Mosley v News Group Newspapers Ltd
The material is so widely accessible and in the public domain that an injunction would make no practical difference; the claimant no longer has a reasonable expectation of privacy in respect of the footage, or, if he does, there is nothing left for the law to protect. The application is therefore refused.
- Parties
- Claimant: Max Mosley; Defendant: News Group Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 09 April 2008
- Procedural Posture
- Application for Interim Injunction / Ruling on Interim Injunction Application
- Outcome
- Application for interim injunction refused
- Legal Topics
- Interim Injunctions, Reasonable Expectation of Privacy, Public Domain, Freedom of Expression, Balancing Article 8 and Article 10 Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Max Mosley
Claimant
News Group Newspapers Limited
Defendant
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the claimant is entitled to an interim injunction restraining publication of edited video footage on privacy grounds
- 2 Whether the material remains protected by privacy rights after widespread publication
- 3 Whether there is a legitimate public interest in further publication of the footage
Ratio Decidendi
The material is so widely accessible and in the public domain that an injunction would make no practical difference; the claimant no longer has a reasonable expectation of privacy in respect of the footage, or, if he does, there is nothing left for the law to protect. The application is therefore refused.
Court Disposition
Application for interim injunction refused
Full Case Text
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