Shock privacy ruling set to spark celeb court rush
Media lawyers pan surprise ruling that grants new privacy right to celebrity targets
December 13, 2006 at 07:03 PM
2 minute read
Media lawyers are expecting a surge of work following a recent ground-breaking ruling restricting the publication of an adulterous celebrity's identity that has redefined the meaning of privacy.
In a ruling on 4 December, Mr Justice Eady found in favour of the claimant who was arguing that his name should not be leaked to the press as he wanted to protect his wife and children from scandal.
The judgment, which sets out new limits on privacy, is thought to be the first of its kind.
Referring to article eight of the Human Rights Act which advocates the 'right to privacy', the judge imposed a temporary injunction in order to protect the celebrity's wife and children from the candal.
Henri Brandman & Co, instructing 5 Raymond Buildings' Mark Warby QC, acted for the celebrity and Jackson & Canton, instructing Exchange Chambers' Edward Bartley QC, acted for the defendant, who wanted to leak the name.
This ruling is expected to have significant implications for media lawyers as it could lead to a flow of public figures seeking injunctions in order to protect their privacy.
Yet many media lawyers have strongly criticised the decision.
Reynolds Porter Chamberlain defamation and IP partner David Hooper said: "It is a very surprising decision that will probably result in more litigation. It seems to me a serious error of judgment and the balance between privacy and freedom of speech was wrong. We are simply moving towards the draconian French law of privacy."
He added: "If the celebrity was so worried about his children he should have kept his trousers on."
Eversheds media partner Norman Chapman said: "Expect a queue to form outside Eady J's court until he is overturned or the tabloids change their ways."
Olswang media partner Dan Tench said: "In terms of legal decisions this is clearly startling. It has raised the bar in terms of privacy protection."
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