Biography

Haider graduated with BA and LLM in private law from college of law/ Al Nahrain University. He also graduated with another BA in French literature from Al Mustansyria in Baghdad. Before joining Keele University, Haider worked as a legal advisor and teaching staff in different institutions such as ministry of Labour and social affairs, independent commission of election in Iraq and ministry of higher education and scientific research. Currently, Haider is preparing a PHD thesis in school of law. 

Research and scholarship

The research topic title: The overlap between defamation and privacy tort in English law

The subject-matter of this thesis is a result of the gradual development of privacy law in English jurisdiction after the landmark case law of Campbell v MGN 2004. Initially, there is a conceptual overlap between the protected interests in defamation and privacy in a manner that is hard to draw a distinctive line separating both ideas namely private life and reputation. The overlap between such torts starts to be, factually speaking, a controversial matter when privacy law, as ruled in McKennitt v Ash, protects private information in respect of which the claimant has a reasonable expectation of privacy and irrespective whether such information was true, false or mixed. Many scholars were strictly opponents for such development because it allows privacy law to covers what was traditionally protected by defamation law, namely false information. The main reason of such opposition was the problematic overlap and the potential chilling effect on freedom of expression resulting from such overlap. This thesis, therefore, will examine and critically discussed the literature in respect of the question of ‘to what extent privacy law should protect false private information’. This thesis will also examine what answer will be the most appropriate for such a question from coherence, efficiency, feminist analysis and access to justice perspectives. As mentioned above that the concept of private life and reputation could be overlapped to the extent that many cases could involve reputational and private issues such as Mosley v MGN [2008], Terry v. Persons Unknowns [2010], and very recently ZXC v Bloomberg L.P. [2019]. In all such cases, there is a judicial tendency to borrow defences applied in defamation to be borrowed and applied in privacy cases if privacy  cases involve reputational considerations. This thesis will examine to what extent defences applied in defamation could be also applied in privacy law if both torts overlap? This question will be examined from the coherence and distributive justice perspectives. Furthermore, there would be a comparison between the approaches followed in English and American jurisdiction in respect of the importation of defences from defamation to privacy law. The thesis will also shed light on the possibility to circumvent the restricted rule of Bonnard v Perryman applied in defamation law if the claimant could seek an interlocutory injunction under privacy law which is more flexible if compared with those applied in defamation. This is why this thesis will examine the question that to what extent Bonnard v Perryman rule could be applied in privacy because the overlap may raise, as many scholars argue, a potential chilling effect on freedom of expression. Such question will be examined from coherence, efficiency and feminist analysis perspectives. The last question that this thesis seeks to examine is whether damages awarded in defamation and privacy could be cumulated if both actions have been brought in respect of the same publication or such damages are alternative in such a case?

 

Supervisors:

Dr. Maria Tzanou

Dr. Michael Fay

Research project