ABSTRACT
THE ACTION FOR BREACH OF CONFIDENCE – BASIC ELEMENTS The basis for an action for breach of confidence may lie in equity or contract or at common law.
No right to privacy under English common law exists, although Art 8 of the European Convention on Human Rights seeks to guarantee a limited right with respect to the private life of individuals and families and to protect private correspondence. However, balanced against this is Art 10 which guarantees freedom of expression (see Douglas v Hello! Ltd [2001], (No. 3) [2003], (No. 8) [2004]).
