Tugendhat and Christie

Iain Christie is a barrister at 5RB specialising in the human rights aspects of media law, in particular the relationship between the right of personal privacy and the right to freedom of expression. Prior to joining 5RB he was a legal adviser to the Foreign & Commonwealth Office and acted for the Government in a number of high profile cases before the European Court of Human Rights. He has been the UK representative on various international negotiations at the United Nations and Council of Europe and has worked on several Parliamentary Bills including the Human Rights Act 1998. He is now on the Attorney General's panel of junior counsel to the Crown. Iain appeared in the House of Lords for the Claimants in Wainwright v Home Office, for which he was nominated for the Bar Pro Bono Award in 2003, and more recently for Michael Durant in his bid to overturn the controversial Court of Appeal ruling on access to personal data. Dr Nicole Moreham is a Senior Lecturer at the Faculty of Law, University of Wellington. She joined in 2006 having spent seven years at Gonville and Caius College, University of Cambridge, first as a Masters and PhD student and then as a Fellow and Lecturer in Law. She completed her undergraduate Honours degree at the University of Canterbury and worked as a judges' clerk at the New Zealand Court of Appeal. Nicole's doctoral thesis is entitled 'Privacy and the Common Law' and she continues to research and publish on privacy law. Her research interests also extend to other aspects of media law and to the law of tort and she taught the law of contract and administrative law for several years at Cambridge. Mark Warby QC is a leading silk in media, entertainment and sports law at 5RB. Over the years he has acted for and against all the national newspaper groups, and major broadcasters, national, regional and local newspapers and magazines and several Internet organisations (Demon, AOL, Google). Claimant clients have included many well known figures from the worlds of entertainment, the media, sport and politics. Defamation, privacy and data protection are substantial elements of his practice. Notable recent cases include Max Mosley v News Group (privacy of S&M activities), Atlantis v L'Espresso (for Italian magazine, defeating corporate libel claims over minimal English publication), Murray v Big Pictures (for agency, defending J K Rowling's claim over pictures of her infant son).

I SOURCES, PRINCIPLES AND RIGHTS ; 1. Context and Background ; Introduction ; Common Law and Equity ; Legislation ; The Media Codes and the 'New Media' ; Reviews and Reform ; The European Convention on Human Rights and the Human Rights Act 1998 ; 2. Privacy Rights ; Introduction ; The Scope of the Privacy Interest ; The Rationale for Protecting Privacy ; 3. Privacy in Europe and the Common Law ; Introduction ; Sources of English Privacy Law ; Privacy in Other Jurisdictions: The Common Law ; Privacy in European Civil Law ; II PUBLICATION OF PERSONAL INFORMATION ; 4. Breach of Confidence ; Introduction ; The Cause of Action for Breach of Confidence: An Overview ; Classification of Confidential Information ; Criteria for Confidentiality ; The Duty of Confidence ; 5. Misuse of Personal Information ; Introduction ; Overview of the Cause of Action ; When Is There a Reasonable Expectation of Privacy? ; Evaluating Article 8 Rights in the 'Ultimate Balancing Test' ; 6. Data Protection and the Media ; Introduction ; Data Protection ; Data Protection Act 1998 ; 7. Privacy, Defamation and False Facts ; Introduction ; Protection of Privacy by Defamation Law ; Conflict between Defamation and Privacy ; 8. Publication of Personal Information: Special Issues ; Introduction ; Elements of Wrongful Disclosure of Private Information ; Rights and Enforcement ; IIII COMMERCIAL RIGHTS AND INTRUSION ; 9. Copyright, Moral Rights, and the Right to One's Image ; Introduction ; Privacy Interests and Copyright Subject Matter ; The Limitations on Exclusive Rights for News Reporting and Other Publication ; The Collision between Copyright and the Privacy Rights of Third Parties ; Moral Rights ; Publicity Rights ; 10. Intrusion ; Introduction ; Common Law Protection against Intrusion ; Legislative Protection against Intrusion ; Scope for Developing an Intrusion Tort ; IV PRIVACY REGULATION ; 11. The Privacy Codes ; Introduction ; The Human Rights Act 1998 ; The Data Protection Act 1998 ; Judicial Remedy or Regulatory Complaint ; The Regulatory Bodies ; The Codes and Adjudications ; The Regulatory Bodies as Public Authorities ; Application of the Codes to 'New Media' ; V DEFENCES ; 12. Justifications and Defences ; Introduction ; Defences of General Application ; Defences to Claims for Disclosure of Private Facts ; Defences to Claims for Intrusive Acts ; Defences to False Light Claims ; Defences to Appropriation of Name or Likeness Claims ; Limitation of Actions ; VI REMEDIES ; 13. Remedies ; Introduction ; Human Rights Act 1998, s12 ; Injunctions ; Damages ; Other Remedies ; VII THE ACTION ; 14. Privacy and Procedure in Privacy Cases ; Introduction ; Who? Claimants, Defendants and Others ; What? Remedies, Routes, Causes of Action, and Applicable Law ; When? Timing and Limitation ; Where? Jurisdiction and Venue ; How? Conduct of the Action ; 15. Privacy in Court Proceedings ; Introduction ; Physical Access to the Courtroom ; Control of Access to Court Documents ; Restrictions on the Reporting of Proceedings Held in Private ; Restrictions on the Reporting of Proceedings Held in Public ; Restrictions on the Use of Material that is Disclosed in the Course of Court Proceedings ; VIII THE PRIVACY RIGHTS OF THE MEDIA ; 16. Protection of Journalistic Material ; Introduction ; Protection of Sources: The Common Law ; Contempt of Court Act 1981, s10 ; Access to Journalists' Sources: Statutory Powers