News: JIH application for permission to appeal “de-anonymisation” – Mark Thomson

25 11 2010

I have already posted about the decision of Mr Justice Tugendhat in JIH v News Group Newspapers.  This was a judgment handed down on 5 November  in respect of an application for a consent order in a privacy action. Although the parties agreed, as part of the terms of settlement, a continuation of the anonymity provisions already granted, the judge declined to continue the anonymity order. The court nevertheless imposed a “DFT” order preventing publication of material other than that contained in the Judgment itself. The anonymity order was continued pending an application for permission to appeal. Read the rest of this entry »





Opinion: “Privacy: Where are we now?” – Heather Rogers QC

25 11 2010

Until recently it could safely be said there was no “right to privacy” in the law of England and Wales. There was some protection for private information, including photographs and other recordings, through the established law of breach of confidence. But over the last ten years, since the Human Rights Act 1998 (“HRA”) came into force on 2 October 2000, domestic law has developed greater protection for privacy rights on the basis of Article 8 of the European Convention on Human Rights (“the Convention”) and Strasbourg case law. Read the rest of this entry »