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Question: Critically evaluate the points of law in the case of Campbell v Mirror Group Newspapers (2004) 2 AC 457.

As part of your answer please address the following points:
1) The relationship between European Convention of Human Rights (ECHR) and the common law in this case.
2) The relationship between the right to privacy and the right of free speech.

Answer: “In this country, unlike the United states of America, there is no over-arching, all-embracing cause of action for ‘invasion of privacy’.” However, “The common law or more precisely, courts of equity, have long afforded protection to the wrongful use of private information by means of the cause of action which became known as breach of confidence.” Campbell is a landmark case in this area, “since it heralded the creation of a new tort that has regularly come to be known as ‘Misuse of private information.’” Campbell was a “breakthrough moment in English privacy law.” It was the first occasion that, “the House of Lords provided explicit protection for a claimants right to informational privacy” and “direct horizontal effect was given to Convention rights u......(short extract)

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Details: - Mark: 72% | Course: Tort Law | Year: 2nd/3rd | Words: 1999 | References: Yes | Date written: November, 2010 | Date submitted: April 22, 2012 | Coursework ID: 734

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