Privacy and misuse of private information—overview

The tort of misuse of private information The tort of misuse of private information centres on protecting human autonomy and dignity—the ability to control how details of one’s private life are shared, and the claim to others’ esteem and respect (Campbell v MGN). Commonly, as in Campbell, the only alleged ‘misuse’ is the unlawful publication, or threatened publication, of personal information to the world at large. The alleged wrongdoer is frequently a media organisation and/or an individual seeking disclosure through the media. A claim may nevertheless be brought where material is circulated more narrowly, if that would unjustifiably interfere with the claimant’s right to respect for private life under article 8 of Part I of Schedule I to the Human Rights Act 1998 (HRA 1998), which gives effect to rights contained in the European Convention on Human Rights (ECHR). The tort is not confined to publication alone, as the so‑called ‘phone hacking’ litigation showed. In those actions by various individuals against news organisations, part of the complaint was the unlawful accessing of voicemails, and in Gulati v MGN the court awarded damages for the invasion of privacy...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...