Misuse of Private Information: Claimant Checklist on Merits, Defences, Limitation, Jurisdiction, Injunctions, Funding, Pre-Action and Settlement (England and Wales)

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Checklists

Checklist for privacy claims

This Checklist for privacy claims pinpoints the principal matters to weigh up when advising a prospective claimant contemplating a misuse of private information claim (privacy claim). It centres on the merits: what the claimant must show to found the cause of action; any defences; limitation and jurisdictional questions; injunctions to stop publication; preservation of documents; regulatory complaint; pre-action conduct; funding and issue of proceedings; and settlement, including Part 36 offers.

Read this Checklist alongside Practice Note: Starting a claim for misuse of private information—a practical guide. To anticipate how an opponent might respond to a threatened privacy claim, see also Practice Note: Responding to a claim for misuse of private information—a practical guide.

Action Comments Is there a viable privacy claim?

The underlying legal right for this cause of action derives from Article 8 of the European Convention on Human Rights (ECHR), incorporated into English law by the Human Rights Act 1998 (HRA 1998). The ECHR is contained in HRA 1998, Schedule 1...

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Web page updated on 20/05/2026

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