Jan-2006 The claimant had for many years kept private journals, whose contents were circulated within a small circle of friends. … Continue reading HRH the Prince of Wales v Associated Newspapers Ltd.: ChD 17 Mar 2006
Appeals were made against interlocutory injunctions for alleged trade mark infringement. Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the time of the application, where reasonable grounds exist for believing that a fuller investigation into the facts … Continue reading Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006
The court was aksed, where a claim for damages for libel and slander is dismissed because the sting of the defamation is defeated by the defence of justification, can the same remarks nonetheless found a claim for breach of the claimant’s Article 8 right to respect for his privacy and reputation? Judges: Ward, Sedley, Longmore … Continue reading H v Tomlinson: CA 13 Nov 2008
(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month old twins being pushed down a street by their mother. Mr and Mrs Hosking sought injunctions to prevent publication of the photograph relying on a … Continue reading Hosking and Hosking v Simon Runting and Another: 25 Mar 2004
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The defendant argued that the claimant’s right to a private life was overborn by greater public interest. … Continue reading Mosley v News Group Newspapers Ltd: Admn 1 Jul 2008
The defendant could not be convicted of voyeurism under the 2003 Act for having watched a male’s breasts in a situation where that person might have expected privacy. Judges: Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell Citations: [2008] EWCA Crim 1174, Times 18-Jun-2005 Links: Bailii Statutes: Sexual Offences Act 2003 68(1)(a) Jurisdiction: … Continue reading Bassett, Regina v: CACD 14 May 2008
Tribunal practice – reliance on specialist knowledge of tribunal member not disclosed to the parties – whether breach of the rules of natural justice The claim was in respect of invalidity benefit. On 8 August 1989 an adjudication officer decided on review that from 22 August 1989 the claimant had not proved that he was … Continue reading (Un-named): SSCS 18 Jan 1993
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case. Held: The court discharged the injunction granted at first instance and held that … Continue reading Marcel v Commissioner of Police of the Metropolis: CA 1992
LT RESTRICTIVE COVENANT – modification – proposed development of two pairs of semi-detached houses – affordable housing for local needs – practical benefits of substantial value or advantage – privacy – peace and tranquillity – outlook – approach – compensation -application granted – Law of Property Act 1925, ss84(1)(aa) and (c). Citations: [2009] EWLands LP … Continue reading Land On the North West Side Of Ashes Lane, Re: LT 10 Mar 2009
ECJ Directive 95/46/EC – Protection of individuals with regard to the tax treatment of private data character data on income and wealth – Freedom of Expression Media Privilege personal Privacy Judges: Kokott AG Citations: C-73/07, [2008] EUECJ C-73/07 – O Links: Bailii Statutes: Directive 95/46/EC Jurisdiction: European Cited by: Opinion – Tietosuojavaltuutettu v Satakunnan Markkinaporssi … Continue reading Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 8 May 2008
ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008
The landowner applied for planning permission to erect an extension. The Inspector rejected the application on the basis that the privacy and outlook of the neighbouring property would be adversely affected. His inspection had been limited, and had incorrectly thought that the neighbour’s land included a patio area when it was in fact a flat … Continue reading McGowan v Secretary of State for Transport, Local Government and the Regions: Admn 18 Mar 2002
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010
