Wed, 18 May 2005 14:20:32 +0100
Douglas v. Hello
members may be interested to know that the English Court of Appeal
has now given judgment in Douglas
v Hello Ltd.
court holds (rather unhappily - see para 53) that the English courts
must develop the wrong of breach of confidence in order to protect
claimants' ECHR Art 8 rights to privacy, in light of (1) the ECtHR's
finding in von Hannover v Germany that member states must
take positive steps to protect individuals from unjustified invasions
of their private life by other individuals, and (2) the HL's findings
v MGN that (a) the Human Rights Act 1988 creates no new
causes of action between private persons and (b) English law recognises
no tort of 'breach of privacy'.
judgment also features discussion of the economic torts.
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