TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB)

TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB) (23 May 2011): "It is now clear the test is whether the Claimant had a reasonable expectation of privacy in relation to the information in question. See McKennitt v Ash [2008] QB 73 per Buxton LJ (with whom Latham and Longmore LJJ agreed, at para 11, further cited in Murray at para 27). The question is objective. As Lord Hope put it in Campbell v MGN Ltd [2004] 2 AC 457: "The question is what a reasonable person of ordinary sensibilities would feel if she was placed in the same position as the claimant.." In Murray v Express Newspapers Ltd [2009] Ch 481 the Court of Appeal stated: "The question of whether there is a reasonable expectation of privacy is a broad one, which takes account of all the circumstances of the case. They include the attributes of the claimant, the nature of the activity in which the claimant was engaged, the place at which it was happening, the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher.." [para 36]" 'via Blog this'