Cases

Murray v Express Newspapers plc & Another

Comment

This was the first case since the CA's decision in McKennitt v Ash which required the Court to grapple with the tensions between the HL's decision in Campbell and the ECtHR's in Von Hannover. Patten J accepted that "The ECtHR clearly took a much wider view of what should be regarded as falling within the scope of an individual's private life for purposes of Art 8" than Lord Nicholls had in Campbell (para. 45). He also rejected the idea that Von Hannover could be "isolated" as an harassment case (para. 59). However, he considered himself bound by Campbell to rule that, on the facts, Art 8 was not engaged (para. 62); alternatively, that a line could be drawn between "family and sporting activities" with regard to which Art 8 would be engaged, and "something as simple as a walk down the street" in respect of which it could not (para. 65). Patten J granted C permission to appeal.

Areas of work

Data Protection
Media Law
Privacy and Confidence

Also