Date: Wed, 14 May 2008 07:03
From: Neil Foster
Subject: Breach of Privacy a tort now?
I see that J K Rowling has succeeded now in getting a full hearing on her claim that her son has an actionable claim for breach of privacy when photos of him in his stroller with his parents were taken without permission and later widely published - see Murray v Big Pictures (UK) Ltd  EWCA Civ 446 (7 May 2008).
I found it interesting that Sir Anthony Clarke MR calls the action a "tort" more than once - at  (ii) (quoting Lord Nicholls in Campbell v MGN) and at . I always thought that Lord Nicholls' comment was a slip of the judicial tongue, the action traditionally being developed from the equitable action for breach of confidence, not in tort. But has it now "morphed" into a tort? (Of course it has in New Zealand, in Hosking v Runting  1 NZLR 1, though it is interesting to see that this decision in Murray now expressly disagrees with the balancing of rights in Hosking, and suggests at  that there may even be some scope for revisiting it in the new NZSC.)
Or is it a tort now because with the advent of the European Human Rights convention article 8 of that Convention is protected by a tort action for breach of statutory duty?
Senior Lecturer, LLB Program Convenor
Newcastle Law School
Faculty of Business & Law
MC158, McMullin Building
University of Newcastle
Callaghan NSW 2308
ph 02 4921 7430
fax 02 4921 6931
Previous Message ~ Index ~ Next