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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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