Misuse of private information and related claims
Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB
Misuse of private information and related claims

The following Information Law practice note produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB provides comprehensive and up to date legal information covering:

  • Misuse of private information and related claims
  • CPR changes in October 2019
  • Breach of confidence
  • Harassment
  • Defamation
  • Claims under the Human Rights Act 1998 against public authorities
  • Data protection law
  • Private nuisance

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Information Law?

The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are not public authorities. However, in any particular case, a claimant is well-advised to consider whether reliance on other causes of action might strengthen his/her ‘privacy claim’. As Lord Hoffmann observed in Wainwright v Home Office.

‘[t]here are a number of common law and statutory remedies of which it may be said that one at least of the underlying values they protect is a right to privacy.’

This Practice Note considers six causes of action which may be relevant in a ‘privacy claim’.

For more information on misuse of private information claims, see Practice Notes: Starting a claim for misuse of private information—a practical guide and Responding to a claim for misuse of private information—a practical guide.

CPR changes in

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