24-11-15

Wellers Win Privacy Appeal
On 20th November 2015, the Court of Appeal dismissed Associated Newspapers appeal against the judgment of Dingemans J dated 16 April 2014 awarding Paul Weller’s three children a total of £10,000 in damages for misuse of private information.  The claim related to photographs taken of them by a paparazzi photographer while they were on a family day out with their father in California. 
 
The Court of Appeal unanimously dismissed Associated Newspapers three grounds of appeal, namely; (1) that the children did not have a reasonable expectation of privacy in circumstances where the newspaper published innocuous photographs of them which had been taken in a public street without their consent and where nothing inherently private is shown; (2) the judge should have taken account of Californian law which permits the taking and publication of such photos; and (3) the judge should not have granted an injunction to prevent further publication of the photos in the absence of an undertaking and where there was clearly no intention on the part of the newspaper to republish.