Douglas & Ors v Hello! Ltd. & Ors [2003] EWHC 2629 (Ch) (07 November 2003)

Douglas & Ors v Hello! Ltd. & Ors [2003] EWHC 2629 (Ch) (07 November 2003)

Hello! Ltd. is liable to pay substantial compensatory damages to the claimants for breach of confidence by publishing unauthorised photographs of the Douglas wedding, as the losses suffered were a direct and foreseeable consequence of the breach, including distress, wasted costs, and loss of revenue from lost exclusivity. The notional licence fee approach was considered but the compensatory basis yielded a higher award.

Citation
[2003] EWHC 2629 (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; Defendant: Neneta Overseas Ltd.; Defendant: Philip Ramey
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Civil / Quantum of Damages After Liability Judgment
Outcome
Damages awarded to claimants against Hello! Ltd., Hola S.A., and Eduardo Sanchez Junco; other defendants not liable.
Legal Topics
Breach of Confidence, Damages Assessment, Notional Licence Fee, Data Protection, Distress Damages, Loss of Revenue, Mitigation of Loss
Privacy Law Media Law Contract Law Tort Law Breach of Confidence Damages Assessment Notional Licence Fee Data Protection +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

Defendant

Neneta Overseas Ltd.

Defendant

Philip Ramey

Defendant

Procedural Posture

Civil / Quantum of Damages After Liability Judgment

Legal Issues

  1. 1 What damages are payable for breach of confidence by publication of unauthorised wedding photographs?
  2. 2 How should damages for distress, wasted costs, and loss of revenue be assessed?
  3. 3 Is a notional licence fee an appropriate alternative measure of damages?

Ratio Decidendi

Hello! Ltd. is liable to pay substantial compensatory damages to the claimants for breach of confidence by publishing unauthorised photographs of the Douglas wedding, as the losses suffered were a direct and foreseeable consequence of the breach, including distress, wasted costs, and loss of revenue from lost exclusivity. The notional licence fee approach was considered but the compensatory basis yielded a higher award.

Court Disposition

Damages awarded to claimants against Hello! Ltd., Hola S.A., and Eduardo Sanchez Junco; other defendants not liable.

Orders

  • Hello! Ltd., Hola S.A., and Eduardo Sanchez Junco to pay £1,033,156 to Northern & Shell PLC (OK! magazine) for loss of revenue and wasted costs.
  • Hello! Ltd., Hola S.A., and Eduardo Sanchez Junco to pay £3,750 each to Michael Douglas and Catherine Zeta-Jones for distress.