Scottish Human Rights Law Group

Action for damages for injuries sustained in a road accident .  The pursuer also sought a declarator that the conduct of private investigators who had come to his house and spoken to his wife, under the pretence of being a former army colleague of the pursuer was unlawful, as contrary to Article 8, in that it was designed to obtain private information about the pursuer from the most intimate family member by deception, and that the surveillance intruded on his private life and property and was carried out covertly.The pursuer sought an order from the court excluding any evidence thereby obtained from the proof.      He also sought HRA damages for the infringement of his Convention right to respect for his privacy.   The court rejected the pursuer’s submissions holding that admission of the evidence would not be contrary to the pursuer Article 8 rights on the basis that he was bound to anticipate that his conduct might be scrutinised and such inquiries and surveillance could conceivably be proved as having been reasonable and proportionate steps to be taken on the defender’s behalf to protect his rights in terms of Article 8(2) and as a contribution to the protection of the wider rights of the community.  Further the claim for HRA damages was irrelevant as the defender was not a public authority.

Full report available here.