The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) and expert academic foreign law contributors have now prepared a timely new edition. Many of the contributors have appeared or advised in the leading cases which are shaping the law of privacy. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression.
Since the first edition was published the law of privacy has developed considerably. As predicted by the authors, a separate and distinct cause of action, known as "misuse of personal information" has been created, though its precise remit is still being defined by the courts. Alongside this new tort or equitable remedy, traditional causes of action (most notably breach of confidence) remain available to provide remedies for invasions of privacy. The common law continues to be influenced by the competing rights under Articles 8 and 10 of the European Convention on Human Rights and its concurrent Strasbourg jurisprudence and, to a lesser extent, by application of the principles established in the Data Protection Act 1998. The case law is developing on a case by case basis, drawing on comparative legal and academic sources where appropriate. Against this background the debate as to whether Parliament should enact a general law of privacy rumbles on.
Although intended as a practitioners' guide to the law, this major work includes a consideration of comparative and international jurisprudence, as well as leading academic writings on the subject, in order to elaborate the principles upon which privacy rights are based. These may helpfully guide the development of English law in the years ahead. The structure moves from the historical and contextual, through the academic and comparative, to the practical and developing law. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacy and practical advice on defenses and remedies that may be available. It is recognized that recent legislation, most notably the Data Protection Act 1998 and the Human Rights Act 1998, has had a significant impact on the law in this area and full consideration is given to their application. A vast range of important recent case law is also analyzed, including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown. The topic of super-injunctions is addressed as are the latest proposals for reform of the law in this rapidly-developing and highly controversial field.
Tugendhat and Christie: The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject.
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Iain Christie is a barrister at 5 Raymond Buildings specializing 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 Honors 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 5 Raymond Buildings. 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 organizations (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).
Review from previous edition: "Primarily intended as a practitioner's guide to the law, but it includes a consideration of comparative and international jurisprudence, as well as leading academic writing on the subject, in order to elaborate the principles upon which privacy rights are based ... the nearly 800 pages of the book cover surely everything readers ever wanted to know about privacy." --Media Lawyer
"...a major work that is likely to become the main guide for those concerned with the development of the law of privacy insofar as it affects the media." --Computer Law and Security Report
"The book's most obvious attraction is that it brings together the disparate aspects of English privacy law for the first time, but it has a great deal else to recommend it; the authors outline often confused areas of law succinctly and clearly; they extrapolate creatively from other actions to fill the many gaps left by the privacy cases; and they illustrate convincingly the degree to which the 'new' right of privacy is already entrenched in our law." --Commercial Law Journal (2005; 247)
"An impressive, well-informed book. The publishers are to be congratulated in producing an excellent survey and analysis of the law that will prove immensely useful to lawyers, broadcasters, editors and journalists alike." --Ent L.R. 2004, 15(5) 167
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