Privacy

Question 1

Privacy is not explicitly recognised as a tort in its own right

Answer 1

shown Wainwright v Home Office, Kaye v Robertson, more recently confirmed in Browne

Question 2

Wainwright v Home Office

Answer 2

strip and search of Cs

Question 3

Kaye v Robertson

Answer 3

actor was interviewed and taken photos off in hospital after suffering bad injuries in a car accident;
it seemed right to protect his privacy in these circumstances but court had to apply a scatter gun approach because privacy is not explicitly recognised as a tort and none of them was an effective way of protecting his right to be left alone

Question 4

actor was interviewed and taken photos off in hospital after suffering bad injuries in a car accident;
it seemed right to protect his privacy in these circumstances but court had to apply a scatter gun approach because privacy is not explicitly recognised as a tort and none of them was an effective way of protecting his right to be left alone

Answer 4

Kaye v Robertson

Question 5

Von Hannover v Germany

Answer 5

Due to s6 of the HRA which requires public authorities to positively protect convention rights the judges are required to develop the common law in a way that is consistent with the ECHR. This means judges are obliged to protect unjustifiable invasions of a persons privacy, which is protected under Art. 8 (limits o be drawn with Art. 10)

Question 6

Due to s6 of the HRA which requires public authorities to positively protect convention rights the judges are required to develop the common law in a way that is consistent with the ECHR. This means judges are obliged to protect unjustifiable invasions of a persons privacy, which is protected under Art. 8 (limits o be drawn with Art. 10)

Answer 6

Von Hannover v Germany

Question 7

It would be better left to partliament to create a free standing tort of privacy

Answer 7

Lord Hoffmann in Wainwright

Question 8

Lord Hoffmann in Wainwright

Answer 8

It would be better left to partliament to create a free standing tort of privacy

Question 9

breach of confidence action requirements (prior to recent developments)

Answer 9

1) confidential information
2) obligation of confidence
3) disclosure
originally employment towards 20th century broadening

Question 10

Stephens v Avery

Answer 10

no requirement of professional relationship or contractual relationship (friends secrets)

Question 11

no requirement of professional relationship or contractual relationship (friends secrets)

Answer 11

Stephens v Avery

Question 12

Spycatcher

Answer 12

Lord Goff in this case suggest that an obligation could arise due to the nature of the information, example: diary page blowing out -> must be really obvious though

Question 13

Lord Goff in this case suggest that an obligation could arise due to the nature of the information, example: diary page blowing out -> must be really obvious though

Answer 13

Spycatcher

Question 14

Defence to confidency where information is already in public domain to some extent (Tom Jones being roudy on the plane)

Answer 14

Woodward v Hutchins

Question 15

Woodward v Hutchins

Answer 15

Defence to confidency where information is already in public domain to some extent (Tom Jones being roudy on the plane)

Question 16

Tort for Misuse of private information is distinct from breach of confidence

Answer 16

Vidal-Hall & ors v Google Inc

Question 17

Vidal-Hall & ors v Google Inc

Answer 17

Tort for Misuse of private information is distinct from breach of confidence
there is no need to refer back to breach of confidence principles in assessing a PQ

Question 18

Campbell v MGN

Answer 18

Two step test (Lord Nicholls)

1) had the C reasonable expectation of privacy in relation to the information that has been disclosed
2) Are there countervailing factors which require that Ds right to freedom of expression should prevail

Question 19

Two step test (Lord Nicholls)

1) had the C reasonable expectation of privacy in relation to the information that has been disclosed
2) Are there countervailing factors which require that Ds right to freedom of expression should prevail

Answer 19

Campbell v MGN

Question 20

Murray

Answer 20

JK ROWLING BABY
Objective reasonable person test:
What would a reasonable person in position of D be entitled to expect in terms of protection of his/her privacy

Question 21

JK ROWLING BABY
Objective reasonable person test:
What would a reasonable person in position of D be entitled to expect in terms of protection of his/her privacy

Answer 21

Murray

Question 22

Weller

Answer 22

confirms that idea of expectation in Murray is an objective one

Question 23

confirms that idea of expectation in Murray is an objective one

Answer 23

Weller

Question 24

McKennit

Answer 24

Misuse of private information and breach of confidence are separate;
dicta suggests that misuse of private information claim could be based on false information

Private informarion are def:
intimate details, and helath information
intimate conversations which wouldnot be held in public

Question 25

Misuse of private information and breach of confidence are separate; dicta suggests that misuse of private information claim could be based on false information Private informarion are def: intimate details, and helath information intimate conversations which wouldnot be held in public

Answer 25

McKennit

Question 26

Douglas v Hello!

Answer 26

Public figures are entitled to private lige, although where they have courted publicity they might have to accept greater scrutiny by the media

Question 27

Public figures are entitled to private lige, although where they have courted publicity they might have to accept greater scrutiny by the media

Answer 27

Douglas v Hello!

Question 28

A v B plc

Answer 28

Lord Wolff suggests that publications can be in the public interest by the mere value of a free and thriving press, or in other words profitable newspaper sales. Essentially this would mean that you could justify any publication as long as it is profitable-> unlikely to be upheld

Question 29

Lord Wolff suggests that publications can be in the public interest by the mere value of a free and thriving press, or in other words profitable newspaper sales. Essentially this would mean that you could justify any publication as long as it is profitable-> unlikely to be upheld

Answer 29

A v B plc

Question 30

Campbell

Answer 30

revelation of criminality will not always outweigh right to private life

Question 31

revelation of criminality will not always outweigh right to private life

Answer 31

Campbell

Question 32

setting the record straight might be a relevant factor | although Lady Hale in Campbell is not convinced of this and this was not the only factor here

Answer 32

Woodward v Hutchins

Question 33

Woodward v Hutchins

Answer 33

setting the record straight might be a relevant factor | although Lady Hale in Campbell is not convinced of this and this was not the only factor here

Question 34

Ferdinand v MGN

Answer 34

it is relevant where the Claimant is a leading figure or role model and the publication sheds light on hypocrisy (kind of setting the record straight)

Question 35

it is relevant where the Claimant is a leading figure or role model and the publication sheds light on hypocrisy (kind of setting the record straight)

Answer 35

Ferdinand v MGN

Question 36

Remedies

Answer 36

Primary remedies are injunctions, sometimes modest damages will be awarded however no exemplary ones

Question 37

Mosley (S&M case)

Answer 37

even if there has been a calculation of profit no exemplary damages

Question 38

Gulati

Answer 38

Should be compared to personal injury non-pecuniary damages (damages which are not readily quantified or valued in money, such as proposed compensation for pain and suffering.)

Question 39

Categories

Answer 39

Categories are specific situations and types of harm which are guided by special rules Ask yourself: Does the situation fall under one of the special categories? If not Back to general test from Caparo