Privacy law—remedies
Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB

The following Information Law practice note produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB provides comprehensive and up to date legal information covering:

  • Privacy law—remedies
  • Interim injunctions
  • The correct approach
  • Interim injunctions and media defendants / journalistic, literary or artistic material
  • Applications for interim injunctions
  • Final injunctions
  • Damages
  • Quantum of non-pecuniary damage
  • Account of profits
  • Destruction and delivery up
  • More...

Privacy law—remedies

This Practice Note focuses on the remedies available in respect of misuse of private information (whether it be for an actual or threatened publication or for the method by which personal information has been obtained) and breach of confidence (in the context of the disclosure of personal information).

Damages and an injunction are the most common remedies sought. However, since the law relating to misuse of private information/breach of confidence covers a wide range of factual situations, the courts will adopt a flexible approach to remedies. What this means is that, on the facts of one case, an injunction preventing the threatened disclosure of information will be the most important remedy to give effect to the claimant’s right of privacy, whereas, in another case, the defendant may have already made an unauthorised disclosure of the information and received a commercial benefit from doing so, and the appropriate remedies may be damages or an order for an account of the profits, an injunction to restrain any further publication and an order for delivery up or destruction of the private and/or confidential material in issue.

Controversy and confusion surrounded the rise of the so-called super-injunction, which resulted in some much-needed guidance on the procedure for applications for interim injunctions (also known as interim non-disclosure orders). See the Practice Guidance on Interim Non-Disclosure Orders.

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