Henderson v Walker

Question 1

Facts

Answer 1

Henderson was the business man that went bust, Walker was the liquidator when one of Henderson’s companies went broke. Henderson wanted compensation after Walker came across hundreds of private emails and used them against Henderson in the liquidation proceedings.

Question 2

Highly Offensive?

Answer 2

Assessed from perspective of a reasonable person in the shoes of the plaintiff as opposed to a reasonable bystander. What was the circumstances of the publication and was the nature of relationship between the two parties already strained?

Question 3

Publicity

Answer 3

Court has changed since Hosking. The cases doesn’t necessarily have to be widespread for it to be an intrusion of privacy.

Question 4

Common Law

Answer 4

The more limited the audience, the more difficult to satisfy the ‘highly offensive’ element.