Cases

Wainwright v Home Office

Held

  1. There was no common law tort of invasion of privacy; that creation of such a tort required a detailed approach which could only be achieved by legislation rather than the broad brush of common law principle; that adoption of a right to privacy as a principle of law in itself was not necessary to comply with Article 8 of the European Convention on Human Rights; and that any gaps in existing remedies for breaches of Article 8 by public authorities had been filled by sections 6 and 7 Human Rights Act 1998;
  2. That in so far as there might be a tort of intention to cause harm under which damages for distress which did not amount to recognised psychiatric injury might be recoverable the necessary intention was not established on the facts of the case.

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