Misuse of private information and related claims
Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB
Misuse of private information and related claims

The following Dispute Resolution guidance note Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB provides comprehensive and up to date legal information covering:

  • Misuse of private information and related claims
  • CPR changes from 1 October 2019
  • Breach of confidence
  • Harassment
  • Defamation
  • Claims under the Human Rights Act 1998 against public authorities
  • Data protection law
  • Private nuisance

The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are not public authorities. However, in any particular case, a claimant is well-advised to consider whether reliance on other causes of action might strengthen his/her ‘privacy claim’. As Lord Hoffmann observed in Wainwright v Home Office.

‘[t]here are a number of common law and statutory remedies of which it may be said that one at least of the underlying values they protect is a right to privacy.’

This Practice Note considers five causes of action which may be relevant in a ‘privacy claim’.

For more information on misuse of private information claims, see Practice Notes: Starting a claim for misuse of private information—a practical guide and Responding to a claim for misuse of private information—a practical guide.

CPR changes from 1 October 2019

Since October 2019, claims in defamation, misuse of private information, data protection law or harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication or threatened publication by the print or broadcast media, online, on social media, or in speech are governed by the amended CPR 53 and Practice Directions CPR PD 53A and CPR PD 53B. CPR 53 designated a specialist list of the High Court for the hearing