McKennitt v Ash to the Lords?

Defendant petitions for leave to appeal in leading privacy case

Niema Ash, the defendant in McKennitt v Ash, has petitioned the House of Lords for leave to appeal against the decision of the Court of Appeal.

Ms Ash has written a book about her experiences with her former friend and employer, Canadian folk singer Loreena McKennitt. Ms McKennitt objects to publication of significant parts of the book, asserting that they contain 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.

Ms Ash has now submitted a petition for leave to appeal to the House of Lords, contending that the Court of Appeal were wrong as a matter of precedent and principle to prefer the European Court of Human Rights decision in Von Hannover to the Court of Appeal’s in A v B. She says that the case raises issues of importance to the general public.

If leave is granted, a hearing in the Lords is expected later in the year.

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.