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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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