Date: Wed, 18 May 2005 14:20:32 +0100

From: Charles Mitchell

Subject: Douglas v. Hello

List members may be interested to know that the English Court of Appeal has now given judgment in Douglas v Hello Ltd.

The court holds (rather unhappily - see para 53) that the English courts must develop the wrong of breach of confidence in order to protect claimants' ECHR Art 8 rights to privacy, in light of (1) the ECtHR's finding in von Hannover v Germany that member states must take positive steps to protect individuals from unjustified invasions of their private life by other individuals, and (2) the HL's findings in Campbell v MGN that (a) the Human Rights Act 1988 creates no new causes of action between private persons and (b) English law recognises no tort of 'breach of privacy'.

The judgment also features discussion of the economic torts.

--
Charles Mitchell

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