Kaye v. Robertson

Kaye v. Robertson is a case in English law which is the leading authority for the statement that there is no common law right to privacy in English law.
Facts
The case involved Gorden Kaye, a well known actor who suffered life threathening 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 be was undergoing treatment.
Ruling
The Court of Appeal ruled that several torts were inapplicable including libel, trespass and nuisance. As no common law right to privacy could protect Kaye the limited remedy offered was that the newspaper was prohibited from stating any inference that Mr Kaye had consented to the story.
Academic comment
The academic response to this ruling has been unduly negative.
 
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