Murray v Express Newspapers plc
[2008] EWCA Civ 446 — Court of Appeal, 2008
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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
Related cases (citator)
How this case connects to others in the landmark set — lines of authority, statutory supersession, and companion rulings.
- Campbell v MGN Ltd [2004] UKHL 22
Applied the Campbell privacy principles to a child.
- Douglas v Hello! Ltd [2005] EWCA Civ 595
Both concern unauthorised photography and privacy.
Authoritative source
Read the full judgment on BAILII (British and Irish Legal Information Institute):
https://www.bailii.org/ew/cases/EWCA/Civ/2008/446.htmlRelated landmark cases
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.