Data protection rights

Personal data, such as your name, likeness, birthday or any other information which can be used to identify you is highly sensitive.

Protecting and bringing actions on the basis of your personal data being harvested, used or misused is a key foundational right to privacy. Continue reading

Cricketer Ben Stokes to bring misuse of private information claim against the Sun

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. Continue reading

Prince Harry to sue Sun, News of the World, and the Daily Mirror for phone-hacking

Following issuing a strong statement denouncing the British Press on 01 October 2019 Prince Harry has launched his own legal claim against news outlets the Sun, News of the World and Daily Mirror for phone hacking.

The case comes following his spouse Meghan Markle issuing proceedings against the Mail on Sunday on grounds of misuse of private information, breach of copyright and the Data Protection Act 2018.

Many practitioners will be aware of the leading phone hacking case of Gulati, which covered historic News of the World phone hacking. This set the bar for damages at £10,000 per year of serious phone hacking. The case set out standardised elements and covered awards for a variety of famous claimants.

Prince Harry is set to be the latest of these claimants in a series of litigation the likes which is unprecedented from the Royal Family. It is now apparent why his statement was so strong worded. This is the most significant action of the Royal Family against the press to date.

Duchess of Sussex Meghan Markle to sue the Associated Newspapers

The Duchess of Sussex, Meghan Markle, is suing Associated Newspapers (parent company of the Mail on Sunday) for misuse of private information, infringement of copyright and breach of the Data Protection Act 2018.

The official statement on the matter can be found on the Duke and Duchess’  website. The action comes after the Mail on Sunday ran an article in February 2019 publishing a personal letter from the Duchess to her father.

The Duchess has turned to specialist reputation management law firm Schillings, which issued the following statement:

“We have initiated legal proceedings against the Mail on Sunday, and its parent company Associated Newspapers, over the intrusive and unlawful publication of a private letter written by the Duchess of Sussex, which is part of a campaign by this media group to publish false and deliberately derogatory stories about her, as well as her husband. Given the refusal of Associated Newspapers to resolve this issue satisfactorily, we have issued proceedings to redress this breach of privacy, infringement of copyright and the aforementioned media agenda”.

The case is being privately funded with any proceeds being donated to an anti-bullying charity.

Determining the meaning of a statement in defamation proceedings before the Supreme Court – Stocker v Stocker [2019] UKSC 17

The Supreme Court has heard a case on establishing the meaning of the statement “he tried to strangle me”. The case concerned and exchange between Mrs Stocker and an Ms Bligh (then Mr Stocker’s partner) on Facebook in which Mrs Stocker alleged that Mr Stocker tried to strangle her.

In this context, Mrs Stocker also alleged that Mr Stocker had been removed from the house following issuing threats against her, that there were some “gun issues” and that the police had determined he had breached a non-molestation order. Continue reading

The end of the kiss and tell story? – PJS v News Group Newspapers Ltd [2016] UKSC 26

The case of PJS concerned an application for an interlocutory injunction. PJS was well known in the entertainment business and married to YMA, who was similarly well known. They had young children. In 2007 or 2008 PJS met AB and had occasional sexual encounters with them despite AB having a partner, CD. In December 2011 PJS had a three-way sexual encounter with AB and CD following which the sexual relationship with PJS and AB came to an end. Continue reading

Copyright

Copyright under English law is primarily established under the Copyright Designs and Patents Act 1988. Copyright can extend to protect videos and images taken by you on your devices.

In such circumstances, these videos and images are protected 70 years from the end of the life of the taker. This can function to protect photographs and videos that you have taken from use by third parties. By enforcing your copyright ownership you can control who has the right to use and edit the images and/or footage in question. This is usually in the form of a cease and desist letter notifying the third party of your ownership of the material whilst asking that they stop usage as soon as possible.

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