King v Sunday Newspapers Ltd [2012] NICA 24 (29 June 2012)
The complexity and novelty of the privacy law issues raised in the litigation constituted special cause under Section 59(2) of the Judicature (Northern Ireland) Act 1978, justifying an award of costs on the High Court scale.
- Citation
- [2012] NICA 24
- Parties
- Plaintiff/appellant: Drew Robert King; Defendant/respondent: Sunday Newspapers Limited
- Jurisdiction
- Northern Ireland
- Judgment Date
- 29 June 2012
- Procedural Posture
- Appeal From High Court Costs Order / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Misuse of Private Information, Harassment, Costs, Article 8 ECHR, Article 10 ECHR, Article 2 ECHR, Article 3 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
Drew Robert King
Plaintiff/appellant
Sunday Newspapers Limited
Defendant/respondent
Procedural Posture
Appeal From High Court Costs Order / Court of Appeal Judgment
Legal Issues
- 1 Whether complexity and novelty of privacy law issues justify awarding costs on High Court scale rather than County Court scale
- 2 Whether the plaintiff can rely on privacy rights of family members not party to proceedings
- 3 Appropriate balance between Article 8 and Article 10 rights in context of publication of private information
Ratio Decidendi
The complexity and novelty of the privacy law issues raised in the litigation constituted special cause under Section 59(2) of the Judicature (Northern Ireland) Act 1978, justifying an award of costs on the High Court scale.
Court Disposition
Appeal allowed
Orders
- Costs to be awarded on High Court scale due to complexity and novelty of issues
Full Case Text
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