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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> CTB v News Group Newspapers Ltd & Anor  EWHC 1232 (QB) (16 May 2011)
Cite as:  EWHC 1232 (QB)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
|- and -
|(1) NEWS GROUP NEWSPAPERS LIMITED
(2) IMOGEN THOMAS
Richard Spearman QC (instructed by Farrer & Co) for the First Defendant
David Price QC (of David Price Solicitors & Advocates) for the Second Defendant
Hearing dates: 14 & 20 April 2011
Crown Copyright ©
Mr Justice Eady :
"The first limiting principle (which is rather an expression of the scope of the duty) is highly relevant to this appeal. It is that the principle of confidentiality only applies to information to the extent that it is confidential. In particular, once it has entered what is usually called the public domain (which means no more than that the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential) then, as a general rule, the principle of confidentiality can have no application to it."
i) No one Convention article has as such precedence over another.
ii) Where conflict arises between rights under Article 8 and Article 10, an "intense focus" is required in the particular circumstances of the case upon the comparative importance of the specific rights being claimed.
iii) The court must take into account the justification put forward for interfering with or restricting each right.
iv) The proportionality test must be applied to each.
" … the Assembly reaffirms the importance of every person's right to privacy, and of the right of freedom of expression, as fundamental to a democratic society. These rights are neither absolute nor in any hierarchical order, since they are of equal value."