McKennitt & Ors v Ash & Anor

McKennitt & Ors v Ash & Anor

Permission to appeal is granted on grounds 1 to 5 as the issues raised are substantive, interrelated, and merit consideration by the Court of Appeal, particularly regarding the balance between privacy and freedom of expression and the application of public interest defences.

Parties
Claimants/respondents: Loreena McKennitt & Ors; Defendants/appellants: Niema Ash & Anr
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application granted in part
Legal Topics
Breach of Confidence, Right to Privacy, Freedom of Expression, Public Interest Defence, Costs Order
Privacy Law Media Law Breach of Confidence Right to Privacy Freedom of Expression Public Interest Defence Costs Order

Case Brief

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Parties

Loreena McKennitt & Ors

Claimants/respondents

Niema Ash & Anr

Defendants/appellants

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge struck the correct balance between Article 8 (right to privacy) and Article 10 (freedom of expression) rights
  2. 2 Whether the judge properly considered the public interest defence and the position of public figures
  3. 3 Whether Woodward v Hutchins remains good law and its applicability

Ratio Decidendi

Permission to appeal is granted on grounds 1 to 5 as the issues raised are substantive, interrelated, and merit consideration by the Court of Appeal, particularly regarding the balance between privacy and freedom of expression and the application of public interest defences.

Court Disposition

Application granted in part

Orders

  • Permission to appeal granted on grounds 1 to 5 inclusive
  • Permission to appeal refused on ground 6