Cases

Murray v Big Pictures (UK) Ltd (CA)

Facts

D took a series of photographs of C, the infant son of the writer J.K. Rowling, being pushed by his father down an Edinburgh street in a buggy with his mother walking alongside. The photographs were taken covertly using a long range lens and one was later published in the Sunday Express. C (by his parents as litigation friends) issued proceedings against the publisher of the Sunday Express and D, a commercial photo agency, for misuse of private information and under the Data Protection Act 1998. The claim against Express Newspapers was settled. D applied to strike out C's claim as disclosing no reasonable cause of action. Patten J struck out the claim and entered judgment for D, but gave C permission to appeal. C appealed.

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