Cases

Wainwright v Home Office

Comment

This is the first time the House of Lords has been asked to declare whether an action for invasion of privacy exists in English law. The case confirmed the widely held view that declaration of a general right to privacy is beyond the acceptable limits of judicial development of the common law. But the precise demarcation between judicial development and the need for legislation is not clear. Beyond leaving for another day the question of whether the action for breach of confidence might be further expanded and renamed ‘invasion of privacy’ the judgment gives little indication of the potential limits. Given that Parliament has no intention of enacting such legislation there will inevitably be cases where victims of violations of Article 8 ECHR will still have to apply to Strasbourg for a remedy.

Areas of work

Human Rights
Privacy and Confidence

Also