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25 May 2016 / Alec Samuels
Categories: Features , Human rights
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Rights to fight

The right to privacy & family life versus the right to free expression: which is to prevail? Alec Samuels reports

The judge is often asked to order that certain matters or information should not be published; the media usually oppose the request. How is the judge to decide between the right to privacy and family life versus the right to free expression? Article 8 or Art 10? Certain propositions, arguable and rational, and supported by authority, are likely to be advanced by the parties: neither article has precedence, there is no hierarchy, the judge has to balance the competing claims.

There must be strong, even compelling, reasons for interfering with a convention right. The judge must bring an intensive focus to bear on the comparative importance of both rights.

Open justice is a fundamental principle in the court setting. The protection of children always ranks as a high priority.

Contemporary 

In contemporary society the judge is unlikely to order the suppression of the reporting of human relationships and affairs, especially of celebrities in the public

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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