Schillings win privacy appeal for J K Rowling’s son
Released
on: May 7, 2008, 8:36 am
Press
Release Author: Schillings
Industry:
Law
Press
Release Summary: Schillings win privacy appeal for J K Rowling’s
son to grant enhanced privacy rights for children
Press
Release Body: Schillings the solicitors to David
Murray (the son of J K Rowling and Dr Neil Murray), has
succeeded in achieving a favourable judgment on behalf of their
client in his court action against Big Pictures (UK) Ltd.
This decision from the appeal court will grant enhanced privacy
rights for children in the UK.
The
Court of Appeal handed down the judgment in favour of David, now
aged 5, in his action against picture agency Big Pictures
for breach
of privacy and family life under the European Convention
on Human Rights. The case was brought by Dr Neil
Murray and his wife, Mrs. Joanne Murray (a.k.a. J K Rowling)
as “Litigation friends” of their
son. Dr. and Mrs Murray made no claim in these proceedings for
protection of their own privacy.
The
Court of Appeal upheld David Murray’s appeal
in respect of covert long lens photographs of him taken by a photographer
whilst David was being pushed in a buggy by his parents down an
Edinburgh street on a family outing on 8th November 2004.
In
a key finding, the Master of the Rolls, Sir Anthony Clarke,
said, “If a child of parents who are not in the public
eye could reasonably expect not to have photographs of him published
in the media, so too should the child of a famous parent. In our
opinion, it is at least arguable that a child of ‘ordinary’
parents could reasonably expect that the press would not target
him and publish photographs of him.”
In
a statement released through their lawyers, Schillings,
David’s parents said, "We embarked on this lawsuit,
not because we were seeking special privileges for our children,
but because we wanted them to grow up like their friends, free
from unwarranted intrusions into their privacy. We understand
and accept that with the success of Harry Potter
there will be a measure of legitimate media and public interest
in Jo's professional activities and appearances. However, we have
striven to give our children a normal family life outside the
media spotlight. We are immensely grateful to the Court for giving
our children protection from covert, unauthorised photography;
this ruling will make an immediate and material difference to
their lives."
Keith
Schilling, Senior Partner at Schillings
said, “This case is a major development in the law of privacy
in this country. Following the House of Lords
decision in Campbell v MGN, which established
a right
of privacy, this case establishes a law of privacy for children
in those cases where, understandably, the parents wish to protect
their children from intrusive photography by the paparazzi. It
will have a profound effect especially on certain sections of
the paparazzi, but I am sure that the overwhelming majority of
the media will welcome it. After all, the change in the law broadly
reflects what was already
provided for, voluntarily, in the PCC Code of Practice”
Neil
Blair, instructing solicitor from J K Rowling’s literary
agents, Christopher Little Literary Agency, said, “Whilst
the case concerned photography, which has always been recognised
as especially intrusive in privacy cases, the principles that
this decision establishes are apposite to the protection of private
information concerning children generally.”
Issued
by Schillings, solicitors for Dr. and Mrs. Murray,
litigation friends of David Murray.
END
Further
details of the judgment and additional editors' notes are available
in PDF format from the Schillings website.
Court of Appeal Case Number A3/2007/2236
Web
Site: http://www.schillings.co.uk/
Contact
Details: For further press enquiries and information please contact:
Christopher
Mills
Business Director
Schillings
41 Bedford Square
London
WC1B 3HX
Tel: 020 7034 9000
Fax: 020 7034 9200
www.schillings.co.uk
2009
