The Law of Confidentiality: A Restatement

The Law of Confidentiality: A Restatement

by Paul Stanley QC

Paperback

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Overview

The last twenty years have seen rapid development of the equitable action for breach of confidence. The Spycatcher saga of the late 1980s led to the restatement of the fundamental principles. There was increasing concern about press intrusion, and the need to protect privacy rights guaranteed by Article 8 of the European Convention in the wake of the Human Rights Act 1998. Against that background, a number of high-profile cases-such as Campbell v MGN Ltd (2004)-explored how common law principles laid down in the nineteenth century might be adapted to twenty-first century conditions. How far will the law go in protecting privacy? Meanwhile, in the “information age”, the law has had to grapple-for instance in Douglas v Hello! Ltd (2007)-with how best to protect the commercially valuable information and when it should assist those who wish to exploit it.

The result has been rapid development of the law in many diverse areas. The Law of Confidentiality: A Restatement goes behind the mass of cases to tease out the fundamental principles underlying the modern law. It examines the central questions of substance: the circumstances in which information is protected by law, and how it responds to conflicting public interests. It also looks at the important practical questions of procedure and remedies. It aims to be useful to those looking for a guide to the main principles and controversies in the field, and also to the practising lawyer looking for a clear statement of the basic principles.

Product Details

ISBN-13: 9781841138114
Publisher: Bloomsbury Academic
Publication date: 04/14/2008
Pages: 198
Product dimensions: 6.10(w) x 9.00(h) x 0.50(d)

About the Author

Paul Stanley is a barrister in London. He was educated at Cambridge University and Harvard Law School. He represented OK! Magazine in the House of Lords in Douglas v Hello! Ltd (2007), and was junior counsel for the respondent in the Privy Council appeal in Associated Electric and Gas Service v European Reinsurance Co of Zurich (2003).

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