Gulati & Ors v MGN Ltd (un-redacted) [2015] EWHC 1482 (Ch) (21 May 2015)

Gulati & Ors v MGN Ltd (un-redacted) [2015] EWHC 1482 (Ch) (21 May 2015)

The court held that damages for misuse of private information by phone hacking are to compensate for both the distress caused and the loss of control over private information, taking into account the scale, persistence, and impact of the unlawful activity. Aggravated damages are justified where the defendant's conduct, including denials, tactical admissions, and the manner of apology, exacerbated the injury to the claimants. The quantum must reflect the seriousness of the invasions, not merely the distress, and a single award per claimant is appropriate, not per article.

Citation
[2015] EWHC 1482 (Ch)
Parties
Claimant: Shobna Gulati & ors; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil Privacy/invasion of Privacy / Assessment of Damages Following Admissions of Liability
Outcome
Judgment for the claimants on assessment of damages.
Legal Topics
Misuse of Private Information, Phone Hacking, Aggravated Damages, Quantum of Damages, Media Intrusion, Blagging, Voicemail Interception
Privacy Law Media Law Tort Law Misuse of Private Information Phone Hacking Aggravated Damages Quantum of Damages Media Intrusion +2 more

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Parties

Shobna Gulati & ors

Claimant

MGN Limited

Defendant

Procedural Posture

Civil Privacy/invasion of Privacy / Assessment of Damages Following Admissions of Liability

Legal Issues

  1. 1 What is the appropriate measure and quantum of damages for misuse of private information via phone hacking and related unlawful activities by a media defendant?
  2. 2 Are claimants entitled to aggravated damages in addition to basic damages for distress and loss of privacy?
  3. 3 Should damages be awarded for each article or as a single award per claimant?

Ratio Decidendi

The court held that damages for misuse of private information by phone hacking are to compensate for both the distress caused and the loss of control over private information, taking into account the scale, persistence, and impact of the unlawful activity. Aggravated damages are justified where the defendant's conduct, including denials, tactical admissions, and the manner of apology, exacerbated the injury to the claimants. The quantum must reflect the seriousness of the invasions, not merely the distress, and a single award per claimant is appropriate, not per article.

Court Disposition

Judgment for the claimants on assessment of damages.

Orders

  • Defendant to pay compensatory and aggravated damages to each claimant as assessed.
  • Defendant to publish apologies as previously undertaken.