Quiz Content

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. Is there a tort of invasion of privacy? Which is the most accurate statement of the law?

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. Which Article of the European Convention on Human Rights operates best to protect privacy?

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. Peria is a pop star who is regularly featured in the newspapers. She is involved in an accident and ends up in hospital recovering from serious head injuries. Whilst she is recovering a journalist and photographer from The Daily News come to interview her and take photos of her in her hospital bed. She is so unwell that she has no recollection of the interview, and when she later discovers that The Daily News intends to publish, she brings a claim for an injunction to prevent publication. How likely is Peria to be successful?

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. Which articles of the European Convention on Human Rights are typically balanced in a claim relating to privacy?

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. Natalie is a model who is photographed coming out of a plastic surgery clinic. Natalie is an advocate for natural beauty and has always denied having any surgical enhancements to her body and criticised other models who do. The Daily News publishes a photograph of Natalie coming out of the clinic, with the plastic surgery sign visible in the photograph and an article about her seeking treatment. Natalie wishes to bring a claim for breach of confidence - will she be successful?

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. Meredith is a television personality. She decides to go to the shops to buy a coffee and is photographed by a newspaper photographer wearing baggy trousers and a stained sweatshirt. Meredith would like to seek an injunction to prevent the newspaper from publishing the photograph, will she be successful?

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. What is the test in relation to a breach of confidence or the misuse of private information which has evolved from the leading case of Campbell v MGN [2004]?

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. A convicted child murderer has been released from prison but has been given a new identity. The Daily News is given information from an anonymous source which identifies the murderer's new name and where he now lives. Can the murderer successfully obtain an injunction to prevent publication of this information?

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. Estelle is one half of a celebrity couple who are well-known on television and have a young family. She has a sexual relationship with Amy and the editor of The Daily News notifies Estelle that they intend to publish Amy's account of the relationship. Estelle wishes to bring a claim that publication breaches her right to privacy and confidentiality under Article 8 EHCR. The Court imposes an injunction restraining the publication of information disclosing the identity of Estelle and details of the sexual relationship. After this date Amy's account is published in print and online in the USA identifying Estelle, although some geo-blocking occurs so that internet users in England and Wales can't access the websites easily. Will Estelle be successful in her claim for an injunction?

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. Erin breaks up with her boyfriend Ferdy, leaving him for another man and in revenge he threatens to disclose intimate photographs of her, that he had taken during their relationship, threatening to share them with her friends, family and employer. Can Erin successfully seek an injunction to prevent Ferdy from disclosing the photographs and on what basis?

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. How do the Courts deal with child Claimants as compared with adults in claims relating to privacy?

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. Jerome is the captain of an England sports team who regularly gives motivational speeches to young people as a role model for how to behave. He has an affair with his team-mate's wife and The Daily News wishes to publish an article about the affair, along with photographs of the couple together in restaurants and bars. Jerome wishes to protect his reputation and privacy by seeking an injunction preventing publication, will he be successful?

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. What is a super-injunction?

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. Aurelie intends to commit suicide by jumping from the top of a building in her local town centre. She is recorded by CCTV cameras as she is on the roof. The police persuade her to come down and detain her under the Mental Health Act, and she is later released, The CCTV footage is passed to the local television news programme and newspapers to highlight the good work of the police officers and their use of CCTV to protect the public. Aurelie wishes to bring a claim that her privacy has been breached by the use of the CCTV footage under Article 8 EHCR, will she be successful?

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. In a claim for breach of confidence/misuse of private information, the Court will consider whether the Claimant has a reasonable expectation of privacy (an objective test), then conducts a balancing exercise between the Article 8 right to respect for private and family life and the Article 10 right to freedom of expression. Which of the following factors is NOT part of the Court's approach to the balancing exercise?

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