Douglas & Ors v Hello Ltd. & Ors

Douglas & Ors v Hello Ltd. & Ors

The publication by Hello! of unauthorized photographs of the Douglases' wedding constituted a breach of confidence and an invasion of privacy under English law, as the event was private and the Douglases had a reasonable expectation of privacy. The Douglases retained residual privacy/confidence rights despite their contract with OK!. OK! magazine did not acquire enforceable rights of commercial confidence in the unauthorized photographs. Hello! was not liable to OK! for economic torts, as there was no intention to injure. Damages for the Douglases were properly awarded for distress and consequential loss, not on a notional licence fee basis.

Parties
Applicant: Michael Douglas; Applicant: Catherine Zeta-Jones; Applicant: Northern & Shell Plc (OK! magazine); Respondent: Hello Limited; Respondent: Hola S.A.; Respondent: Eduardo Sanchez Junco
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal by Hello! against judgment for Douglases dismissed; appeal against judgment for OK! allowed; cross-appeals by OK! and Douglases dismissed.
Legal Topics
Breach of Confidence, Right to Privacy, Economic Torts, Publication of Photographs, Damages Assessment
Media Law Privacy Law Tort Law Breach of Confidence Right to Privacy Economic Torts Publication of Photographs Damages Assessment

Case Brief

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Parties

Michael Douglas

Applicant

Catherine Zeta-Jones

Applicant

Northern & Shell Plc (OK! magazine)

Applicant

Hello Limited

Respondent

Hola S.A.

Respondent

Eduardo Sanchez Junco

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether publication of unauthorized wedding photographs constituted breach of confidence and/or invasion of privacy under English law
  2. 2 Whether OK! magazine had enforceable rights of commercial confidence against Hello!
  3. 3 Whether Hello! was liable for economic torts (unlawful interference/conspiracy) against OK!

Ratio Decidendi

The publication by Hello! of unauthorized photographs of the Douglases' wedding constituted a breach of confidence and an invasion of privacy under English law, as the event was private and the Douglases had a reasonable expectation of privacy. The Douglases retained residual privacy/confidence rights despite their contract with OK!. OK! magazine did not acquire enforceable rights of commercial confidence in the unauthorized photographs. Hello! was not liable to OK! for economic torts, as there was no intention to injure. Damages for the Douglases were properly awarded for distress and consequential loss, not on a notional licence fee basis.

Court Disposition

Appeal by Hello! against judgment for Douglases dismissed; appeal against judgment for OK! allowed; cross-appeals by OK! and Douglases dismissed.

Orders

  • Judgment for the Douglases on breach of confidence/privacy affirmed; damages of £14,600 upheld.
  • Judgment for OK! on breach of confidence set aside; damages award to OK! overturned.