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Max Mosley goes to European Court

Written by Michael Coyle on 10 May 2011

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European court rejects Mosley's application.

Today the European Court of Human Rights has rejected Max Mosley's ('MM') application concerning Article 8 seeking an introduction in to English law that would legally bind the media into notifying an individual when an article discloses information about him/her. MM's request relates back to the much publicised case against The News of the World concerning his sex life, the title of which referred to 'F1 boss has sick Nazi orgy with 5 hookers'. MM sued and was successful. Mr Justice Eady concluded the articles and web images were indeed a breach of MM's right to privacy<http://www.bailii.org/ew/cases/EWHC/QB/2008/1777.html> [2008] EWHC 1777 (QB) (24 July 2008). MM was awarded his costs and £60,000 in damages.

MM thought this was inadequate ( even thought it was the highest award ever met for the misuse of information) and claimed in a nutshell that once your privacy was lost it cannot be regained, ie the cat being let out of the bag. Article 8 supported this view. You will not be surprised to know that the British media objected to this and intervened arguing that such notice was inconsistent with Article 10, that the issue was not so straight forward and did not reflect how the print industry works.

The European Court rejected the application. The UK had matters already in place including the Data Protection Act 1998, interim injunctions and damages were available and the notice procedure would be incompatible with Article 10.

If you're interested in Privacy or Confidential Information and would like to find out more, please call Michael Coyle on 0800 0862 0157 or email michael.coyle@lawdit.co.uk for a free no obligation chat.

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