“Sexual Proclivities” Tape-Recording Stays Where It Is

The Court of Appeal yesterday ruled on the condition of confidential conversations tape-recorded yesteryear i someone without the noesis or consent of another. In L v D (the parties’ names were concealed for the sake of privacy) the claimant recorded conversations amongst the defendant, a musician/songwriter she used to alive with, for the role of her protection inwards relation to domestic violence proceedings. In a subsequent legal activity the claimant sued the accused for a portion inwards his home. Giving evidence, the accused mentioned his sexual proclivities, including an “additional aspect” which he sought to maintain private. Subsequently the accused applied for an interim injunction to halt whatsoever work of the claimant’s recordings. The trial guess refused the injunction in addition to the Court of Appeal dismissed the defendant’s claim.

According to the Court of Appeal, where a tape recording is made yesteryear i someone of a individual conversation but without the consent of the other, equity imposes a duty of confidence inwards relation to the recording which is kind from whatsoever confidentiality inwards the data revealed inwards the recording. This is because, inwards like trend to a photograph, the recorded details of the words of a individual conversation could brand to a greater extent than impact, in addition to crusade greater embarrassment in addition to distress, than a mere trouble concern human relationship of the conversation inwards question. Equity imposes on the conscience of a someone who secretly takes recordings of a individual conversation an obligation non to work those recordings for whatsoever other purpose. In this case, however, the claimant did non conception to work the recordings for whatsoever role except that for which she had obtained them. What was more, she had made no travail to issue the recordings. This beingness the case, the accused was non entitled to the relief he sought.

This weblog is based on an banker's complaint published on the Butterworths Lexis Nexis Direct subscription-only service, details of which are available here. The same illustration is equally good available from Thomson's Lawtel subscription service nether the hollo D v L. The case's neutral citation issue is [2003] EWCA Civ 1169.
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