12(3) of the Human Rights Act 1998. The appeal was therefore allowed and an injunction granted. The Court of Appeal judgment of 18 April 2016 17. In its judgment of 18 April 2016, the Court of Appeal in a judgment given by Jackson LJ, with which King and Simon LJJ agreed: (i) accepted that claims based on confidentiality were to be distinguished from claims based on privacy, in that, while “claims for confidentiality generally fail once information has passed into the public domain”, the law “extends greater protection to privacy rights than rights in relation to confidential material” (paras 35-36); (ii) concluded that “a claim for misuse of private information can and often will survive when information is in the public domain”, continuing (para 39): “It depends on how widely known the relevant facts are. In many situations the claim for misuse of private information survives, but is diminished because that which the defendant publishes is already known to many readers. The publication is an invasion of privacy and hurtful for the claimant, but is not as egregious as it would otherwise be. That does not deprive the claimant of his claim for damages, but it weakens his claim for an injunction. This is for two reasons. First, the article 8 claim carries less weight, when the court carries out the balancing exercise of article 8 rights as against article 10 rights. Secondly, injunctions are a discretionary remedy. The fact that material is generally known is relevant to the exercise of the court’s discretion.” (iii) added that: “40. In this regard it is important to note that HRA section 12 does not affect the existence of the claimant’s article 8 claim nor does it provide any defence to the tort of misusing private information. The effect of section 12 is twofold. First, it enhances the weight which article 10 rights carry in the balancing exercise. Secondly, it raises the hurdle which the Page 9