Loreena Court Victory
Britainís High Court sided today (Oct. 5) with Canadian singer Loreena McKennitt over her privacy action against former employee Niema Ash who had signed a confidentiality agreement agreeing not to publish a book on McKennitt.
This follows a judgment by Justice Eady in the Court of Appeal in 2005, which found that McKennitt's privacy had been intruded upon and that the duty of confidence owed to her by Ash had been violated.
Ash had self-published a book, "Travels with Loreena McKennitt," about McKennitt in 2005. After a 10-day High Court trial in late 2005, certain passages of the book were restrained by order of Justice Eady.
A settlement was announced on Oct. 4th, 2007, in the High Court before Justice Eady. A statement read in Open Court made it clear that Ash undertook to the Court not to publish a new version of the book or any other information about McKennitt. Ash also agreed to make a payment of costs.
However, Ash later published a second edition of the book. McKennitt took the view that, even in its amended form, the book still intruded on her right to privacy, and that it fell foul of the injunction granted by the Court at the end of 2005. She started a second set of proceedings.
Ash has now agreed that she will not publish "Travels with Loreena McKennitt" any further, nor publish or disclose any other information about McKennitt. She has also agreed to make a contribution in payment of court costs
"At the end of this long process, privacy law has been developed and built upon," says McKennitt.