Emma Woollcott and Isabella Piasecka, Mishcon de Reya
Emma Woollcott and Isabella Piasecka of Mishcon de Reya consider how family disputes, particularly those involving children, can give rise to issues of defamation and breach of privacy. How have the courts approached the publication of damaging allegations, including on social media, in the context of a marital breakdown? How do they balance the competing rights to privacy and freedom of expression, for example where someone has used their ex-partner's allegedly private information to create an electronic scrap-book for their children on Facebook? Finally, how do the courts approach children's privacy, both as claimants and third parties? Emma and Isabella provide an overview of the recent case law, alongside practical tips to protect reputation and privacy, and to minimise the risk of satellite disputes.
The full article will be published in the October issue of Family Law.