On 29 September 2008, Mosley filed an application to the court by claiming Articles 8 and 13 of the European Convention on Human Rights had been breached by the United Kingdom failing to impose a legal duty on the News of the World to notify him in advance of publication of the story.
Mosley challenged the state of English privacy law by arguing for a doctrine of prior disclosure, which would require journalists to give at least two days' notice of intention to print stories about the misbehavior of a public figure so that a judge, rather than just an editor, could decide whether the story should be published.
In its decision, given on 10 May 2011, the court stated that "it is clear that no sum of money award after disclosure of the impugned material could afford a remedy in respect of the specific complaint advanced by the applicant".
[8] It added that "the present case resulted in a flagrant and unjustified invasion of the applicant’s private life"[8] and reiterated that "there is a distinction to be drawn between reporting facts – even if controversial – capable of contributing to a debate of general public interest in a democratic society, and making tawdry allegations about an individual's private life".
It said the "conduct of the newspaper in the applicant's case is open to severe criticism" and took "note of the recommendation of the Select Committee that the Editors' Code be amended to include a requirement that journalists should normally notify the subject of their articles prior to publication, subject to a 'public interest' exception.