Case Law, Strasbourg: Couderc v France, Grand Chamber challenges male-oriented view on keeping silence over mistress and lovechild in pivotal privacy case – Dirk Voorhoof

13 11 2015

Paris MatchThe Grand Chamber’s judgment delivered on 10 November 2015 in Couderc and Hachette Filipacchi Associés v. France elaborates on the appropriate standard for privacy and the media under European human rights law. In essence, the Court discussed the public-interest value of a disputed article published in the magazine Paris Match, revealing aspects of the private life of a public person exercising an important political function. This blog focusses in particular on women’s right to tell the story of a relationship as a matter of personal identity. Read the rest of this entry »





Case Preview: Weller v Associated Newspapers, Appeal in “street photographs of children” case

25 10 2015

paparazzi-300x200On Tuesday 27 and Wednesday October 2015, the Master of the Rolls, Tomlinson and Vos LJJ will hear the appeal in the case of Weller v Associated Newspapers, which is estimate to last a day and a half. Read the rest of this entry »





The Davis judgement: does Article 8 of the European Charter go beyond Article 8 of the ECHR? – Sophie Stalla-Bourdillon

25 07 2015

bulk-retentionThe latest episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis and Ors  v The Secretary of State for the Home Department [2015] EWHC 2092 (Admin). Read the rest of this entry »





JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie Stalla-Bourdillon

10 07 2015

In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).

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Case Law: Re Application by JR 38 for Judicial Review, Supreme Court sharply divided on whether Article 8 engaged for child suspected of committing crime in public – Alex Bailin QC

4 07 2015

RiotThe UK Supreme Court was divided 3-2 in the recent appeal of Re an application by JR 38 for Judicial Review ([2015] UKSC 42) on whether Article 8 ECHR was engaged for a child aged 14 who was suspected of involvement in criminal rioting. Read the rest of this entry »





Case Law, Strasbourg: Armellini v Austria, No violation of Article 10 in “football bribes” defamation case

12 05 2015

Casino_SW_BregenzIn the case of Armellini v Austria (Judgment of 16 April 2015) the First Section of the Court of Human Rights dismissed an Article 10 complaint by applicants who had been found guilty of defaming professional footballers by accusing them of taking bribes. The decision of the domestic court to convict the applicants of defamation was based on relevant and sufficient grounds and  properly balanced the Article 8 and Article 10 rights involved. Read the rest of this entry »





Case Law: R (Catt) v Commissioner of Police for the Metropolis, Public Protest, Private Rights – Dominic Ruck Keene

15 03 2015

john-catt_2509902bIn the case of R (Catt) and R (T) v Commissioner of Police of the Metropolis ([2015] UKSC 9) a majority of the Supreme Court held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR. Read the rest of this entry »





Case Law, Strasbourg: Firma EDV für Sie v Germany, Article 8, companies and the right to reputation – Hugh Tomlinson QC

9 10 2014

ARCHITECTURE STOCKThe decision in Firma EDV für Sie, EfS Elektronische Datenverarbeitung Dienstleistungs GmbH v Germany (App No, 32783/08, 2 September 2014) involved a consideration of the interesting question as to whether a company has a right to reputation under Article 8.  The Fifth Section of the Court proceeded on the basis that a company did have such rights. The application was, however, found to be inadmissible on the basis that a fair balance had been struck between Articles 8 and 10 by the domestic court. Read the rest of this entry »





Case Law, Strasbourg: Salumäki v. Finland, No violation of Article 10 in “defamatory headline” case – Hugh Tomlinson QC

27 05 2014

20140401iltasanomatetusivu20140431In the case of Salumäki v. Finland ([2014] ECHR 459) the Fourth Section of the Court of Human Rights held that a defamation decision did not violate Article 1o, despite the fact that all the facts in the article in question were true.  The article bore an defamatory “innuendo” meaning and applying the Axel Springer criteria, the Court found that the domestic courts had struck a fair balance between the competing interests at stake. Read the rest of this entry »





Case Law: Re G (Adult), Press has no direct role in welfare proceedings in Court of Protection – Rosalind English

22 05 2014

2646_MunbyIn the case of Re G (Adult) (Associated Newspapers Limited intervening) ([2014] EWCOP 1361) Sir James Munby, President of the Court of Protection ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Capacity Act.  Read the rest of this entry »