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John v Associated Newspapers Ltd
Comment
There is an apparent conflict between Campbell and the later decision of von Hannover as to what qualifies for protection under Article 8. If Campbell is applied as setting a threshold of "expectation of privacy" to deny protection for aspects of a person's private life which are considered too insubstantial to warrant protection, then this has the potential to introduce an imbalance in approach because no such "threshold" criterion is applied to article 10 rights. Such an approach would appear to conflict with the clear statements that neither right has presumptive priority - see In re S (§17).
Areas of work
Injunctive Relief
Media Law
Privacy and Confidence