ZXC v Bloomberg LP [2020] EWCA Civ 611 (15 May 2020)

ZXC v Bloomberg LP [2020] EWCA Civ 611 (15 May 2020)

A person under criminal investigation has, in general, a reasonable expectation of privacy in relation to that fact and the details of the investigation prior to being charged. The publication by Bloomberg of information drawn from a confidential Letter of Request, identifying the claimant as a suspect and detailing the suspicions and evidence, constituted a misuse of private information. The claimant's Article 8 rights outweighed Bloomberg's Article 10 rights in the circumstances, particularly given the confidential and preliminary nature of the investigation and the absence of public interest sufficient to justify publication.

Citation
[2020] EWCA Civ 611
Parties
Respondent (claimant): ZXC; Appellant (defendant): Bloomberg L.P.
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division
Outcome
Appeal dismissed; judgment for the claimant (ZXC) upheld.
Legal Topics
Misuse of Private Information, Reasonable Expectation of Privacy, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Confidentiality, Reporting Restrictions
Privacy Law Media Law Human Rights Misuse of Private Information Reasonable Expectation of Privacy Freedom of Expression Article 8 ECHR Article 10 ECHR +2 more

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Parties

ZXC

Respondent (claimant)

Bloomberg L.P.

Appellant (defendant)

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether a person under criminal investigation has a reasonable expectation of privacy in that fact and related details prior to charge
  2. 2 Whether publication of such information by a media organisation is justified under Article 10 ECHR
  3. 3 Whether the confidential nature of a Letter of Request (LoR) affects the privacy analysis

Ratio Decidendi

A person under criminal investigation has, in general, a reasonable expectation of privacy in relation to that fact and the details of the investigation prior to being charged. The publication by Bloomberg of information drawn from a confidential Letter of Request, identifying the claimant as a suspect and detailing the suspicions and evidence, constituted a misuse of private information. The claimant's Article 8 rights outweighed Bloomberg's Article 10 rights in the circumstances, particularly given the confidential and preliminary nature of the investigation and the absence of public interest sufficient to justify publication.

Court Disposition

Appeal dismissed; judgment for the claimant (ZXC) upheld.

Orders

  • Award of damages to the claimant for misuse of private information.
  • Injunction restraining Bloomberg from publishing information further identifying the claimant as the subject of the criminal investigation.