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The claimant’s pseudonymfor court purposes

The former Big Brotherstar

Sun and News of the World

Thomas has gone to MaxClifford to sell her story

The Sun has alreadypublished her story of heraffair with a footballer,though he was not named

Thomas and the claimanthave differing accounts of how long the relationshiplasted. He says they metthree times. She says sixmonths of “frequent”meetings

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CTB is married. He, and hisfamily, have a right toprivacy under Article 8 of the European Convention.This has been supported bythe Appeal Court

The claimant says Thomaswas threatening to sell herstory and demanded £50k.He agrees to meet her in ahotel - and tells he he won’tpay the money

Thomas asks to meet inanother hotel. This could bea set-up so thatphotographs can be takenof the claimant. He beginsto smell a rat

CTB says he might paysomething. He says Thomasnow demands £100k 

The judge suggests there isevidence of blackmail, butmakes no finding

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Thomas warns the claimantthe Sun is about to exposehis “romps” with a busty BigBrother Babe - suggestingthe hotel meetings wereconnected with the romps

The judge says it’s ironicthat Thomas is complainingshe has no right toanonymity when she’dprobably sold her story tothe Sun (she denies this)

Now Thomas is negotiatingwith the Mail on Sunday tosell her story...

... and it looks as though shealso “collaborated with” theSunday Mirror

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Here we go again. The judgeexplains the balancing acthe now has to do betweenCTB’s right to privacy andThomas’s right to freedomof expression

The judge rejects thecharge that he and hiscolleagues are introducing a

privacy law by the back door. They’re only doingwhat parliament told themto do

The judge notes that theHouse of Lords has backedfour key cases involvingprivacy. This means theymust agree with the

principles that are beingdeveloped

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Most of the cases thecourts are having to rule oninvolve ‘kiss and tell.’ Quiteoften they involveblackmail, too. Blackmai l isa crime: the victims areallowed to remainanonymous.

Is there a public interest inthe story being published?

The judge has consulted thepress complaintscommission code and findsthat it doesn’t measure upto the industry’s own publicinterest test

No one has even tried arguingthere is any public interest inpublishing this story

The only argument from thedefence has been that thestory is already in the publicdomain

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Previous test cases on the“public domain” argumenthave drawn a distinctionbetween, eg, governmentsecrets and a person’sprivate life.

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 Judges have to decide onthe facts of each case

There’s a distinctionbetween the protection thecourts will give to serious journalism and tawdry tittletattle

The judge finds CTB hasthe right to privacy and thatno one has even argued thecase that freedom of expression should trumpprivacy or for any notion of 

“public interest”

There’s nothing to stopThomas from selling herstory - but only as long asshe doesn’t intrude on theprivate lives of others.