Various 3rd Wave Claimants v MGN Ltd

Parties

Procedural Posture

Civil Privacy/misuse of Private Information / Summary Judgment and Strikeout Application

Legal Issues

1. 1 Whether certain articles pleaded by claimants should be struck out or disposed of by summary judgment as not disclosing a viable cause of action for misuse of private information
2. 2 Whether prior publication or disclosure in open court destroys privacy rights
3. 3 Whether the articles were the product of unlawful information gathering

Ratio Decidendi

Some articles were struck out or summary judgment granted where the information was disclosed by the claimant, was aired in open court, or was too trivial to attract privacy protection. For other articles, the absence of positive evidence from the defendant as to the source, and the need for disclosure, meant that summary judgment or strikeout was inappropriate at this stage. Prior publication alone does not justify strikeout. Claims based solely on publication of information already in the public domain or disclosed by the claimant are not maintainable as misuse of private information.

Court Disposition

Partially allowed

Orders

• Summary judgment or strikeout granted in respect of certain articles where information was disclosed by the claimant, aired in open court, or too trivial to be actionable.
• Applications dismissed in respect of other articles; those claims survive to trial.