Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions

Phillipson, G.

Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions

Phillipson, G.

Authors

G. Phillipson

Abstract

This article considers the argument made in the current application of Max Mosley to the European Court of Human Rights that Article 8 requires media bodies to notify potential claimants before stories that invade their private lives are run, in order to give them the opportunity to apply for an interim injunction. It argues that such relief is the only truly effective remedy for a threatened invasion of privacy and that at least in the context of UK law and the attitudes and culture of the British tabloid media, such a notification requirement is reasonably necessary. It contends that, given the safeguards in section 12 of the Human Rights Act, such a requirement would not amount to a disproportionate restraint on the Article 10 rights of the media.

Citation

Phillipson, G. (2009). Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions. Journal of Media Law, 1(1), 73-96

Journal Article Type	Article
Publication Date	Jul 1, 2009
Deposit Date	Jul 14, 2011
Publicly Available Date	Aug 23, 2011
Journal	Journal of Media Law
Print ISSN	1757-7632
Electronic ISSN	1757-7640
Publisher	Taylor and Francis Group
Peer Reviewed	Peer Reviewed
Volume	1
Issue	1
Pages	73-96
Keywords	Privacy, Injunctions, Notification, Free speech.
Publisher URL	http://www.ingentaconnect.com/content/hart/jml/2009/00000001/00000001/art00007