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28 June 2024 / Mark Pawlowski
Issue: 8077 / Categories: Features , Privacy , Freedom of Information
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Privacy law: kiss, don’t tell!

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Privacy or freedom of expression? Mark Pawlowski surveys the laws covering gossip & scandal
  • Sets out case law on publication and the prevention of publication.

Facts within the public domain?

In Stephens v Avery [1988] Ch 449, [1988] 2 All ER 477 the claimant communicated information to the defendant relating to her sexual conduct with another woman. Subsequent details of the relationship appeared in a newspaper article. Sir Nicholas Browne-Wilkinson VC held that equity would intervene to protect confidential information on the basis it was unconscionable for the recipient to reveal that information and that was so whether it had been given expressly in confidence or by implication where the relationship between the parties imposed a duty of confidence. In the words of the Vice-Chancellor, at [454]: ‘To most people the details of their sexual lives are high on their list of those matters which they regard as confidential. If in fact information is secret, then in my judgment it is capable of being kept secret by the imposition of a duty of confidence on any person to whom

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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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