Kaye v Robertson
Encyclopedia
Kaye v Robertson [1991] FSR 62 is a case in English law
which is a notable case, expressing the view that there is no common law
right to privacy in English law.
, a well known actor who suffered life threatening injuries in a car accident. Kaye attempted to obtain an order to restrain publication of photographs of the injuries he suffered in the crash. These photographs were obtained by deception when a tabloid journalist entered the hospital while he was undergoing treatment.
preventing the editor (Anthony Robertson) and the newspaper (the Sunday Sport
) from using the material, which they appealed.
Lord Justice Glidewell
said "It is well-known that in English law there is no right to privacy, and accordingly there is no right of action for breach of a persons privacy. The facts of the present case are a graphic illustration of the desirability of Parliament considering whether and in what circumstances statutory provision can be made to protect the privacy of individuals."
In the absence of the right to privacy, Mr Kaye's advisers based their claim on libel, malicious falsehood
, trespass to the person
and passing off
. The Court of Appeal
ruled that none of these torts was applicable except malicious falsehood, and on this basis the only remedy available was that the newspaper was prohibited from stating any inference that Mr Kaye had consented to the story.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
which is a notable case, expressing the view that there is no common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
right to privacy in English law.
Facts
The case involved Gorden KayeGorden Kaye
Gorden Kaye is a BAFTA-nominated English comic actor, best known for playing René Artois in the British TV comedy Allo 'Allo!.-Early life:...
, a well known actor who suffered life threatening injuries in a car accident. Kaye attempted to obtain an order to restrain publication of photographs of the injuries he suffered in the crash. These photographs were obtained by deception when a tabloid journalist entered the hospital while he was undergoing treatment.
Judgment
A friend of Mr Kaye had been granted an interlocutory injunctionInjunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
preventing the editor (Anthony Robertson) and the newspaper (the Sunday Sport
Sunday Sport
Sunday Sport is a British tabloid newspaper, published by Sport Newspapers, which was established in 1986. It prints plainly ludicrous stories, such as a double-decker London bus being found frozen in the Antarctic ice, or a World War II bomber found on the moon. Defenders of the paper pointed out...
) from using the material, which they appealed.
Lord Justice Glidewell
Iain Glidewell
Sir Iain Glidewell is a former Lord Justice of Appeal, and Judge of Appeal of the High Court of the Isle of Man. He was made a privy councillor in 1985....
said "It is well-known that in English law there is no right to privacy, and accordingly there is no right of action for breach of a persons privacy. The facts of the present case are a graphic illustration of the desirability of Parliament considering whether and in what circumstances statutory provision can be made to protect the privacy of individuals."
In the absence of the right to privacy, Mr Kaye's advisers based their claim on libel, malicious falsehood
Malicious falsehood
Malicious falsehood or injurious falsehood is a tort. It is a lie that was uttered with malice, that is, the utterer knew it was false or would cause damage or harm....
, trespass to the person
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
and passing off
Passing off
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill....
. The Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
ruled that none of these torts was applicable except malicious falsehood, and on this basis the only remedy available was that the newspaper was prohibited from stating any inference that Mr Kaye had consented to the story.