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All Outputs (5)

'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?' (2003)
Journal Article
Phillipson, G. (online). 'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?'. European Human Rights Law Review, 54-72

Criticises the legal reasoning applied by the Court of Appeal in A v B Plc in respect of two key issues around the development of a right to privacy under the European Convention on Human Rights 1950 Art.8, as applied under the Human Rights Act, argu... Read More about 'Judicial Reasoning in Breach of Confidence Cases under the Human Rights Act: not taking privacy seriously?'.

Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act (2003)
Journal Article
Phillipson, G. (2003). Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act. Modern Law Review, 66(5), 726-758. https://doi.org/10.1111/1468-2230.6605003

This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited 'horizontal' application of Article 8 of the ECHR via the Human Rights A... Read More about Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act.

'(Mis)-Reading Section 3 of the Human Rights Act' (2003)
Journal Article
Phillipson, G. (2003). '(Mis)-Reading Section 3 of the Human Rights Act'. Law Quarterly Review, 119(April), 183-188

Response to Reconciling Parliamentary democracy and human rights by C.A. Gearty in L.Q.R. 2002, 118(Apr), 248-269. Criticises the author's argument that the Human Rights Act s.3(2) and s.6(2)(b) provide guidance on the proper reading of s.3(1). Sugge... Read More about '(Mis)-Reading Section 3 of the Human Rights Act'.