Campbell v MGN Ltd

Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 was a House of Lords decision regarding human rights and privacy in English law.

The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict.

Campbell appealed on the basis, inter alia, that the aforementioned breach of confidence had occurred and was subject to human rights principles of privacy.

Lord Hope of Craighead noted that a duty of confidence arises wherever the defendant knows or ought to know that the claimant can reasonably expect their privacy to be protected and so approved A v B plc.

In a case such as this, the relevant vehicle will usually be the action for breach of confidence, as Lord Woolf CJ held in A v B plc [2002] EWCA Civ 337, [2003] QB 195, 202, para 4: "[Articles 8 and 10] have provided new parameters within which the court will decide, in an action for breach of confidence, whether a person is entitled to have his privacy protected by the court or whether the restriction of freedom of expression which such protection involves cannot be justified.

ECHR finally ruled that the recoverable success fee violated Article 10 of the European Convention on Human Rights.