Misuse of Private Information
Misuse of Private Information Solicitors: Protecting Your Privacy
At Carruthers Law, we specialise in complex misuse of private information / Privacy and breach of confidence claims. If your private life or confidential information has been unlawfully disclosed, published, or exploited without consent, our expert privacy solicitors can advise you on urgent legal remedies: including injunctions to prevent publication, claims for damages, and the removal of offending material. We offer free initial advice and no win no fee if your case is suitable. Your right to privacy is protected under English common law and the Human Rights Act 1998, enabling you to seek redress when your privacy is invaded or your confidential affairs are exposed without permission.
What Is Misuse of Private Information?
Misuse of private information is a distinct tort in English law designed to protect your private life and privacy from unjustified intrusion or publicity. In essence, it occurs when someone discloses or uses your private, personal information without your consent in a way that causes distress or harm. This tort evolved from the older action for breach of confidence, influenced by Article 8 of the European Convention on Human Rights (the right to respect for private and family life). Unlike defamation (which protects reputation), a privacy claim protects truthful information that is private: truth is no defence to a privacy claim, meaning even a true story about you cannot be lawfully published if it is sufficiently private and there is no overriding public interest.
Examples of private information that may give rise to a misuse of private information claim include:
• Personal photographs or videos (especially of you at home or in private settings)
• Medical records and health information
• Details of your family life, relationships, or sexual life
• Private communications such as letters, emails, texts, or voicemails
• Financial information like your banking or salary details
• Information about investigations or legal matters concerning you that are not public
Even if such information is obtained in a public place (for example, a photo taken surreptitiously while you are in a private moment), it may still be considered private if you had a reasonable expectation of privacy in that situation. The courts will ask whether, in all the circumstances, you had a reasonable expectation that the information would remain private. If the answer is “yes,” then your Article 8 privacy right is engaged. The next question is whether the person or publisher who used your information can show a sufficient justification: usually by arguing a public interest under Article 10 (freedom of expression). The court performs a careful balancing exercise: your right to privacy versus the publisher’s right to freedom of expression, weighing factors like how private the information is, your role in public life, the motives for disclosure, and how far the information has already entered the public domain. If your privacy rights outweigh the publisher’s rights, then the use of your information is unlawful.
Importantly, privacy rights are not limited to celebrities or public figures: everyone has the right to privacy. Public figures may expect a higher level of press scrutiny, but they too can have a reasonable expectation of privacy over truly personal matters. The law has a broad remit: it covers situations from tabloids publishing intimate details or paparazzi photos, to an ex-partner leaking private images online, or a hacker stealing personal data. In all these cases, if the information is private and there’s no legitimate public interest in its exposure, you can take action to stop the misuse. The tort of misuse of private information is very flexible and has been used to protect individuals in a wide variety of scenarios where their privacy was at risk.
Breach of Confidence
Misuse of private information often overlaps with breach of confidence. A breach of confidence arises when confidential information: given or obtained in circumstances importing an obligation of confidence: is disclosed or used without authority. This could involve, for example, a business partner leaking company trade secrets, an employee divulging client data, or a trusted person sharing your personal secrets. Historically, privacy claims were brought as breach of confidence before misuse of private information became a standalone tort. Today, claimants sometimes plead both misuse of private information and breach of confidence in the same case. The two claims are related but not identical: breach of confidence requires that the information had the necessary “quality of confidence” (and was imparted in a situation imposing an obligation of confidence), whereas misuse of private information focuses on the nature of the information and the intrusion into private life. In practise, if your private information was shared in confidence and then disclosed, both these claims may be available to you.
Our team has significant experience handling breach of confidence matters. We act for both individuals and businesses in cases of unauthorised disclosure of confidential material: from personal diaries and private correspondence to business client lists and proprietary data. Whether your situation is a media leak or a breach of a non-disclosure agreement (NDA), we can advise on the appropriate course of action to protect your interests.
Legal Remedies for Invasion of Privacy
If someone has misused your private information, the law provides a range of remedies to protect you. At Carruthers Law, we will quickly assess the most effective remedies for your case, which mayAXB v Metwally [2023] EWHC 2470 (KB)
• Injunctions (Privacy Injunctions): These are court orders that prevent further publication or disclosure of your private information. Injunctions may be sought on an urgent basis: even overnight or on weekends: to stop an impending story or takedown sensitive content before it spreads. We are experienced in securing emergency injunctions when necessary to protect our clients’ privacy. It is crucial to act fast in privacy matters; once private material is publicly disclosed, the harm is done, so early legal intervention is key. Courts can grant interim nondisclosure orders to restrain media outlets or individuals from publishing or continuing to publish private content.
• Damages (Compensation): If your private information has already been published or misused, you can claim financial compensation for the breach of your privacy. Unlike defamation, you do not need to prove your reputation was harmed: damages in privacy cases are awarded for distress, hurt feelings, loss of dignity, and the infringement of your right to privacy itself. In high-profile or egregious cases, damages can be substantial. We will gather evidence of how the misuse has affected you (embarrassment, anxiety, etc.) to maximise your compensation. In some cases, aggravated damages may be available if the intrusion was particularly offensive or deliberate.
• Delivering Up/Removal of Material: Courts can also order that any documents, photos, or online posts containing your private information be removed or destroyed and require defendants to assist in taking down web content. We can help clients get articles or images removed from websites and search engines. For example, a court may order the takedown of online articles and de-indexing of search results that contain your private information, as well as prohibiting further circulation of that material.
• Account of Profits: In some instances (particularly breach of confidence cases involving commercial information or unauthorised publication of something like memoir extracts), the court might order the defendant to account for any profits made from using or selling your information. This is a less common remedy but can be appropriate if someone has financially benefited from exploiting your privacy.
In most privacy and confidence cases, the primary goals are to stop the spread of the private information and to compensate you for the invasion. We will advise you on the best strategy: whether that means sending a legal letter to resolve the matter discreetly, or issuing High Court proceedings to obtain an injunction and damages. We handle matters sensitively to avoid drawing unnecessary attention to your private issues while vigorously protecting your rights.
Why Choose Carruthers Law?
Proven Privacy Law Expertise: We have over 30 years’ experience in defamation, media and privacy law. We stay at the cutting edge of this rapidly developing area of law: from the latest High Court rulings on privacy injunctions to emerging issues such as online data leaks.
Swift, Decisive Action: When your privacy is at risk, timing is critical. Our lawyers act quickly and effectively: often on short notice: to protect you. We are available 7 days a week for urgent cases, ensuring you can get advice and action when you need it most. Whether it’s a late-night call about a threatened story or an emergency injunction application, we have a dedicated crisis response approach to safeguard your private information.
Comprehensive Privacy Protection: Privacy issues often overlap with other legal areas. At Carruthers Law, we offer advice on all related matters: misuse of private information, breach of confidence, data protection breaches, and even harassment or blackmail involving private information. Our breadth of expertise means we can identify every legal angle to stop the intrusion, whether through privacy law, the Data Protection Act/GDPR, or other mechanisms.
Client-Focused Service: We pride ourselves on a personal, client-focused approach. Your case will be led by a senior solicitor with specialist knowledge of privacy and media law. We handle matters with discretion, sensitivity, and the utmost professionalism: fully aware of the emotional toll a privacy breach can take. Our goal is not only to vindicate your rights but also to give you peace of mind. Throughout the process we provide clear, pragmatic advice in plain English, keeping you informed at each stage and tailoring our strategy to your objectives.
Flexible Funding Options: We believe everyone should have access to justice when their privacy is violated. Initial consultations are free and confidential, giving you a no-obligation opportunity to understand your options. We will frankly assess the strength of your case and potential outcomes. Where appropriate, we can offer no win, no fee arrangements or other flexible funding to help you pursue your claim. We also seek recovery of legal costs from the opponent if your claim succeeds, to alleviate the financial burden on you.
How We Can Help You
If you suspect that your private information has been misused or you are facing an imminent threat of exposure, contact our specialist privacy solicitors without delay. We will act swiftly to assess your case and advise on the best immediate steps. In many instances, the first step is to send a robust legal notice or cease-and-desist letter to the offending party, demanding that they halt any publication and delete any private material. This letter before action will set out the legal basis of your claim (misuse of private information and/or breach of confidence), the remedies you seek (such as an undertaking to not publish, or compensation), and a short deadline for compliance.
This not only puts the opponent on notice but also preserves your position under the Pre-Action Protocol for Media and Communications Claims (which governs defamation and privacy disputes). If the matter cannot be resolved amicably through correspondence, we are fully prepared to issue proceedings in the High Court to obtain an injunction and damages on your behalf.
Throughout this process, our team will stand by you. We handle all negotiations with the media or other defendants, shield you from unwanted publicity, and coordinate any necessary court appearances or press statements. Your privacy and peace of mind are our top priority.
Further Reading
- Raine v JD Wetherspoon plc [2025] EWHC 1593 (KB): Misuse of Private Information and Breach of Confidence
- In-Depth Guide: Misuse of Private Information Claims
- Damages in Misuse of Private Information Claims
- Privacy Damages: Case Law Examples and Awards
- Defamation Services
How We Can Help
If you require urgent advice or wish to discuss a potential claim in confidence, please contact Carruthers Law’s privacy and media team. We offer a confidential consultation and will advise on the most effective course of action, including emergency remedies where appropriate.
Call us today on 0151 541 2040 or 0203 846 2862, or complete our contact form to arrange a confidential consultation.