Podcast Location:
Download it here [file size: 18.7 MB]
Categories:
Defamation and Reputation Management
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims briefly to summarise the development of the law of privacy up to Mosley and how it relates to Breach of Confidence claims, before analysing in detail what ratio can be taken away from Eady J's judgement

This podcast also aims to set out what test the courts will apply, and which considerations are now considered relevant or irrelevant to the balancing exercise between Articles 8 and 10 ECHR

Outcomes:
After completing the course you will:
  • Distinguish personal information from confidential information and when the two may overlap;
  • Understand the relationship between the new privacy law and the equitable claim for breach of confidence;
  • Know what justifications may be offered for infringement of Article 8 rights, and how they should be judged against public policy considerations;
  • Be aware of how Lord Goff's 'limiting principles' are to be considered in the light of the Mosley case;
  • Be better informed as to the level of disclosure that the courts are likely to consider in the public interest and which is likely to be gratuitous;
  • Understand what broad generalisations can be taken away from the case law and what test the courts are likely to apply.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] E.M.L.R. 20;
  • Human Rights Act 1998;
  • Re S (A Child) (Identification: Restrictions on Publication) [2004] UKHL 47; [2005] 1 A.C. 593; [2004] 3 W.L.R. 1129;
  • Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22; [2004] 2 A.C. 457; [2004] 2 W.L.R. 1232;
  • HRH Prince of Wales v Associated Newspapers Ltd [2006] EWCA Civ 1776; [2008] Ch. 57; [2007] 3 W.L.R. 222;
  • Tolley v JS Fry & Sons Ltd [1931] A.C. 333;
  • Bonnard v Perryman [1891] 2 Ch. 269; [1891-94] All E.R. Rep. 965;
  • Von Hannover v Germany (59320/00) (2006) 43 E.H.R.R. 7.
Tags:

This summary examines the celebrated case of Mosley v News Group Newspapers and its effect upon the continuing development of the protection of Privacy under English law. Robert Deacon, a barrister at 11 Stone Buildings, provides 15 key points of clarification afforded by Mosley, as well as analysing the distinction between this new law of Privacy and other claims such as Breach of Confidence and Defamation.

Podcast added: 27/03/09 Podcast last reviewed: 06/06/2010

This podcast is currently being reviewed following the outcome of the ECHR proceedings in May 2011.

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