Murray v. Big Pictures (UK) Limited

[2008] EWCA Civ 446 (2008)

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Murray v. Big Pictures (UK) Limited

England and Wales Court of Appeal
[2008] EWCA Civ 446 (2008)

SH

Facts

David Murray (plaintiff) was the son of Neil and Joanna Murray, the latter also known as J.K. Rowling and author of the famous Harry Potter book series. Neil and Joanna were pushing David down the street in a stroller when a photographer affiliated with Big Pictures (UK) Limited (BPL) (defendant) took a covert photograph of the group. Neither David nor his parents were aware of or consented to the photograph being taken. The photograph was published in Sunday Express magazine on April 3, 2005. Neil and Joanna sued BPL on behalf of David for violation of his right to respect for private life under Article 8 of the European Convention on Human Rights. The lower court dismissed David’s claim on the ground that he had no reasonable expectation of privacy. David appealed.

Rule of Law

Issue

Holding and Reasoning (Clarke, J.)

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