Bull vDesporte

Bull vDesporte

The claimant had a reasonable expectation of privacy in the information published in the book, including details of sexual relationship, family, children, and health. The defendant's Article 10 rights did not outweigh the claimant's Article 8 rights, as there was no legally cognisable public interest in publication....

Source-derived case information.

Parties
Claimant: Gareth Bull; Defendant: Donna Desporte
Jurisdiction
England and Wales
Judgment Date
26 June 2019
Procedural Posture
Civil / Final Judgment
Outcome
Claim for misuse of private information and copyright infringement succeeds.
Legal Topics
Misuse of Private Information, Copyright Infringement, Permanent Injunction, Damages, Aggravated Damages
Privacy Copyright Misuse of Private Information Copyright Infringement Permanent Injunction Damages Aggravated Damages

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Parties

Gareth Bull

Claimant

Donna Desporte

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether publication of private information in a book constitutes misuse of private information
  2. 2 Whether inclusion of photographs in the book constitutes copyright infringement
  3. 3 Whether the claimant consented to publication or the information was in the public domain

Ratio Decidendi

The claimant had a reasonable expectation of privacy in the information published in the book, including details of sexual relationship, family, children, and health. The defendant's Article 10 rights did not outweigh the claimant's Article 8 rights, as there was no legally cognisable public interest in publication. The claimant did not consent to publication, and the information was not in the public domain prior to the book's release. The defendant's publication of photographs constituted copyright infringement. Damages and a permanent injunction were appropriate remedies.

Court Disposition

Claim for misuse of private information and copyright infringement succeeds.

Orders

  • Permanent injunction restraining publication of the identified private information in the book
  • Damages for misuse of private information assessed at £10,000