Case Law: BUQ v HRE, Summary judgment and permanent injunction, contempt application to be heard later – Anna Caddick

29 05 2015

AnonymousIn BUQ v HRE, Mr Justice Warby granted the claimant summary judgment and a permanent injunction prohibiting the disclosure of private information even though a cross-application to commit the claimant for contempt of court was to be determined at a later date. Read the rest of this entry »





Case Law: Gulati v MGN, Phone hacking, massive privacy damages – David Hart QC

28 05 2015

83144843_hackingcompFor some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers.  And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J in Gulati v MGN ([2015] EWHC 1482 (Ch)).  Read the rest of this entry »





What becomes of Misuse of Private Information, the orphaned child? – Paul Wragg

26 05 2015

ChildHugh Tomlinson’s excellent post came as a welcome reassurance that the Misuse of Private Information (“MOPI”) tort should survive the proposed repeal of the Human Rights Act 1998 (“HRA”).  As he argues, MOPI is not dependent on its origins.  Yet MOPI is a child, with years of maturity still required, and one born of two parents (Articles 8 and 10 ECHR) with particular values, specifically that both are of equal status.  Once these parents are executed (for crimes they did not commit), MOPI can expect to be adopted by a very different set of parents, who are most unlikely to hold the same values.  Read the rest of this entry »





United States: Nudity, Privacy and the Prostitute – Susan Brenner

24 05 2015

Anthonie_Palamedesz._-_Brothel_Scene_-_WGA16867After a jury convicted Charles Adams “of capturing a representation that depicts nudity without the knowledge or consent of the person who is depicted nude in violation of Wisconsin Statutes § 942.09(am)1,” he appealed.  State v. Adams, 2015 WL 1034741 (Wisconsin Court of Appeals 2005).  Read the rest of this entry »





Case Law: Gulati v MGN Ltd, A landmark decision on the quantum of privacy damages – Hugh Tomlinson QC and Sara Mansoori

22 05 2015

Mirror Hacking ClaimantsThe judgment in the Mirror Phone Hacking damages case of Gulati v MGN Ltd ([2015] EWHC 1482 (Ch)) deals with a wide range of legal and factual issues.  This post deals in detail with only three: the principles on which damages for misuse of private information are assessed, whether it was appropriate to make only one award of damages per claimant and the quantum of damages in privacy cases in general.  It was Mr Justice Mann’s decision in favour of the claimants on the first two points which led to the very substantial awards of damages in this case which are summarised below. Read the rest of this entry »





News: Various Claimants v MGN, Judge awards £1.2 million in phone hacking damages – James Heath

21 05 2015

Mirror GroupThe judgment in the Mirror Newspapers Hacking Litigation was handed down today in Court 15 at the Rolls Building by Mr Justice Mann. He awarded a total of £1.2 million in damages to the eight test claimants. Read the rest of this entry »





Will the tort of misuse of private information disappear if the Human Rights Act is repealed? – Hugh Tomlinson QC

11 05 2015

Human-Rights-Act1The Conservative Party Manifesto told voters that “The next Conservative Government will scrap the Human Rights Act, and introduce a British Bill of Rights”. It seems likely that this legislation, piloted by new Justice Secretary Michael Gove, will form part of the Queen’s Speech. What impact will this have on the developing law of privacy? Read the rest of this entry »








Follow

Get every new post delivered to your Inbox.

Join 4,255 other followers