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Murray v Express Newspapers plc

[2008] EWCA Civ 446 Court of Appeal, 2008

Last reviewed: Next review due:

What the court held

David Murray, son of JK Rowling, successfully argued that a covert paparazzo photograph of him being pushed in a pram in an Edinburgh street engaged his reasonable expectation of privacy. The Court of Appeal set out factors relevant to whether a child in a public place has such an expectation.

Key rulings

  • A child in a public place can have a reasonable expectation of privacy where the parents did not consent to publication.
  • Attributes of the claimant, nature of the activity, place, purpose of intrusion, and consequences all relevant.
  • Children's privacy interests weighed higher than adults'.

Topics

PrivacyPhotographyChildren

Authoritative source

Read the full judgment on BAILII (British and Irish Legal Information Institute):

https://www.bailii.org/ew/cases/EWCA/Civ/2008/446.html

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Case summaries are drafted by UK JournoHub Editorial for practising UK journalists. They are not legal advice. Always consult primary sources and, for high-risk stories, take specialist legal advice.