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15-04-14Paul Weller Wins Damages from Associated Newspapers
On 16 April 2014, the High Court in London found in favour of Paul Weller in respect of a claim brought by him on behalf of three of his children against Associated Newspapers Limited (“ANL”) arising out of the publication of seven photographs on ANL’s website, Mail Online, in October 2012.
The Claimants, represented by Clintons’ Partner Roddy Chisholm Batten, argued that the publication of the photographs of them on a family outing with their father in California amounted to a misuse of their private information given that they showed the Claimant’s un-pixilated and unobscured faces (two of whom were 10 months old at the time). The photographs were taken by a paparazzi photographer, who had followed them around Santa Monica Boulevard and had taken the photos after being asked to stop doing so by Mr Weller.
Following a four day trial in which Mr Weller and his wife, Hannah, amongst others gave evidence, Mr Justice Dingemans found that the publication of the photographs by ANL did indeed amount to a misuse of the Claimants’ private information. He therefore ordered ANL to pay the Claimants the sum of £10,000 by way of damages and provide an undertaking to the Court not to publish the photographs again.
Privacy trials are still relatively rare in England & Wales with only a handful of contested claims coming before the Courts since the ground-breaking decision in the case of Campbell v Mirror Group Newspapers in 2004, in which the tort of misuse of private information was first recognised.
The full judgment can be accessed via: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2014/1163.html&query=weller&method=boolean
Roddy Chisholm Batten
Article by Roddy Chisholm Batten
Clintons is authorised and regulated by the Solicitors Regulation Authority whose regulations can be found at www.rules.sra.org.uk. Solicitors Regulation Authority number 00045165 Compliance Information