McKennitt challenge rejected

House of Lords refuses leave to appeal

The House of Lords has refused leave to appeal in the McKennitt v Ash privacy case.

Niema Ash, the defendant in the case, had petitioned for permission to challenge the decision of the Court of Appeal handed down 14 December 2006.

Ms Ash has written a book about her experiences with her former friend and employer, Canadian folk singer Loreena McKennitt. Ms McKennitt objected to publication of significant parts of the book, asserting that they contained private information about her. She sought an injunction against Ash and her publishing company Purple Inc Press, and was successful before both Eady J at trial and the Court of Appeal.

Rejecting the challenge to the Court of Appeal’s decision, Lords Hope, Carswell and Baroness Hale ruled that the appeal did not raise any arguable point of law of public importance.

5RB‘s Desmond Browne QC and David Sherborne (instructed by Carter-Ruck) appeared for Ms McKennitt before Eady J and in the Court of Appeal.