In the well known Gary Flitcroft case (A v. B plc [2003] QB 195) a married Premier League footballer failed in his attempt to obtain orders restraining a national newspaper from publishing stories about his sexual encounters with two women who wished to sell their stories. The decision of the Court of Appeal (Lord Woolf CJ, Laws and Dyson LJJ) has proved controversial in part. However, much of the Judgment of the Court is orthodox and of continuing application and importance. In particular, the explanation at [4] of the way in which the rights protected by Articles 8 and 10 have been absorbed into the long-established action for breach of confidence was approved by Lord Nicholls in Campbell v. MGN Limited [2004] 2 AC 457 at [17] Continue reading