Breach of Confidence – Blackmail – Injunction Against Person(s) Unknown – Application for continuation of interim injunction on return date – Default judgment – Derogations from Open Justice
Open Justice - Non-Contentious Probate Proceedings - Whether the media has a right to be heard in proceedings in which it is not a party - Whether the President of the Family Division should have held a private hearing not on notice to the media - the role of the Attorney-General
Defamation - Libel - s3, Defamation Act 2013 - Honest Opinion - Malice - Truth - Spent Convictions - Whether the Defendant should be granted summary judgment - Whether the malice plea should be struck out -
Data Protection - Misuse of Private Information - Spent Convictions- Abuse of Process
Misuse of Private Information – Breach of Confidence – Data Protection Act 1998 – Article 8 – Article 10 – criminal investigations – letter of request – journalism
Breach of Confidence - Harassment - Discharge of Undertakings to the Court - The extent, if at all, that it is permissible for a litigant to rely on confidential information, obtained by covert recording of another's premises, to support a legal claim before that litigant has established the right to use that information
Breach of Confidence – Blackmail - Injunction Against Person(s) Unknown – Application for continuation of interim injunction on return date – Derogations from Open Justice
"right to be forgotten" - Google Search engine - de-listing - Data Protection Act 1998 - misuse of private information - spent convictions - Rehabilitation of Offenders Act 1974 - Google Spain SL & another v Agencia Espanola de Proteccion de Datos (AEPD) and another Case C-131/12 - Article 29 Working Party Guidelines
Interim Injunction - Misuse of Private Information - Harassment - Protection from Harassment Act 1997 - Blackmail - Derogations from Open Justice - Anonymity - Private Hearing - Without Notice to the Defendants
Judicial Review -Breach of Confidence - Legal Professional Privilege - Suspected Tax Avoidance Schemes - No Confidence in Iniquity - Inducement to Breach Confidence - Alternative Remedies - s.316B Finance Act 2004 (voluntary disclosure to HMRC not restricted by any duty of confidentiality) - Data Protection Act 1998
Breach of Confidence - Injunction Against Person(s) Unknown - Application for Default Judgment and permanent injunction on paper - CPR 23.8 - Derogations from Open Justice
In a trial of liability for breach of the Data Protection Act 1998, misuse of private information and breach of confidence: where a then employee of the D had made a copy of the Cs’ private/confidential information held on D’s payroll and uploaded it to the internet, was D liable either on a direct or vicarious liability basis?
Data Protection Act 1998 – Misuse of private information – Breach of confidence – Vicarious liability – DPP7
Open Justice - Disclosure - Application by a non-party for court documents - Power of the court to provide documents to a non-party - CPR 5.4C - CPR 32.12 - CPR 32.13
Breach of Confidence- Misuse of Private Information - Breach of statutory duty under the Data Protection Act 1998 - Interim Remedies - Delivery Up - Procedure - need for Particulars of Claim
Data Protection - privacy - misue of personal information – damage under the Data Protection Act 1998 – quantum in data protection claims – evidence in data protection claims
PJS v News Group Newspapers – Privacy – Injunction – Court of Appeal – Article 8 – Article 10 – Sun on Sunday – Publicity - Permission to Appeal - Appeal - Supreme Court - whether to uphold decision of Court of Appeal to discharge interim injunction
Privacy - Misuse of Personal Information - Breach of Confidence - Reasonable Expectation of Privacy - Vicarious Liability - Limitation - Operation Elveden
Privacy - Interim Injunction - Articles 2, 3, 8 and 10 of the European Convention - Permission to Appeal - Whether Permission to Appeal should be given to appeal judgment below - Whether there was a risk to the applicant's life from showing his appearance on a television programme
Privacy- Confidence- Media Law - Public Interest - Abuse of Process - Whether a consultant to a company had title to sue in respect of company emails obtained by the Defendants and used in the publication of an article - whether the obtaining of the emails was a breach of confidence or misuse of private information - whether the publication of the article was a breach of confidence or misuse of private information - whether there was a public interest in publishing emails - whether the action was an abuse of process
New Zealand - privacy - seclusion - intimate personal space and activity - intrusion - C in shower - D installed video device - recordings made - C discovered - claim for damages - whether NZ law recognises intrusion tort - review of US and English law - liability established - damages to be assessed
Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - reporting online - anonymity - CPR 39.2(4) - CPR 5.4C - orders for anonymity and reporting restrictions made - orders prohibiting third party access to court file made
WXY- Gewanter- Positive Profile- Burby- injunction- privacy- harassment- confidentiality- terms of draft order- whether information has entered the public domain- identity of claimant- fade factor- disclosure of persons to whom documents published- disclosure of funders of litigation
Misuse of private information – Harassment – Breach of statutory duty pursuant to s.85 of the Copyright Designs and Patent Act 1988 – Protection from Harassment Act 1997 - Claim for damages and injunction – Article 8 - Article 10 - Freedom of Expression
Misuse of private information - Breach of confidence - Balancing Exercise - Article 8 Right to Privacy - Article 10 Right to Freedom of Expression - Public interest - False or misleading image - Debate of General Interest - Footballers - Kiss and Tell
Article 8, ECHR - Right to respect for private life - Victim status - Domestic remedies - Positive obligations - Availability of injunctive relief - Margin of appreciation - No violation
Human rights - Article 8 - Right to respect for private and family life - Judicial review - Disclosure of conviction by local authority - Procedural safeguards - Local authority powers
Privacy – interim injunction – document created for foreign matrimonial proceedings supplied by Defendant to media in this jurisdiction – whether judge should have granted injunction despite assurance given by Counsel on Defendant’s behalf – relevance of ‘Spycatcher’ doctrine
Privacy - Injunction – Anonymity order – 'Super-injunction' – Article 8 ECHR - Failure to serve proceedings on defendant – Breach of undertaking - Final order
Privacy - Breach of Confidence - Misuse of Private Information - Derogations from Open Justice - Whether the hearing should take place in private - whether anonymity should be continued
Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - criteria for order prohibiting identification - order made under section 39 - question is whether sufficient general public interest in a report which identified the claimant to justify any resulting curtailmment of his and his family's right to respect for private life - no such general interest - risk object of proceedings would be defeated
Human Rights - Breach of Confidence - Invasion of Privacy - Misuse of Private Information - Article 8 - Article 10 -European Convention on Human Rights - whether the award of damages for breach of confidence due to the publication of details concerning Ms Naomi Campbell's treatment for drug addiction, together with the impugned photographs, constituted a disproportionate interference with MGN's right to freedom expression under article 10
Human Rights- - Breach of Confidence - Invasion of Privacy - Misuse of Private Information - - Article 8 - Article 10 -European Convention on Human Rights - Costs - Conditional Fee Agreement - Success Fees - whether the award of costs, including success fees, constituted a disproportionate interference with MGN's right to freedom of expression under article 10
Privacy - Breach of confidence - Interim injunction - Article 8 ECHR - Right to private life - Article 10 ECHR - Freedom of expression - Public interest - Balancing exercise - Anonymity of parties
Court file - 'Sealing' file - Form of order sealing file - Access to documents - Non-party - CPR 5.4C - Use in other litigation - Threshold requirements
Freedom of Expression - Article 10, European Convention on Human Rights - Privacy - Conviction for violation of privacy - Publication of private information relating to extra-marital affair between political candidate and aide - Fine, damages and costs awarded - Whether necessary in a democratic society
Interim injunction – Confidential information - Human Rights Act 1998, s.12(3) – Likelihood of establishing at trial that publication should not be allowed – Public domain
Human rights - private life - reputation - freedom of expression - persons designated as suspected terrorists - challenge to designation - anonymity orders - press challenge - application to lift orders - correct approach
Terrorism Act 2000 - ss.44 and 45 - Stop and search powers - Whether disproportionate interference with Article 8 ECHR - Right to respect for privacy - Whether in accordance with the law
Care Proceedings - Anonymity - Expert witnesses - Contra mundum injunctions - Publication of information relating to the proceedings - s.12 Administration of Justice Act 1960 - Article 8 - Privacy
Article 10 - Freedom of Expression - Journalists' Sources - Breach of Confidence - Norwich Pharmacal Orders - Whether necessary in a democratic society
Interference with goods - Ancillary relief - Interception of spouses' personal documents - Hildebrand documents - Provision of documents to solicitors - Solicitors' liability
Freedom of information - Data protection - s. 40 Freedom of Information Act 2000 (personal information exemption) - s.44 Freedom of Information Act 2000 (disclosure prohibited by an enactment) - Abortion statistics - Anonymisation - Abortion Regulations 1991 - Pro Life Alliance
Privacy – Injunction - Interim injunction - Without notice - Appeal against refusal to grant injunction – Section 12 Human Rights Act 1998 - ECHR, Articles 8, 10
Criminal procedure – Reporting restrictions – Broadcasters – Anonymity - Identity of defendant acquitted of rape - Art. 8 European Convention of Human Rights - Art.10 European Convention of Human Rights - s. 6(1) Human Rights Act 1998 - s. 35 Criminal Appeal Act 1968 – Criminal Appeal (Reference of Points of Law) Rules 1973
Privacy - Judicial review - Photographs - Public place - Police photographing individual associating with convicted criminal - Articles 8, 10, 11, 14, European Convention on Human Rights
Reporting restrictions - Family - Children - Injunctions - Article 10 - Freedom of expression - Article 8 - Respect for privacy and family life - Public domain - 'Canute' principle - s.12 Human Rights Act 1998
Breach of confidence - Injunction - Documents available on internet - Whether documents remained confidential - Human Rights Act 1998, s.12(4) - Freedom of expression - Public interest - Whether injunction proportionate interference with right
Freedom of Expression - Privacy – European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 Article 10 – Freedom of the press - Reporting on pending criminal proceedings – Photos - Public interest
Sentencing – Human rights – Sex offenders – Notification requirements - Proportionality - European Convention on Human Rights, Art 8 – Right to respect for private and family life - Sexual Offences Act 2003 – Declaration of incompatibility - Disproportionate interference
Confidentiality – United Kingdom Special Forces – Contract - Confidentiality agreements – Unauthorised public disclosures – Failure to seek authority for disclosure in accordance with contract - Injunction
Privacy - Reasonable expectation of privacy - Public interest -Footage of sexual activities - Public figure – Allegations of Nazi role-play - Exemplary damages
Privacy - Judicial review - Photographs - Public place - Police photographing individual associating with convicted criminal - Articles 8, 10, 11, 14, European Convention on Human Rights
Criminal evidence - Mutual assistance - Private documents - Article 8, European Convention on Human Rights - s.15, Crime (International Co-operation) Act 2003
European Convention for the Protection of Human Rights and Fundamental Freedoms - ECHR - Article 10 - Freedom of Expression - Civil Servants - Confidential Information – Whistleblowing - Dismissal - Necessary in a democratic society
Witness anonymity - inherent jurisdiction - CPR 39.2(4) - interests of witness and her children - private and family life - open justice - balancing - intense focus - order granted
Freedom of information - Medical records - Access to medical records of deceased by mother - Exemptions from disclosure - Freedom of Information Act 2000, s.41
Breach of confidence - Nature of confidential matter - Enforceability of obligation of confidence post-publication - Causing loss by unlawful means - Test of intention as an ingredient - Unlawful means
Right to respect for private life and correspondence - Article 8, European Convention on Human Rights - Scope of "private life" and "correspondence" - Whether interference "in accordance with the law" - Monitoring of telephone calls, email and internet usage at work - No policy in place - No statutory provision for such monitoring
Reporting restrictions - Care proceedings - s. 12 Adminstration of Justice Act 1960 - Disclosure - Anonymised judgments - Contra mundum order to protect medical expert witnesses, treating doctors, social workers and other witnesses in care proceedings - Interim orders - Practice and procedure - s. 12 Human Rights Act 1998 -Duration of order - Requirement of notice
Invasion of Privacy - New Zealand law - Television broadcast of a car accident - Whether reasonable expectation of privacy - Whether publicity highly offensive to an objective reasonable person - Failure to inform plaintiffs about broadcast
Freedom of expression - Article 10 - Public interest - Photographs - Television -Broadcast of photograph of convicted person upon release from prison - Political extremists - Meaning of 'non-governmental organisation'
Reporting restrictions - care proceedings - s. 97(2) Children Act 1989 - Rule 16(7) Family Proceedings Rules 1991 - open justice - Arts 6, 8, 10 - s. 12 of the Administration of Justice Act 1960
Human Rights - Prohibition of inhuman and degrading treatment - Article 3 - Respect for private and family life - Article 8 - Effective domestic remedy - Article 13 - Prison visit - Strip search
Privacy - Confidence - Medical Information - ECHR, Articles 8 and 10 - Judicial review of decision to publish full report into care, supervision and treatment of individual
Human rights - Freedom of expression - Article 10 ECHR - Confidential information - Data about criminal convictions - Procured by journalist - Disclosed to police officer - Not published - Official secrets legislation - Source and journalist convicted - Whether convictions necessary and proportionate - Breach of Article 10
Breach of confidence - Public interest defence - Documents supporting allegation of mistreatment of staff - Disclosure - Relevance of truth or falsity of allegation - Relevance of defendant's knowledge at time of breach of confidence
Confidential Information - Reporting restrictions - Restrictions on use of a disclosed document - Documents read or referred to in open court - CPR 31.22
Unregistered designs – Breach of Confidence – Passing Off – Designs Based on Simple Geometric Shapes – Originality Test –s.213(4) Copyright Designs and Patents Act 1988
Open Justice - In Private Hearings - Application to have judgment handed down in private - CPR Part 39.2(3) - Medical information relating to witness - Article 8 - s.11 Contempt of Court Act 1981
Privacy - Confidence - Transferability of rights of privacy/ confidence - Economic torts - Test of intention as an ingredient of economic torts - Test of causation of damage - Interim injunctions - Whether damages adequate remedy
Privacy - Photographs - Article 8, ECHR - Criminal investigation - Photograph of suspect released by police - Publication of photograph by newspapers - Whether interference prescribed by law
Confidence - Data Protection Act 1998 - Access to Health Records Act 1990 - Disclosure of medical records - Course of legal proceedings - Obligation of disclosure - Legal advice
Human Rights - Criminal conviction of editor in chief and publishing company for infringment of politician's privacy - whether conviction and fine/damages were in breach of Article 10 ECHR
Copyright - Confidential information - Television programme format - Summary judgment - Real prospect of success - Abuse of process - Compelling reason for trial
Intellectual Property- Confidence - Copyright - Disclosure - Legal Advice Privilege - Iniquity Exception - Whether a claimant can assert privilege over a summary of, or extract from, legal advice contained in the internal documents of a third party
Intellectual property- sports law- OFCOM- Advertising- complaint under r 6.5 ITC Advertising Code - whether the claimant was caricatured in a 118 advert
Family law- Human Rights - Children - local authorities - care proceedings- privacy - rights of mature teenager - Article 8 - Article 10- freedom of expression - proper approach to varying injunction
Confidential information - breach of confidence - Human Rights - employment contract - whether a contractual duty of confidence should be given more weight than an implied duty- interim injunction
Tort – Intentional infliction of harm – Visitors to prison strip-searched for drugs – Distress and humiliation inflicted – Privacy – Article 8 European Convention on Human Rights - Whether English common law recognises a cause of action for invasion or privacy- Remedies
Privacy - Breach of Confidence - Human Rights - Part 18 Further Information - Disclosure of amount paid to source by newspaper - Damages - Public Interest Defence
Privacy - Confidence - Injunction - Consent - European Convention on Human Rights - Article 10 - Freedom of Expression - Article 8 - Respect for private life - public domain
Breach of Confidence - Contract - Employment - European Convention on Human Rights - Article 8 - Article 10 - Damages - Injury to feelings - liability for republication
Anonymity Order - Lifetime Injunction to restrain identification - Breach of Confidence - Human Rights Act 1998 - Article 2 - Article 8 - Article 10 - whether the applicants' exceptional circumstances warranted the grant of lifetime protection contra mundum
Human Rights - intellectual property - Breach of confidence - Privacy - ECHR, Art 8 - Freedom of expression - ECHR, Art 10 - Data Protection Act 1998 - use of surrepitiously taken photographs
Breach of confidence - Privacy - ECHR, Art 10 - ECHR, Art 8 - Service out of jurisdiction - Data Protection Act 1998 - Interference with rights and business - Unlawful means conspiracy - photographs
Human Rights - Privacy - Article 8 - respect for private life - interference - in accordance with the law - legitimate aim - necessary in a democratic society - Article 13 - right to an effective remedy- Article 41 - damages, costs and expenses
Confidential information - breach of confidence - final injunction against defendant - third party applying to use documents confidential to the claimant obtained from defendant - whether use of such documents by third party a contempt of court
Breach of Confidence- identification of journalist's source- Norwich Pharmacal order- Section 10 Contempt of Court Act 1981- meaning of interests of justice exception - Article 10 and 10(2) of the ECHR.
Breach of Confidence - Privacy - Photographs - Personal Sensitive Data - Data Protection Act 1998 - section 32 exemption - Public interest - damages - section 13 of the DPA.
Breach of confidence - Privacy - Interim injunction - Public Interest - Human Rights Act 1998 - Article 10 - guidelines to be considered on interim applications - public figures - role models - section 12 Human Rights Act 1998
Public Law - Judicial review - Privacy - Application for permission - Press Complaints Commission - Public authority - s.6 Human Rights Act 1998 - s.12(4)(b) Human Rights Act 1998
Injunction - Privacy - Confidence - Press Complaints Commission Code of Conduct - European Convention on Human Rights - Article 10 - Article 8 - s.12 Human Rights Act 1998
Confidential information - copyright - animals - medical research - experiments - interim injunctive relief - s12 Human Rights Act - standard of proof for interim injunction - public interest - democratic society making arrangements to secure public interest
Family proceedings - press restrictions - celebrities - prohibition on taking or publishing photographs of children - prohibition on parents communicating with news media about each other or about children - prohibition on publishing order or summary of order - application by newspaper to discharge or vary court's order to permit publication of summary of court's decision
Human Rights- Freedom of expression - breach of confidence -respect for private life - Articles 8 and 13 of ECHR- intrusion- photography- whether domestic remedies had been exhausted
Human Rights- Defamation - Libel - malicious falsehood - legal aid - mental patients - access to court - right to private life - inhuman and degrading treatment