Law firm Brabners LLP has just issued a claim in the Chancery Division of the High Court against the Sun on behalf of client Ben Stokes. The claim is for misuse of private information in relation to an article run by the outlet which examined elements of the cricketers family life.
Firstly, it will be considered whether Stokes had a reasonable expectation of privacy in relation to the information at issue. As the matters involved his family as the victims of a highly sensitive crime this is likely to be made out on the facts. Information concerning the historical wrongdoing against his family is likely to be sensitive and private in nature.
As to the second limb of the test- the public interest in running the story, there can be little justification. There is clearly very little, if any, public interest in baring the trauma of a family of the famous cricketer. The associated health risks to the family must be considered and weigh heavily in favour of preventing publication.
Under IPSO Guidelines there is also the matter of intruding into the ongoing grief and shock of the family. This will also be a persuasive factor. Matters involving the circumstances of the passing of a family member are, by necessity, highly sensitive.
Ulimately, the Sun is likely to have little justification for its actions and Stokes deserves recourse. TPP will be following the case as it unfolds.