Confidential information

It was established law that, when considering whether the publication of information which was said to be private should be permitted: (i) the first question to be considered was whether the claimant had a reasonable expectation of privacy in respect of that information such that their rights under Art 8 of the European Convention on Human Rights were engaged; (ii) the second question was what the rights of the defendant were; and (iii) finally, the court had to weigh the rights claimed by the claimant against the rights of the other individuals concerned. In determining (i), the question was what a reasonable person of ordinary sensibilities would feel if they were placed in the same position as the claimant and faced with the same publicity.