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

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll