Chapter 16 Self-test questions

. A number of different causes of action were attempted by the plaintiff in Kaye v Robertson. Of those listed below, which one was successful?

Malicious falsehood.

Trespass to the person.

Breach of privacy.

Defamation.

. Which of the following facts was not significant in the House of Lords decision in Campbell v Mirror Group Newspapers?

That the publication was correcting a previous assertion by the claimant.

That details of treatment for drug addiction raise an expectation of confidence.

That the claimant had a particularly high public profile.

This was held by the court to be a significant factor in finding liability.

. Article 10 of the ECHR (and incorporated into the Human Rights Act 1998) protects the right to private and family life.

True

False

. Which of the following statements is most accurate in respect of A v B?

The secrecy required of adulterous affairs means that they deserve special legal protection from breach of confidence.

A role model such as a premier league footballer should never expect legal protection when he engages in extra-marital relationships.

The granting of an interim injunction in such a case would unjustifiably interfere with individual and press freedom.

. The court in HRH Prince of Wales v Associated Newspapers held that in conducting a balancing exercise, neither Article 8 nor Article 10 took precedence over the other.

True

False

. Which case is the odd one out?

Wainwright v Home Office

McKennitt v Ash

Albert v Strange

Mosley v NGN

. Which of the following statements is most accurate regarding the 2001 Court of Appeal decision in Douglas v Hello!?

Sedley LJ sweepingly asserted that a law of privacy was being developed by the courts in accordance with the Human Rights Act.

The Court of Appeal held that an injunction would be the most appropriate way of protecting the couple's interests.

The fact that the claimants' interest was purely commercial led Sedley LJ conclusively to rule in favour of freedom of the press.

. Which of the following statements in not true of the 2004 case of Von Hannover v Germany?

A decisive factor in the balancing exercise by the court was whether the photographs could be said to make a meaningful contribution to a debate of general interest.

A decisive factor in the court's verdict was the fact that the subject of the photographs held a public office.

This was a European case which potentially could have been affected by the privacy laws of more than one jurisdiction.

The decision can be described as 'pro-privacy'.

. Amy is photographed on CCTV in a drunken state, climbing a tree on the front lawn of her university Law Building. This photograph is then posted on the university's Student Discipline website, as an example of prohibited behaviour. Which one of the following cases would best assist Amy in any legal action against university authorities?

Peck v UK

Campbell v Mirror Group Newspapers

Theakston v Mirror Group Newspapers

Venables v Mirror Group Newspapers

. The duty of confidence can never be owed to someone by the world at large.

True

False

. In considering the law in other jurisdictions, which of the following jurisdictions could be said to have the strongest position protective of privacy?

Australia

United States

Germany

New Zealand

. Which of the following remedies would be most likely to be granted by a court following a successful breach of confidence action?

Damages.

An injunction.

An interim injunction.

Quiz Content