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21 October 2009
Issue: 7390 / Categories: Legal News
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Non-celebrities affirm their privacy rights

Lawyers increasingly used by private sector organisations in civil actions

Privacy arguments are no longer the preserve of celebrities and are being used in new and unexpected areas of law.

The public sector, in particular, faces increasing numbers of privacy-based legal challenges.

The traditional legal battle between famous individuals and the media made up only two out of 28 reported privacy cases in the year leading up to 31 May 2009, according to research by Sweet & Maxwell.

This is partly because privacy arguments are increasingly being used against the media to prevent publication without a full court hearing.
Jaron Lewis, media partner at Reynolds Porter Chamberlain LLP, says: “Public figures are making more use of interim injunctions to stop stories not on the basis that the reporting is inaccurate but purely on the basis that the reporting infringes their privacy.

“These emergency injunctions can be imposed on the media at short notice, perhaps late at night or over the weekend, often by phone to a judge. The problem is that the court system doesn’t properly track these emergency injunctions so it is hard to quantify the problem.”

Lawyers are also more likely to raise privacy issues in civil cases brought against public sector organisations.

One recent high-profile example is the case of Purdy v DPP in which Debbie Purdy successfully argued that the lack of clarity on assisted suicide was a violation of her right to lead a private life.

Recent challenges to public sector organisations include: a man who claimed that a ban (for safety reasons) on him having an open-air funeral pyre when he died would be an invasion into his rights to a private life; and a single mother who claimed that the Child Support Agency was so inefficient in enforcing payment from the estranged father that the right of her and her children to lead a private life was breached.

Jonathan Cooper, of Doughty Street Chambers, says: “The wider use of privacy arguments in the UK courts is really the UK playing catch up with other countries where the concept of privacy has been taken more seriously.” He adds that the absence of privacy rights has been a defect of UK law.

Issue: 7390 / Categories: Legal News
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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

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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