Date: Thu, 24 Jul 2008 11:54

From: Martin Hogg

Subject: Max Mosley wins breach of confidence action in High Court

Those interested in breach of confidence will want to take note of Mr Justice Eady's decision in Mosley v News Group Newspapers Ltd, published today.

The action by Mr Mosley for "breach of confidence and/or the unauthorised disclosure of personal information", relating to publication by the News of the World newspaper of a video, together with various reported details, of Mr Mosley's activities with five prostitutes, was successful.

Eady J notes that the "new methodology" in such actions is based upon the fact that:

"The law now affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no pre-existing relationship giving rise of itself to an enforceable duty of confidence. That is because the law is concerned to prevent the violation of a citizen's autonomy, dignity and self-esteem" (para 7).

Martin Hogg

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