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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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