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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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NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

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Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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
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