Tuesday, 9 December 2014

Speaking extra-judicially - Lord Toulson on Strasbourg influence

Speaking extra-judicially - ICLR: "As in a later case, Kennedy v Information Commissioner [2014] UKSC 20;  [2014] 2 WLR 808, which Lord Toulson also discussed, the court reached its decision on the common law principles of open justice, and not on article 10 of the Human Rights Convention, in order to permit disclosure of documents to the media.  "However,

I am certainly not advocating that the European Convention should be ignored in the development of the common law. The expansion of the action for breach of confidentiality to include a partial law of privacy is a striking example of the Convention leading to a change in the common law which had been widely regarded as defective."  Compare Kaye v Robertson ([1990] EWCA Civ 21) [1991] FSR 62 with Campbell v MGN Ltd [2004] UKHL 22; [2004] 2 AC 457.

The Act only required the courts to “have regard” to Strasbourg decisions, not to “adhere slavishly to every Stasbourg decision even if after careful consideration they believe it to be wrong.”" 'via Blog this'

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