Ferdinand v Mgn Ltd (Rev 2) [2011] EWHC 2454 (QB) (29 September 2011)

Ferdinand v Mgn Ltd (Rev 2) [2011] EWHC 2454 (QB) (29 September 2011)

The court held that the information published by the defendant was in principle protected by Article 8 ECHR, as the claimant had a reasonable expectation of privacy in the details of his relationship with Ms Storey, the text messages, and the private photograph. While there was some public interest in correcting a misleading image projected by the claimant, the article went beyond what was justified for that purpose, including gratuitous details and intrusions into the claimant's private life. The defendant's right to freedom of expression did not outweigh the claimant's right to privacy in the circumstances. Accordingly, the publication constituted a misuse of private information and...

Citation
[2011] EWHC 2454 (QB)
Parties
Claimant: Rio Ferdinand; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2011
Procedural Posture
Privacy/misuse of Private Information Claim / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Misuse of Private Information, Breach of Confidence, Freedom of Expression, Reasonable Expectation of Privacy, Balancing Article 8 and Article 10 ECHR
Media Law Privacy Law Human Rights Misuse of Private Information Breach of Confidence Freedom of Expression Reasonable Expectation of Privacy Balancing Article 8 and Article 10 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rio Ferdinand

Claimant

MGN Limited

Defendant

Procedural Posture

Privacy/misuse of Private Information Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether publication of details of the claimant's private life constituted misuse of private information and breach of confidence
  2. 2 Whether the claimant had a reasonable expectation of privacy in the information published
  3. 3 Whether the defendant's right to freedom of expression outweighed the claimant's right to privacy

Ratio Decidendi

The court held that the information published by the defendant was in principle protected by Article 8 ECHR, as the claimant had a reasonable expectation of privacy in the details of his relationship with Ms Storey, the text messages, and the private photograph. While there was some public interest in correcting a misleading image projected by the claimant, the article went beyond what was justified for that purpose, including gratuitous details and intrusions into the claimant's private life. The defendant's right to freedom of expression did not outweigh the claimant's right to privacy in the circumstances. Accordingly, the publication constituted a misuse of private information and...

Court Disposition

Claim allowed

Orders

  • Judgment for the claimant
  • Defendant to pay damages to the claimant