The Right to Privacy and Advance Notification: Mosley v The United Kingdom, Part 2 – Ashley Savage and Paul Mora

28 06 2012

The discussion in the first part of this post clearly showed that domestic law did not provide Max Mosley with an effective remedy for his invasion of privacy of which he complained before the European Court. Strasbourg’s finding that art. 8 does not impose a positive obligation on Contracting States to implement a measure where individuals are provided with notification in advance of an intrusive publication being made so that they may seek an interim injunction is thus open to strong criticism. Read the rest of this entry »





The Right to Privacy and Advance Notification: Mosley v The United Kingdom, Part 1 – Ashley Savage and Paul Mora

27 06 2012

The Fourth Section of the European Court of Human Rights at Strasbourg handed down judgment in the case of Mosley v. The United Kingdom ((2011) 53 E.H.R.R. 30) on May 10, 2011. The applicant, Mr Max Mosley, argued that art. 8 of the European Convention on Human Rights (ECHR) imposed a positive obligation on Contracting States to enact a legal measure which required individuals to receive notification from the press in advance of them publishing information that interfered with their private lives. Read the rest of this entry »