Does a wronged spouse owe a duty of confidence to the third party adulterer? asks Edward Hetherington
The decision of Mr Justice Eady in the High Court to grant an interim injunction in CC v AB [2006] EWHC 3083 (QB), [2006] All ER (D) 39 (Dec) seems to raise the bar in terms of the protection of privacy in English law. Surprisingly, the High Court recognised the possibility that a spouse whose partner had committed adultery could owe a duty of confidence to the third party adulterer.
Case facts
The claimant (CC), a high-profile figure in the sports world, had an affair lasting several months with a married woman (N). He was awarded an injunction to restrain AB, N’s husband, from revealing his identity through the media. CC is also married, and attempting to repair his relationship with his wife. Neither the claimant, nor N, wanted details of their affair made public. Further, CC’s wife was suffering from a stress-related illness, and publication of the details of his affair may have exacerbated her condition. It was this complication which had until
