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21 October 2009
Issue: 7390 / Categories: Legal News
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Non-celebrities affirm their privacy rights

Lawyers increasingly used by private sector organisations in civil actions

Privacy arguments are no longer the preserve of celebrities and are being used in new and unexpected areas of law.

The public sector, in particular, faces increasing numbers of privacy-based legal challenges.

The traditional legal battle between famous individuals and the media made up only two out of 28 reported privacy cases in the year leading up to 31 May 2009, according to research by Sweet & Maxwell.

This is partly because privacy arguments are increasingly being used against the media to prevent publication without a full court hearing.
Jaron Lewis, media partner at Reynolds Porter Chamberlain LLP, says: “Public figures are making more use of interim injunctions to stop stories not on the basis that the reporting is inaccurate but purely on the basis that the reporting infringes their privacy.

“These emergency injunctions can be imposed on the media at short notice, perhaps late at night or over the weekend, often by phone to a judge. The problem is that the court system doesn’t properly track these emergency injunctions so it is hard to quantify the problem.”

Lawyers are also more likely to raise privacy issues in civil cases brought against public sector organisations.

One recent high-profile example is the case of Purdy v DPP in which Debbie Purdy successfully argued that the lack of clarity on assisted suicide was a violation of her right to lead a private life.

Recent challenges to public sector organisations include: a man who claimed that a ban (for safety reasons) on him having an open-air funeral pyre when he died would be an invasion into his rights to a private life; and a single mother who claimed that the Child Support Agency was so inefficient in enforcing payment from the estranged father that the right of her and her children to lead a private life was breached.

Jonathan Cooper, of Doughty Street Chambers, says: “The wider use of privacy arguments in the UK courts is really the UK playing catch up with other countries where the concept of privacy has been taken more seriously.” He adds that the absence of privacy rights has been a defect of UK law.

Issue: 7390 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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