Douglas & Ors v Hello! Ltd. & Ors

Douglas & Ors v Hello! Ltd. & Ors

Hello!'s publication of unauthorised photographs destroyed OK!'s exclusivity, causing foreseeable and consequential losses in sales and advertising; damages are awarded on a conventional compensatory basis as this yields higher compensation than a notional licence fee.

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! defendants
Legal Topics
Breach of Confidence, Damages Assessment, Data Protection, Notional Licence Fee, Mitigation of Loss
Tort Media Law Privacy Contract Breach of Confidence Damages Assessment Data Protection Notional Licence Fee +1 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 / Quantum of Damages After Liability Judgment

Legal Issues

  1. 1 Assessment of damages for breach of confidence
  2. 2 Whether damages should be awarded for distress, wasted costs, loss of sales, or notional licence fee
  3. 3 Causation and remoteness of loss

Ratio Decidendi

Hello!'s publication of unauthorised photographs destroyed OK!'s exclusivity, causing foreseeable and consequential losses in sales and advertising; damages are awarded on a conventional compensatory basis as this yields higher compensation than a notional licence fee.

Court Disposition

Damages awarded to claimants against Hello! defendants

Orders

  • Hello! defendants to pay £1,047,756 in damages, divided as £14,600 to the Douglases and £1,033,156 to Northern & Shell PLC (OK!)
  • Hello! defendants to pay £50 each to Mr and Mrs Douglas under the Data Protection Act