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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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