Representative Claimants v MGN Ltd

Representative Claimants v MGN Ltd

Damages for misuse of private information are not limited to distress but include compensation for loss of control of private information; the judge's atomised approach to damages was correct and proportionate given the scale and seriousness of the invasions; no double-counting occurred; comparison with personal injury and Strasbourg Court awards is a relevant but not determinative check.

Parties
Respondent: Representative Claimants; Appellant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Misuse of Private Information, Damages Assessment, Phone Hacking, Distress, Loss of Control of Information, Double Counting, Comparison With Personal Injury Awards, Comparison With Strasbourg Court Awards
Privacy Law Tort Law Media Law Misuse of Private Information Damages Assessment Phone Hacking Distress Loss of Control of Information +3 more

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Parties

Representative Claimants

Respondent

MGN Limited

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether damages for misuse of private information are limited to distress or include compensation for loss of control of private information
  2. 2 Whether the awards were disproportionate compared to personal injury and Strasbourg Court awards
  3. 3 Whether the judge's approach involved double-counting

Ratio Decidendi

Damages for misuse of private information are not limited to distress but include compensation for loss of control of private information; the judge's atomised approach to damages was correct and proportionate given the scale and seriousness of the invasions; no double-counting occurred; comparison with personal injury and Strasbourg Court awards is a relevant but not determinative check.

Court Disposition

appeal dismissed

Orders

  • Judge's awards of damages upheld
  • No tariff fixed for privacy damages