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05 December 2019 / Jeremy Clarke-Williams , Nilly Tabatabai
Issue: 7867 / Categories: Features
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Welcome to the jungle

12719
I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1)
  • The Human Rights Act: why such hostility?
  • Legal and regulatory context.
  • Publication of information which had long ago been in the public domain about an event which occurred overseas.
  • Publication of sensitive medical information.

The Human Rights Act 1998. A perennial bugbear for the tabloid press, it is frequently depicted as the evil embodiment of the health and safety and ‘snowflake’ culture. It is also the prime symbol of unwanted interference by the EU in this country’s affairs.

Why such hostility? Principally because it is this Act which incorporates the European Convention on Human Rights into our legislation, including at its heart the Art 8 right to respect for one’s private and family life.

Fiendish lawyers, aided and abetted by those other enemies of the people, the judiciary, have developed this right into a tort all of its own: misuse of private information. This tort is

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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