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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
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Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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