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11 Cards in this Set
- Front
- Back
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How can convention right claims be brought against private bodies? (+ case) |
Horizontal effect: the court is a public authority and is bound to act in a manner compatible with the Convention rights (Thompson and Venables) |
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What is the cause of action for Art 8 and 10 conflict? |
Breach of confidence or misuse of private information - will assess claim in a way compatible with HRA (Douglas v Hello!) |
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What is the 'duty of confidence'? |
Law imposes a duty of confidence where 'a person receives information he knows or ought to know is fair and reasonable to be regarded as confidential.' (Campbell v MGN) "The law affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no pre-existing relationship giving rise of itself to an enforceable duty of confidence." (Mosley) |
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How do you determine if there's been a breach of confidence? |
Threshold Test: Campbell 1. Is there a reasonable expectation of privacy as such to engage Art 8 at all? Objectively from pov of reasonable person in C's position |
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Name the important cases for Art 8 engagement (3) |
Peck: CCTV suicide attempt broadcasted on television Marper: Retention of fingerprints and DNA permitted under PACE was unnecessary and disproportionate Wood v MPC: retention of photographs although necessary is disproportionate |
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What is the proportionality test for two competing Convention rights? |
Campbell v MGN
1. Examine the comparative importance of the rights in the individual case 2. Examine the justification for interfering with the rights and 3. Apply the proportionality test to both |
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What is the justification for contempt of court?
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Freedom of expression is limited by the need to protect administration of justice. Art 6, being an absolute right, prevails over Art 10. |
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What is the difference between civil and criminal contempt? |
Civil: disobeying court orders Criminal: behaviour that prejudices a fair trial in criminal or civil proceedings or brings the courts to disrepute. |
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What is the problem question structure for Contempt of Court? |
1. Strict Liability rule: does s.1 apply? [Conduct that may interfere with the course of justice in particular legal proceedings] 2. Is it a publication (s.2(1) communication to the public at large; Associated Newspapers: includes online media and social media) 3. Are the proceedings active (s.2(3)) > in criminal, active once arrest is made > in civil, when date of the trial is fixed 4. Does the publication create a 'substantial risk' of 'serious prejudice'? (Associated Newspapers) > is the risk of prejudice substantial? and > is the degree of prejudice serious 5. Defences > s.3: D did not know or have reason to believe that proceedings were active at the time of publication > s.4: Contemporary report of proceedings 6. Does s.5 apply? > Not contempt if publication made as a discussion in good faith of public affairs or other matters of general public interest and if the risk of prejudice to particular legal proceedings is merely incidental to the discussion |
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Why is s.5 not regarded as a defence to contempt of court? |
It stands on equal footing with s.2(2) - the prosecution must prove that s.2(2) is satisfied and that s.5 does not apply (AG v English) |
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What is common law contempt of court? (+ case) |
Offence is committed where publication is calculated to impede/prejudice administration of justice. Includes recklessness (AG v Hislop) |
