Douglas & Ors v Hello Ltd. & Ors [2005] EWCA Civ 595 (18 May 2005)

Douglas & Ors v Hello Ltd. & Ors [2005] EWCA Civ 595 (18 May 2005)

The publication of unauthorised photographs of the Douglases' wedding by Hello! constituted a breach of confidence and misuse of private information under English law, as the event was private and there was a reasonable expectation of privacy. The OK! contract did not destroy the confidentiality of the information,...

Source-derived case information.

Citation
[2005] EWCA Civ 595
Parties
1st Respondent: Michael Douglas; 2nd Respondent: Catherine Zeta-Jones; 3rd Respondent: Northern & Shell Plc; 1st Appellant: Hello Limited; 2nd Appellant: Hola S.A.; 3rd Appellant: Eduardo Sanchez Junco
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed in respect of liability for breach of confidence and privacy; cross-appeal on economic torts dismissed; damages upheld with minor adjustments.
Legal Topics
Breach of Confidence, Privacy, Misuse of Private Information, Economic Torts, Freedom of Expression, Damages, Injunctions
Media Law Privacy Law Tort Law Contract Law Breach of Confidence Privacy Misuse of Private Information Economic Torts +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Michael Douglas

1st Respondent

Catherine Zeta-Jones

2nd Respondent

Northern & Shell Plc

3rd Respondent

Hello Limited

1st Appellant

Hola S.A.

2nd Appellant

Eduardo Sanchez Junco

3rd Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether publication of unauthorised photographs of a private wedding constituted a breach of confidence or invasion of privacy under English law
  2. 2 Whether OK! magazine had enforceable rights of commercial confidence in the wedding photographs
  3. 3 Whether the law of New York displaced English law on confidence

Ratio Decidendi

The publication of unauthorised photographs of the Douglases' wedding by Hello! constituted a breach of confidence and misuse of private information under English law, as the event was private and there was a reasonable expectation of privacy. The OK! contract did not destroy the confidentiality of the information, and OK! acquired enforceable rights of commercial confidence. English law, not New York law, governed the issue. Hello! was liable in confidence but not for economic torts. Damages were properly awarded for distress and commercial loss, but not on a notional licence fee basis.

Court Disposition

Appeal dismissed in respect of liability for breach of confidence and privacy; cross-appeal on economic torts dismissed; damages upheld with minor adjustments.

Orders

  • Damages of £14,600 to the Douglases for distress and inconvenience upheld
  • Damages of £1,033,156 to OK! for commercial loss upheld