Gulati & Ors v MGN Ltd (un-redacted)

Gulati & Ors v MGN Ltd (un-redacted)

Damages for misuse of private information are not limited to distress but include compensation for the act of misuse itself and loss of autonomy; multiple invasions and publications may attract separate awards; aggravated damages are available for conduct increasing loss; the court may draw adverse inferences where evidence is destroyed; and further disclosure may be ordered post-judgment if justified.

Parties
Claimant: Shobna Gulati & ors; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil / Judgment After Trial on Assessment of Damages
Outcome
Judgment for the claimants on assessment of damages.
Legal Topics
Misuse of Private Information, Phone Hacking, Damages Assessment, Aggravated Damages, Disclosure Obligations
Privacy Law Tort Law Media Law Misuse of Private Information Phone Hacking Damages Assessment Aggravated Damages Disclosure Obligations

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Parties

Shobna Gulati & ors

Claimant

MGN Limited

Defendant

Procedural Posture

Civil / Judgment After Trial on Assessment of Damages

Legal Issues

  1. 1 What is the proper basis for assessing damages in privacy claims involving phone hacking?
  2. 2 Are damages limited to distress or do they include compensation for loss of autonomy and other non-pecuniary losses?
  3. 3 What is the correct approach to multiple invasions and publication of private information?

Ratio Decidendi

Damages for misuse of private information are not limited to distress but include compensation for the act of misuse itself and loss of autonomy; multiple invasions and publications may attract separate awards; aggravated damages are available for conduct increasing loss; the court may draw adverse inferences where evidence is destroyed; and further disclosure may be ordered post-judgment if justified.

Court Disposition

Judgment for the claimants on assessment of damages.

Orders

  • Awards of damages to each claimant for misuse of private information, including for hacking, private investigator activities, and publication of articles.
  • Aggravated damages awarded in some cases for defendant's conduct.