Cases

HRH The Prince of Wales v Associated Newspapers Ltd (No 3)

Held

Granting summary judgment in respect of the Hong Kong Journal only and ordering a trial in respect of the other 7 journals: (1) C had a reasonable expectation of privacy in respect of the HK Journal. Distinguishing A v B, C & D, this was not a case where the C had opened up the relevant zone of his life to public scrutiny. (2) the contribution made by the HK Journal to public debate was minimal. Balancing C's Art 8 rights with D's Art 10 rights, the disclosures were not necessary in a democratic society. (3) fair dealing (reporting current events) did not apply. The use was not fair as there had been commercial use of the most colourful passages of the journal. (4) D's use did amount to criticism & review but s.30(1) CDPA 1988 did not apply as the journal had not been published. (5) it would arguably be an illegitimate curtailment of D's Art 10 rights to grant an injunction and delivery up.

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