Douglas & Ors v Hello! Ltd & Ors

Douglas & Ors v Hello! Ltd & Ors

The publication by Hello! magazine of unauthorised photographs of the claimants' private wedding, obtained through surreptitious means in breach of clear confidentiality and privacy expectations, constituted a breach of confidence and was unconscionable. The defendants' rights to freedom of expression were outweighed by the claimants' rights to confidentiality and privacy, especially given the lack of public interest and the breach of industry codes. The Data Protection Act was also breached, though no substantial additional remedy arose. Claims for conspiracy, interference with business, and aggravated or exemplary damages failed for lack of intent or causation.

Parties
Claimant: Michael Douglas; Claimant: Catherine Zeta-Jones; Claimant: Northern & Shell PLC; Defendant: Hello! Ltd.; Defendant: Hola, S.A.; Defendant: Eduardo Sanchez Junco; Defendant: The Marquesa de Varela; Defendant: Neneta Overseas Ltd.; Defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
11 April 2003
Procedural Posture
Civil / Judgment After Trial on Liability (split Trial)
Outcome
Claim for breach of confidence succeeds against Hello! Defendants; all other claims dismissed.
Legal Topics
Breach of Confidence, Privacy, Data Protection, Conspiracy, Interference With Business, Damages, Injunctions
Media Law Privacy Law Equity Tort Breach of Confidence Privacy Data Protection Conspiracy +3 more

Case Brief

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Parties

Michael Douglas

Claimant

Catherine Zeta-Jones

Claimant

Northern & Shell PLC

Claimant

Hello! Ltd.

Defendant

Hola, S.A.

Defendant

Eduardo Sanchez Junco

Defendant

The Marquesa de Varela

Defendant

Neneta Overseas Ltd.

Defendant

Philip Ramey

Defendant

Procedural Posture

Civil / Judgment After Trial on Liability (split Trial)

Legal Issues

  1. 1 Whether the publication of unauthorised photographs of a private wedding by Hello! magazine constituted a breach of confidence and/or privacy rights of the claimants.
  2. 2 Whether the claimants are entitled to relief under the Data Protection Act 1998.
  3. 3 Whether the defendants are liable for conspiracy or interference with business by unlawful means.

Ratio Decidendi

The publication by Hello! magazine of unauthorised photographs of the claimants' private wedding, obtained through surreptitious means in breach of clear confidentiality and privacy expectations, constituted a breach of confidence and was unconscionable. The defendants' rights to freedom of expression were outweighed by the claimants' rights to confidentiality and privacy, especially given the lack of public interest and the breach of industry codes. The Data Protection Act was also breached, though no substantial additional remedy arose. Claims for conspiracy, interference with business, and aggravated or exemplary damages failed for lack of intent or causation.

Court Disposition

Claim for breach of confidence succeeds against Hello! Defendants; all other claims dismissed.

Orders

  • Declaration of liability for breach of confidence against Hello! Defendants (1st to 3rd Defendants).
  • Injunction or undertaking to restrain further publication of the unauthorised photographs.