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In March 2002 Lord Woolf gave judgment in Garry Flitcroft’s unsuccessful attempt to stop publication of details of his extramarital affairs (A v B [2002] EMLR 21), declaring: “In the great majority of situations, if not all situations, where the protection of privacy is justified, an action for breach of confidence now will, where this is appropriate, provide the necessary protection… it is not necessary to tackle the vexed question of whether there is a separate cause of action based upon a new tort involving infringement of privacy.” Even if that were true at the time, it is certainly not true now.

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