The Duke of Sussex & Ors v MGN Ltd [2023] EWHC 3217 (Ch) (15 December 2023)

The Duke of Sussex & Ors v MGN Ltd [2023] EWHC 3217 (Ch) (15 December 2023)

MGN engaged in extensive and habitual phone hacking and unlawful information gathering across all three national titles from 1999 to 2006, with some activity before and after that period. The majority of PI instructions were for unlawful purposes. Board and legal department members had knowledge of unlawful activity but not necessarily criminal conduct. Claims for damages based on publication are statute-barred; damages for underlying UIG are recoverable. Quantum depends on seriousness and impact of UIG.

Citation
[2023] EWHC 3217 (Ch)
Parties
Claimant: The Duke of Sussex; Claimant: Nikki Sanderson; Claimant: Michael Turner; Claimant: Fiona Wightman; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Misuse of Private Information Claim / Final Judgment
Outcome
Judgment for claimants in part; damages awarded for proven UIG; claims for publication damages dismissed as statute-barred.
Legal Topics
Misuse of Private Information, Voicemail Interception, Unlawful Information Gathering, Limitation, Damages
Privacy Law Media Law Tort Law Misuse of Private Information Voicemail Interception Unlawful Information Gathering Limitation Damages

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Parties

The Duke of Sussex

Claimant

Nikki Sanderson

Claimant

Michael Turner

Claimant

Fiona Wightman

Claimant

MGN Limited

Defendant

Procedural Posture

Misuse of Private Information Claim / Final Judgment

Legal Issues

  1. 1 Extent of phone hacking and unlawful information gathering by MGN
  2. 2 Knowledge and involvement of MGN board and legal department
  3. 3 Statute-barred claims for publication

Ratio Decidendi

MGN engaged in extensive and habitual phone hacking and unlawful information gathering across all three national titles from 1999 to 2006, with some activity before and after that period. The majority of PI instructions were for unlawful purposes. Board and legal department members had knowledge of unlawful activity but not necessarily criminal conduct. Claims for damages based on publication are statute-barred; damages for underlying UIG are recoverable. Quantum depends on seriousness and impact of UIG.

Court Disposition

Judgment for claimants in part; damages awarded for proven UIG; claims for publication damages dismissed as statute-barred.

Orders

  • MGN to pay damages to each claimant for proven UIG
  • MGN to pay claimants' costs