News: UK Supreme Court grants permission to appeal in part in Vidal-Hall v Google, misuse of private information is definitively a tort

28 07 2015

google-headquarters-signThe UK Supreme Court has today granted Google partial permission to appeal in the Vidal-Hall case.  The permission covers the data protection issues but not the issue as to whether misuse of private information is a tort.  On this last issue the decision of the Court of Appeal ([2015] EWCA Civ 311) stands.   Misuse of private information is now clearly established as a tort and the claims can proceed against Google regardless of the result of the data protection appeal.   Read the rest of this entry »





“Red faces all round”, the hacking of Ashley Madison – Rhory Robertson and Clare Brown

26 07 2015

Ashley MadisonThere were probably some awkward silences amongst a number of married couples around the world on Sunday evening and into Monday morning last week as news broke that a specialist adult dating site had been hacked. Read the rest of this entry »





Case Law: ZYT v Associated, Tipping the balance, when is it in the public interest to take a look at a “private” relationship? – Kathy May

25 07 2015

Silhouete CoupleThe case of ZYT and another v Associated Newspapers Ltd  ([2015] EWHC 1162 (QB)) was (what is now) a comparatively rare example of an injunction being sought and granted in a privacy claim against a newspaper. Read the rest of this entry »





“Their Royal Heilnesses”: the Sun, the Royal Family, Public Interest and Freedom of Information

20 07 2015

Sun Royal HeilnessesOn 18 July 2015, the Sun ran a front page “exclusive” showing a picture of the Queen (aged about 7 or 8) and the Queen Mother doing Nazi Salutes. In the background can be seen the then Prince of Wales, the future Edward VIII.  The pictures were extracted from a short piece of film – apparently taken in 1933 or 1934 by the future George VI – from the royal family’s archives.  The footage was also made available by the Sun. Read the rest of this entry »





JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie Stalla-Bourdillon

10 07 2015

In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).

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Case Law: Re Application by JR 38 for Judicial Review, Supreme Court sharply divided on whether Article 8 engaged for child suspected of committing crime in public – Alex Bailin QC

4 07 2015

RiotThe UK Supreme Court was divided 3-2 in the recent appeal of Re an application by JR 38 for Judicial Review ([2015] UKSC 42) on whether Article 8 ECHR was engaged for a child aged 14 who was suspected of involvement in criminal rioting. Read the rest of this entry »





Limiting Reputational Damage – Rhory Robertson

3 07 2015

Rhory RobertsonDespite a surprise rise in defamation claims in 2014, libel actions are largely a thing of the past. The official statistics show a substantial decrease in the number of issued defamation claims over the past few years. For example, in 2013 there were 142 claims as opposed to 186 in 2012.  Read the rest of this entry »








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