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21 October 2009
Issue: 7390 / Categories: Legal News
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Non-celebrities affirm their privacy rights

Lawyers increasingly used by private sector organisations in civil actions

Privacy arguments are no longer the preserve of celebrities and are being used in new and unexpected areas of law.

The public sector, in particular, faces increasing numbers of privacy-based legal challenges.

The traditional legal battle between famous individuals and the media made up only two out of 28 reported privacy cases in the year leading up to 31 May 2009, according to research by Sweet & Maxwell.

This is partly because privacy arguments are increasingly being used against the media to prevent publication without a full court hearing.
Jaron Lewis, media partner at Reynolds Porter Chamberlain LLP, says: “Public figures are making more use of interim injunctions to stop stories not on the basis that the reporting is inaccurate but purely on the basis that the reporting infringes their privacy.

“These emergency injunctions can be imposed on the media at short notice, perhaps late at night or over the weekend, often by phone to a judge. The problem is that the court system doesn’t properly track these emergency injunctions so it is hard to quantify the problem.”

Lawyers are also more likely to raise privacy issues in civil cases brought against public sector organisations.

One recent high-profile example is the case of Purdy v DPP in which Debbie Purdy successfully argued that the lack of clarity on assisted suicide was a violation of her right to lead a private life.

Recent challenges to public sector organisations include: a man who claimed that a ban (for safety reasons) on him having an open-air funeral pyre when he died would be an invasion into his rights to a private life; and a single mother who claimed that the Child Support Agency was so inefficient in enforcing payment from the estranged father that the right of her and her children to lead a private life was breached.

Jonathan Cooper, of Doughty Street Chambers, says: “The wider use of privacy arguments in the UK courts is really the UK playing catch up with other countries where the concept of privacy has been taken more seriously.” He adds that the absence of privacy rights has been a defect of UK law.

Issue: 7390 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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