The Duke of Sussex & Ors v MGN Limited

The Duke of Sussex & Ors v MGN Limited

MGN engaged in widespread and habitual UIG and VMI against the claimants, with board-level knowledge and concealment. Most claims by Sanderson and Wightman are statute-barred as they could with reasonable diligence have discovered the facts more than 6 years before issue. Damages for UIG can include distress from subsequent publication. Substantial damages, including aggravated damages, are awarded to the Duke of Sussex and Michael Turner for proven UIG and VMI. Claims for acts before 2 October 2000 are not actionable as misuse of private information.

Parties
Claimant: The Duke of Sussex; Claimant: Nikki Sanderson; Claimant: Michael Turner; Claimant: Fiona Wightman; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Judgment After Trial
Outcome
Partially allowed; claims of the Duke of Sussex and Michael Turner succeed in part; claims of Nikki Sanderson and Fiona Wightman dismissed as statute-barred.
Legal Topics
Misuse of Private Information, Voicemail Interception, Unlawful Information Gathering, Limitation of Actions, Aggravated Damages
Privacy Law Tort Law Media Law Misuse of Private Information Voicemail Interception Unlawful Information Gathering Limitation of Actions Aggravated 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

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether MGN engaged in unlawful information gathering (UIG) and voicemail interception (VMI) against the claimants;
  2. 2 Whether the claims are statute-barred under the Limitation Act 1980;
  3. 3 Whether damages for UIG can include distress caused by subsequent publication;

Ratio Decidendi

MGN engaged in widespread and habitual UIG and VMI against the claimants, with board-level knowledge and concealment. Most claims by Sanderson and Wightman are statute-barred as they could with reasonable diligence have discovered the facts more than 6 years before issue. Damages for UIG can include distress from subsequent publication. Substantial damages, including aggravated damages, are awarded to the Duke of Sussex and Michael Turner for proven UIG and VMI. Claims for acts before 2 October 2000 are not actionable as misuse of private information.

Court Disposition

Partially allowed; claims of the Duke of Sussex and Michael Turner succeed in part; claims of Nikki Sanderson and Fiona Wightman dismissed as statute-barred.

Orders

  • MGN to pay damages to the Duke of Sussex in the sum of £140,600 (including aggravated damages and uplift);
  • MGN to pay damages to Michael Turner in the sum of £31,650 (including aggravated damages and uplift);