Cases

McKennitt v Ash (QBD)

Comment

This is an important decision as it provides guidance on several previously unexplored issues in the law of privacy: (a) the Court should be slow to allow a defence of public domain to succeed in relation to the disclosure of personal information; (b) a reasonable expectation of privacy may arise in relation to false allegations, untrue, distorted or misleading information; (c) the formulaic nature of claims for public interest must be carefully analysed - Woodward v Hutchins [1977] 1 WLR 760 was impliedly disapproved. Finally, the Court recognised that the right to privacy has a social dimension; those who kiss and tell cannot justify revealing the private life of others by claiming they are exercising their own right to freedom of expression.

Areas of work

Human Rights
Media Law
Privacy and Confidence
Publishing

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