C v Holland

Question 1

Access v Accessibility

Answer 1

Is it accessible to everyone? Or have they been handed access?

Question 2

Facts.

Answer 2

The plaintiff sued for a privacy breach. Holland was the owner of the house, the plaintiff was a girlfriend of their flat mate. Holland had put a video camera in the bathroom and recorded the girl in various states of dress and undress.

Question 3

What was the remedy?

Answer 3

Intrusion into seclusion was the tort being relied upon.

Question 4

Plaintiff’s Case

Answer 4

“The principles in Hosking can and should be developed to apply to the present facts, with the result that the defendant should be liable to the plaintiff for his violation of the plaintiff’s privacy”

Question 5

Defendant’s Case

Answer 5

“An action based on the tort of infringement of privacy rights requires publicity of private facts. There is no publicity in this case”

Question 6

Intrusion into Seclusion

Answer 6

An intentional and unauthorised intrusion.
“An affirmative act, not an unwitting or simply careless intrusion”.

Question 7

Into Seclusion

Answer 7

Namely intimate personal activity, space or affairs.

Question 8

Relevant Factors

Answer 8

Place. Method and degree of intrusion. One off or repeated, more likely to succeed because it’s a reoccurring problem.