Douglas & Ors v Hello! Ltd & Ors [2003] EWHC 786 (Ch) (11 April 2003)

Douglas & Ors v Hello! Ltd & Ors [2003] EWHC 786 (Ch) (11 April 2003)

The court held that the claimants' wedding, despite their celebrity status and the number of guests, was a private event with clear and reasonable steps taken to ensure privacy and exclusivity. The defendants' acquisition and publication of unauthorised photographs constituted a breach of confidence and misuse of private information. The defendants were also found liable for inducing or procuring a breach of the exclusive contract between the claimants and OK! magazine. Liability was established against the first five defendants; quantum of damages was reserved for later determination.

Citation
[2003] EWHC 786 (Ch)
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 (Maria J. Marin); Defendant: Neneta Overseas Ltd.; Defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
11 April 2003
Procedural Posture
Civil / Liability Trial (split Trial; Quantum Reserved)
Outcome
Liability established against the first five defendants; quantum of damages to be determined in a subsequent hearing.
Legal Topics
Breach of Confidence, Misuse of Private Information, Exclusive Rights, Photographic Rights, Damages, Injunctions, Media Law
Privacy Contract Tort Intellectual Property Breach of Confidence Misuse of Private Information Exclusive Rights Photographic Rights +3 more

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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 (Maria J. Marin)

Defendant

Neneta Overseas Ltd.

Defendant

Philip Ramey

Defendant

Procedural Posture

Civil / Liability Trial (split Trial; Quantum Reserved)

Legal Issues

  1. 1 Whether the defendants are liable for breach of confidence and/or misuse of private information by publishing unauthorised photographs of the claimants' wedding
  2. 2 Whether the defendants induced or procured a breach of contract between the claimants and OK! magazine
  3. 3 Whether the defendants' actions constituted an actionable wrong under English law

Ratio Decidendi

The court held that the claimants' wedding, despite their celebrity status and the number of guests, was a private event with clear and reasonable steps taken to ensure privacy and exclusivity. The defendants' acquisition and publication of unauthorised photographs constituted a breach of confidence and misuse of private information. The defendants were also found liable for inducing or procuring a breach of the exclusive contract between the claimants and OK! magazine. Liability was established against the first five defendants; quantum of damages was reserved for later determination.

Court Disposition

Liability established against the first five defendants; quantum of damages to be determined in a subsequent hearing.

Orders

  • Declaration of liability for breach of confidence and misuse of private information against the first five defendants.
  • Declaration of liability for inducing breach of contract against the first five defendants.