Stoute & Anor v News Group Newspapers Ltd [2023] EWCA Civ 523 (19 May 2023)

Stoute & Anor v News Group Newspapers Ltd [2023] EWCA Civ 523 (19 May 2023)

The claimants did not have a reasonable expectation of privacy in respect of the photographs taken of them on a public beach, as the images depicted only what was visible to any member of the public present. The degree of targeting and use of telephoto lenses by paparazzi was insufficient in the circumstances to render the information private. The refusal of an interim injunction was therefore correct.

Citation
[2023] EWCA Civ 523
Parties
Claimant/appellant: Richard Stoute; Claimant/appellant: Sarah Stoute; Defendant/respondent: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Appeal (civil) / Appeal From Refusal of Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Misuse of Private Information, Reasonable Expectation of Privacy, Photographs in Public Places, Article 8 ECHR, Article 10 ECHR, Interim Injunctions
Media Law Privacy Law Human Rights Misuse of Private Information Reasonable Expectation of Privacy Photographs in Public Places Article 8 ECHR Article 10 ECHR +1 more

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Parties

Richard Stoute

Claimant/appellant

Sarah Stoute

Claimant/appellant

News Group Newspapers Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether claimants had a reasonable expectation of privacy in respect of photographs taken of them by paparazzi on a public beach and published by the defendant.
  2. 2 Whether the refusal of an interim injunction to restrain further publication of the photographs was correct.

Ratio Decidendi

The claimants did not have a reasonable expectation of privacy in respect of the photographs taken of them on a public beach, as the images depicted only what was visible to any member of the public present. The degree of targeting and use of telephoto lenses by paparazzi was insufficient in the circumstances to render the information private. The refusal of an interim injunction was therefore correct.

Court Disposition

Appeal dismissed

Orders

  • Refusal of interim injunction against further publication of the photographs is upheld.