Representative Claimants v MGN Ltd [2015] EWCA Civ 1291 (17 December 2015)

Representative Claimants v MGN Ltd [2015] EWCA Civ 1291 (17 December 2015)

The Court held that damages for misuse of private information are not limited to distress but may also compensate for loss of control over private information. The judge's atomised approach to damages, awarding for each invasion and publication, was within his discretion and not perverse. The awards, though higher than previous privacy cases, were justified by the scale and seriousness of the invasions and did not require reduction to align with personal injury or discrimination tariffs. There was no double-counting.

Citation
[2015] EWCA Civ 1291
Parties
Respondents: Representative Claimants; Appellant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court awards upheld.
Legal Topics
Misuse of Private Information, Damages Assessment, Phone Hacking, Compensation for Distress, Comparative Damages (personal Injury, Defamation, Discrimination)
Privacy Law Media Law Tort Law Misuse of Private Information Damages Assessment Phone Hacking Compensation for Distress Comparative Damages (personal Injury, Defamation, Discrimination)

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Parties

Representative Claimants

Respondents

MGN Limited

Appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether damages for misuse of private information are limited to distress or include compensation for loss of control over private information
  2. 2 Whether the awards were disproportionate compared to personal injury, discrimination, and harassment damages
  3. 3 Whether the approach to damages (atomised vs global) was correct

Ratio Decidendi

The Court held that damages for misuse of private information are not limited to distress but may also compensate for loss of control over private information. The judge's atomised approach to damages, awarding for each invasion and publication, was within his discretion and not perverse. The awards, though higher than previous privacy cases, were justified by the scale and seriousness of the invasions and did not require reduction to align with personal injury or discrimination tariffs. There was no double-counting.

Court Disposition

Appeal dismissed; High Court awards upheld.

Orders

  • MGN's appeal on all four grounds dismissed.
  • Damages awards to claimants for misuse of private information upheld.