Cases

McKennitt v Ash (CA)

Held

Dismissing the appeal:

(1) The information was to be protected as confidential, since (a) it was sufficiently private to engage Art. 8; and (b) in the circumstances A's right of freedom of expression under Art. 10 had to yield to the Art. 8 rights of M;

(2) A did not have the right she claimed to tell her own story. The story was shared only in the sense that M had admitted A to her confidence. A had no story of her own to tell. A v B was not a binding authority on the balance to be struck between Arts. 8 & 10, which was best illuminated by von Hannover;

(3) The information was not already in the public domain;

(4) Where private information engaged Art. 8, the question was whether the information was private, not whether it was true or false.

Also