header-logo header-logo

19 February 2016 / Alex Cochrane , Patrick Wheeler
Issue: 7687 / Categories: Features , Profession , Damages
printer mail-detail

Tip of the iceberg

The phone hacking trials have redefined privacy damages, note Patrick Wheeler & Alex Cochrane

On 17 December 2015, the Court of Appeal handed down judgment in a group of cases known as Gulati & ors v MGN Limited [2015] EWCA Civ 1291, [2015] All ER (D) 193 (Dec). The claims alleged serious breaches of privacy arising from stories that were published based on information gleaned from unlawfully intercepted private phone messages. The court dismissed MGN’s appeal in full and upheld the judgment of Mr Justice Mann which had formulated a methodology for quantifying damages awards in privacy claims. This marks a significant departure from the previous received wisdom on the assessment of privacy damages.

Before Gulati

Pre-Gulati, it was widely understood by practitioners that the upper tariff for damages awards for privacy claims was set by the case of Mosley v News Group Newspapers [2008] EWHC 1777 (QB), [2008] All ER (D) 322 (Jul). In 2008, Mr Mosley was awarded £60,000 damages in respect of a very serious breach of his privacy arising from photographs published on the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll