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16 March 2007 / Kate Wilson , Kate Wilson , Rupert Elliott
Issue: 7426 / Categories: Features , Fraud , Data protection
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The new black

Kate Wilson and Rupert Elliott explain why claims for misuse of private information have never been so fashionable

December proved a busy time in the evolving law of privacy, with two Court of Appeal decisions, McKennitt v Ash [2006] EWCA Civ 1714, [2006] All ER (D) 200 (Dec) and Prince of Wales v Associated Newspapers [2006] EWCA Civ 1776, [2006] All ER (D) 335 (Dec), and an interim injunction granted to protect a celebrity adulterer, CC v AB [2006] EWHC 3083 (QB), [2006] All ER (D) 39 (Dec).

The approach to determining claims for privacy or misuse of private information is now well-established as a two-stage process, incorporating the jurisprudence of Arts 8 and 10 of the European Convention on Human Rights (the Convention). First the claimant must show that he has a reasonable expectation of privacy in the information concerned, Campbell v MGN [2004] UKHL 22, [2004] 2 AC 457 (para 21). Once this threshold is crossed, the parties’ competing Art 8 and 10 rights must be weighed

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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