header-logo header-logo

19 May 2011
Issue: 7466 / Categories: Case law , Law reports
printer mail-detail

Human rights—Right to respect for private and family life—Freedom of expression

Mosley v United Kingdom [2011] ECHR 48009/08, [2011] All ER (D) 66 (May)

European Court of Human Rights, Judge Garlicki (President), Judges Bratza, Mijovic, Bjorgvinnson, Hirvela and Bianku, and L Early (Section Registrar), 10 May 2011

The right to privacy under Art 8 of the European Convention on Human Rights does not require the imposition of a legal duty on newspaper to notify individuals in advance in order to allow them the opportunity to seek an interim injunction and thus prevent publication of material..

In March 2008, a newspaper published on its front page an article headed “F1 boss has sick Nazi orgy with 5 hookers”, referring to the applicant. It printed still photographs taken from video footage secretly recorded by one of the other participants in the sexual activities, who had been paid in advance to do so. An edited extract of the video as well as still images were also published on the newspaper’s website and reproduced elsewhere on the internet.

The applicant’s solicitors complained

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll