King v Sunday Newspapers Ltd [2012] NICA 24 (29 June 2012)

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

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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

  1. 1 Whether complexity and novelty of privacy law issues justify awarding costs on High Court scale rather than County Court scale
  2. 2 Whether the plaintiff can rely on privacy rights of family members not party to proceedings
  3. 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