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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!

179414
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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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