Firstly, I would say that we all appear to be in agreement.
Secondly, I don't quite understand the case you quoted. It says the
Court rejected the attempt to have evidence excluded on Art. 8 grounds.
I'm puzzled. That would be entirely consistent with what I said,
wouldn't it? (The argument was exactly the sort of thing I had in mind
might succeed on occasion).
But, in any event, UK courts have always had a broad approach to
admitting evidence, even where gathered "illegally" - there is a
discretion but no obligation to exclude. (Poisoned trees may sometime
bear fruit.)
Chris Brogan wrote:
> I don't totally share Nigel's opinion. I agree with him where the matter
> is a direct action for breach of human rights by a non public authority.
> What follows is an extract from a Scottish case
>
> Martin v McGuiness (2003) ScotCS 96
>
> Case Date: 02/04/2003
> Court: Other
> Area of Law: Privacy/Confidence
>
>
>
> Court: Scottish Court of Session
>
> Privacy - Article 8 - Justification for infringement of privacy
> The Scottish Court of Session rejected an attempt by the victim of a
> road traffic accident to exclude evidence that he had exaggerated the
> nature of his injuries. The victim claimed that the evidence had been
> obtained by an undercover private detective conducting surveillance
> (including telephoto lens photography from a neighbouring property) on
> his family's house and that this amounted to a breach of his rights
> under Article 8 to respect for his private and family life. He went on
> to allege that the Court would be in breach of its obligations under the
> Human Rights Act if it allowed such evidence to be admitted.
>
> To the best of my knowledge neither Martin nor McGuiness were a public
> authority.
>
> Chris Brogan
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nigel Roberts
> Sent: 15 January 2008 12:32
> To: [log in to unmask]
> Subject: Re: CCTV
>
>> the neighbour may have a case for harassment and any court decision
> would have to concern itself with the breach of the Article 8 right to a
>
> private life.
>
>
> I'm afraid that is not true.
>
> Whether the neighbour may or may not have a cause of action under
> harassment laws, the court decision would not have to concern itself
> with Conventional Rights, simply because the neighbour is not a public
> authority.
>
> Conventional Rights (HRA 1998) can only be claimed against a public
> authority. They only have 'vertical' and not 'horizontal' application.
>
> Of course, in reaching any decision on any part of the law, a Court must
>
> always bear in mind it is a public authority, and act compatibly, as in
> Douglas v Hello, which might /indirectly/ see the engagement
> conventional rights in a dispute between private persons, but that's a
> long way from having to concern itself with a breach of Art.8 which BY
> DEFINITION only a public authority can commit.
>
>
>
>
> Nigel
>
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Nigel Roberts, Director
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