The Court of Appeal was acting within its unreviewable powers in deciding that the facts reported by the weekly magazine were already known and that as the decedent had voluntarily disclosed details of his emotional life shortly before his death, the claimant, his partner at the time, had not established that she had suffered any harm.
For there to be an invasion of private life in the sense of article 9 Code civil and article 8 of the European Convention for the Protection of Human Rights and Fundamental Liberties there must be a reference or allusion to the life of the person invoking them, so the holding by the Court of Appeal that the article in the weekly magazine involved no intrusion into the private life of the claimant or of her son was justified in law.
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