Cases

Murray v Express Newspapers plc & Another

Held

C's claims for breach of privacy / confidence and under the DPA 1998 were struck out. As regards the former claim: "...on my understanding of the law including Von Hannover there remains an area of innocuous conduct in a public place which does not raise a reasonable expectation of privacy; and secondly, that even if the ECtHR in Von Hannover has extended the scope of protection into areas which conflict with the principles and decision in Campbell, I am bound to follow Campbell in preference. Because I regard this case as materially indistinguishable from the facts in Hosking v Runting I am satisfied that on that test it has no realistic prospect of success." (para. 68) The DPA claim was dismissed on grounds that C was unable to establish causation or damage of a species which s.13 allowed to be recovered.

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