Judgement date: 2 May 2007. The Douglases were entitled to protect the confidentiality that Hello! Magazine brought their publication forward to compete, incurring expenses. The Douglases sought an interlocutory injunction restraining publication which was initially granted, but then lifted several days later. Mainstream Properties Ltd v Young : OBG Ltd v Allan : Douglas v Hello! Ltd United Kingdom 20.05.2005 Everyone will recall the glamorous couple Michael Douglas and Catherine Zeta-Jones, more used to red carpets than courtrooms, fighting for their privacy over wedding photographs sold to Hello! Ltd and others (No 3): CA 18 May 2005 The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). magazine. They sued for a number of things and breach of privacy and they won even though they always intended the photos to be disseminated. Related documents. The Douglases and OK! Michael Douglas v Hello. the U.K.'s implementation in the Human Rights Act 1998 (U.K.) of the European Human Rights Convention includ ing within it a European style right to a "private life" (as well as a right to freedom of speech)7 forced a judicial re-examination of the scope and limits The case resulted in OK! Free resources to assist you with your legal studies! The first concerns legal awareness of what could be called the celebrity industry and its role in … Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005 The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). The deal with OK! Ltd., in which pictures surreptitiously taken of a New York wedding were published in a United Kingdom magazine, it is becoming increasingly apparent that privacy invasions are not restricted by national borders. have won on the issue of breach of confidence, with Lord Hoffmann taking the majority 3:2 view on the issue, restoring the earlier High Court judgment, saying: “In my opinion Lindsay J was right. Only one photographer was allowed in, but a freelancer managed to sneak in and sell the photos to a competitor. Submitted for Dan So by Team 5. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! In November 2003, Lindsay J came to assess damages in Douglas v Hello!, the trial having been split as to questions of liability and damages. Tort – Economic loss – Unlawful interference – Breach of Confidence – damages. Reference this Ltd (N o 3), the Hollywood stars Michael Douglas and Catherine Zeta-Jones sold the publisher of OK! 1), an injunction was disallowed by the Court of Appeal; Issue. The cases are the interlocutory stage in this case in the Court of Appeal, namely Douglas and others v- Hello! Ltd (No.3) [2003] EWHC 55 (Ch) (27 January 2003), PrimarySources Brooke LJ ruled that the couple could not expect privacy at a wedding with 250 guests. Could Douglas claim for a ‘breach of confidence’ by Hello magazine; Decision. The public facts contemplated concern events (such as criminal behaviour) which have, in effect, become private again. Douglas and others v Hello! Magazine and the unauthorised photographer were intent on destroying. Comments. In order to ensure the exclusivity there was strict security of the event and no guests were allowed to take photographs, the event was closed to the media and guests were told to surrender any equipment which could be used to take photographs. Create. It normally comes out on Thursdays in London and on Fridays throughout the rest of the United Kingdom. i.e. Remedies against the Crown in the House of Lords. The couple also undertook to organize security to prevent anyone from taking unauthorised photographs at the event. SUMMARY OF JUDGMENT PREPARED FOR CLAIMANTS. in the House of Lords Black, Gillian 2007-09-01 00:00:00 402 EdinLR Vol 11 pp 402-407 A. Douglas v Hello! Douglas v Hello! 2017/2018. DOUGLAS V HELLO! The basic facts. VAT Registration No: 842417633. The authors explore ideas about the celebrity as a commodity and the treatment of photographs in privacy-related claims, and draw out two points. The Douglases and OK! Ltd (No.8) (HL) - 5RB Barristers. This page was last edited on 17 May 2020, at 05:15. An unauthorised freelance photographer gained access to the wedding and sold pictures to Hello! OK! Ltd ("Hello! University of Salford. Recommended Articles. Judgement for the case Douglas v Hello. Abstract. Unformatted text preview: Douglas v Hello! Douglas v Hello [2008] 1 AC 1 Case summary last updated at 02/02/2020 14:52 by the Oxbridge Notes in-house law team. has resulted in a split (some might say fractured) decision. INTRODUCTION Six and a half years after the wedding of Michael Douglas and Catherine Zeta Jones, the legal dispute surrounding the publication of unauthorised photographs of their wedding by Hello! magazine would pay £1 million for exclusive rights to publish photos from their wedding. Ltd [2001] 2 WLR 992 Court of Appeal Brooke, Sedley and Keene LJJ . OK! Ltd. notes and revision materials. This article considers the reasoning and likely impact of the English Court of Appeal decision of Douglas v Hello!. Looking for a flexible role? [6] The only way in which OK magazine could recover damages against Hello was through a claim for breach of confidence. Magazine. in the House of Lords OK! Do you have a 2:1 degree or higher? magazine has … . Ltd [2001] QB 967 C.A., a judgment delivered on the 21st December 2000; Venables and another v- News Group Newspapers Ltd and others [2001] 1 All ER 908 , a judgment delivered on the 8th January 2001 by Dame Elizabeth Butler-Sloss P.; Judgement for the case Douglas v Hello. Magazine’s interference, constituting an intentional act. The House of Lords decision in the case of Douglas v Hello! Douglas V. Hello! The case resulted in OK! Module. Douglas TV enjoys a special relationship with British Sky TV – we have worked closely with Sky since the beginning of our business. Douglas v Hello! Magazine being awarded £1,033,156. Ltd 2006 -­‐ Photos of his wedding. INTRODUCTION Six and a half years after the wedding of Michael Douglas and Catherine Zeta Jones, the legal dispute surrounding the publication of unauthorised photographs of their wedding by Hello! litigation. Hello subsequently appealed to the Court of Appeal. In Douglas v Hello! Submitted for Dan So by Team 5. There was found to be economic loss that arose from Hello! For the final appeal in the House of Lords, see, "Douglas v. Hello! The claimants had retained joint . Why not see if you can find something useful? Richard Slowe . [2006] QB 125 contracted for the exclusive right to publish photographs of a celebrity wedding at which all other photography would be forbidden. contracted for the exclusive right to publish photographs of a celebrity wedding at which all other photography would be forbidden. INTRODUCTION Six and a half years after the wedding of Michael Douglas and Catherine Zeta Jones, the legal dispute surrounding the publication of unauthorised photographs of their wedding by Hello! in the House of Lords A. published the photographs before Hello!, this did not mean the photos were in the public domain and no longer subject to confidence. [2] However a freelance photographer Rupert Thorpe, son of the former British politician Jeremy Thorpe, managed to get into the wedding and take photographs of the couple. OK! In the aftermath of Douglas v. Hello! Ltd [2006] QB 125 the magazine OK! GOODBYE HELLO!. and No. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Ltd. notes and revision materials. Magazine were entitled to a commercial confidence over the wedding photos as the photos were not publicly available so were confidential, even though information about the wedding was generally available for people to communicate. Douglas and another and others v. Hello! For more on this, see the Australian case of British American Tobacco Australia v Cowell, approved in Douglas v Hello!. Magazine was worth £1,000,000.[3]. Its cover price in 2000 was 1.85. Ltd. Court: HL. They sued for a number of things and breach of privacy and they won even though they always intended the photos to be disseminated. Ltd [2006] QB 125 the magazine OK! The Court of Appeal ruled that the OK magazine retained confidence in publishing photographs that the Douglases agreed should be published but retained a right of privacy in remaining photographs. In implementing this strategy, and following a bidding war between the publishers of the rival British magazines Hello! Ltd – Hello asserted the right to freedom of expression under Article 10 but Michael Douglas claimed that his right to a private and family life under Article 8 had been infringed. Each photograph was intended to convey the visual information of their wedding and that each picture would be treated as a separate piece of information that OK! The couple sold exclusive rights of their wedding to OK! Ltd (No3) at [2003] 3 All ER 996. Thus, the Douglases were entitled to damages for breach of confidence and interference by Hello! We also stock notes on Commercial Remedies BCL as well as BCL Law Notes generally. There are four sets of reported judgments in the case: the reasons of the Court of Appeal (Brooke, Sedley and Keene LJJ), given on 21 December 2000 [2001] QB 967, for lifting the injunction by its order of 23 November 2000; the judgment of Lindsay J on liability given on 11 April 2003 and reported as. Selling privacy: Douglas v Hello! Ltd [2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. Facts. 1 Hello! Magazine being awarded £1,033,156. OK! [8] Douglas v Hello! [4] In the judgment Brooke LJ restated the three requirements for there to have been a breach of confidence. The Judge has held that Hello! It is a more-recently-established magazine than Hello!, that being broadly reflected in the issue numbers at the time of the Douglas wedding, namely number 639 for Hello! The couple also undertook to organize security to prevent anyone from taking unauthorised photographs at the event. In-house law team, Tort – Economic loss – Unlawful interference – Breach of Confidence – damages. There has to be an obligation of confidence; The prospective claimants have to make clear that no photographic pictures are to be taken. magazine, had entered into agreement whereby OK! The long running battle over the publication of Michael Douglas and Catherine Zeta Jones’ wedding photographs has reached the Court of Appeal, which handed down judgment on Wednesday on the various appeals before it. Ltd [2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. On 18 November 2000, the famous film stars Michael Douglas and Catherine Zeta-Jones married and held a … Ltd that 'we have reached a point at which it can be said with confidence that the law recognises and will appropriately protect a right of personal privacy'2 must be one of the most long-awaited passages in the House of Lords Black, Gillian 2007-09-01 00:00:00 402 EdinLR Vol 11 pp 402-407 A. Paul Stanley (Instructed by S J Berwin LLP) Mainstream Properties Ltd v Young and others and another. Ltd 2006 -­‐ Photos of his wedding. had published unauthorised photographs of the wedding of Michael Douglas and Catherine Zeta Jones, in the full knowledge that OK had an exclusive on the story. The article examines Court’s approach both to the horizontal effect of the Human Rights Act 1998 and the development of the new privacy action. Douglas v … magazine has been resolved by the House of Lords in favour of the publisher of the authorised wedding pictures, OK! Douglas v Hello! Weddings are confidential, despite guests being included ‘Hello! magazine published six paparazzi photographs of the … The Hello! delivers a mixed message. There was a breach of confidence, >£1,000,000 awarded to OK! contracted for the exclusive right to publish photographs of a celebrity wedding at which all other photography would be forbidden. The two were separate torts, each with its own conditions for liability. 3) [2005] EWCA Civ 595. Case Summary Abstract. published photographs which it knewto have been surreptitiously taken by an unauthorised photographer pretending to be 1), an injunction was disallowed by the Court of Appeal; Issue. OK! Ltd [2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. An individual who consents to the invasion of his / her privacy cannot late succeed in a claim for privacy (Bradley v Wingnut Films Ltd) includes selling privacy also (Douglas v Hello!). Court: House of Lords. Douglas and others v Hello! Douglas v Hello! Magazine; Reasoning. Helpful? Douglas v Hello! Magazine claimed for breach of confidence, invasion of privacy, breach of the Data Protection Act 1998 and intention to damage and conspiracy to injure. Unformatted text preview: Douglas v Hello! 0 0. DOUGLAS V HELLO! Magazine and the Douglases were successful in claiming for breach of confidence against Hello! The Douglases were a celebrity couple who sold exclusive photography rights of their wedding to OK! (2003) In Douglas v Hello! This article considers the reasoning and likely impact of the English Court of Appeal decision of Douglas v Hello!. The appeal was allowed on the basis that the Douglases and OK! The rival magazine Hello! DOUGLAS v HELLO! magazine has … Abstract. INTRODUCTION Six and a half years after the wedding of Michael Douglas and Catherine Zeta Jones, the legal dispute surrounding the publication of unauthorised photographs of their wedding by Hello! We also stock notes on Commercial Remedies BCL as well as BCL Law Notes generally. Douglas TV provides a broad range of services, including the installation of new television systems and the servicing existing customer installations. Douglas v Hello Ltd (N o 3) In Douglas v Hello! Michael Douglas and Catherine Zeta-Jones and OK! DRAWING A LINE FOR THE PAPARAZZI. : The Court of Appeal has its say. Douglas & Ors v Hello Ltd. & Ors. Magazine, a rival competitor. for £1m in order to retain control over the media and their privacy. Share. And the Douglases sued for damages. Douglas v Hello! in the House of Lords OK! OK! The Judge has held that Hello! Seminar 6 douglas v hello. Douglas v Hello! OK! Everyone will recall the glamorous couple Michael Douglas and Catherine Zeta-Jones, more used to red carpets than courtrooms, fighting for their privacy over wedding photos sold to Hello! Douglas v Hello! media seminar. In Douglas v. Hello! In Douglas v Hello! Create. There was a breach of confidence, >£1,000,000 awarded to OK! magazine, had entered into agreement whereby OK! Ltd [2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. DOUGLAS v HELLO! Thus, even though OK! Appeal from – Douglas and others v Hello! 2 The complex factual and procedural history of this matter is fully and clearly set out in paragraphs 1 to 179 of Lindsay J's judgment on liability, which is reported as Douglas v Hello! An aspect of the House of Lords' reasoning in Douglas v Hello that has caused controversy is that they held . Paul Stanley (Instructed by S J Berwin LLP) Mainstream Properties Ltd v Young and others and another. a) That an interloper could be under a duty of confidence b) That photographs could contain confidential information Law by area (M100) Academic year. 241 for OK!. Background to Douglas v Hello! Ltd (No.8) (HL) Reference: [2007] UKHL 21; [2008] 1 AC 1; [2007] 2 WLR 920; [2007] 4 AllER 545; [2007] EMLR 325; (2007) BusLR 1600; (2007) IRLR 608; (2007) 30 (6) IPD 30037; (2007) 19 EG 165 (CS); The Times, 4 May 2007. magazine and the Douglases were successful in claiming for breach of confidence against Hello! for £1m … The rival magazine Hello! In Douglas v Hello (No. Douglas v Hello! The rival magazine Hello! The House of Lords agreed in a 3-2 judgment that the photographs of the wedding were confidential, that there were circumstances of confidence and that publication of the photographs had been to the detriment of OK magazine. Ltd [2001] 2 WLR 992 Court of Appeal Brooke, Sedley and Keene LJJ . magazine, the third Claimants, by which OK! View on Westlaw or start a FREE TRIAL today, Douglas v Hello! Hello! We also specialise in tv wall mounting installations. for some: Douglas v Hello! [2] However the only successful claims were for breach of confidence and for the breach of the Data Protection Act. An unauthorised freelance photographer gained access to the wedding and sold pictures to Hello! The High Court granted an injunction but this was reversed by the Court of Appeal. for some: Douglas v Hello! Whether OK! It is not obvious why a claimant should be able to … magazine which would give the company exclusivity over their wedding which took place in 2000 at the Plaza Hotel in New York. The long running battle over the publication of Michael Douglas and Catherine Zeta Jones’ wedding photographs has reached the Court of Appeal, which handed down judgment on Wednesday on the various appeals before it. have all three won their case against Hello!. - Case Watch Law Articles and News - Lawdit Reading Room", 2007 UKHL 21 House of Lords appeal of the 2005 EWCA CIV 106 judgment, https://en.wikipedia.org/w/index.php?title=Douglas_v_Hello!_Ltd&oldid=957129672, Creative Commons Attribution-ShareAlike License. Ltd - COVID-19 update: ... Michael Douglas and Catherine Zeta-Jones, the first and second Claimants, entered into an agreement with OK! The recent Court of Appeal decision in the long-running case involving paparazzi type photographs taken at the wedding of Catherine Zeta-Jones and Michael Douglas has potentially significant implications for publishers' rights over exclusive stories. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The statement in Douglas and others v Hello! LTD (NO 3) [2003] 3 ALL ER 996. Venebles & Thompson v News Group Newspapers – another high profile case involving individuals asserting their rights under Article 8 and a newspaper company asserting its right under Article 10. According to the deal the couple were to approve the selection of photographs used by OK! Ltd (N o 3), the Hollywood stars Michael Douglas and Catherine Zeta-Jones sold the publisher of OK! In Douglas v Hello (No. In Douglas v Hello No 1 [2001] 2 WLR 992 the Douglases attempted to gain an injunction to prevent the publication of unauthorized photographs. John Randall QC . for some: Douglas v Hello! No 2 [2003] EWHC 786 (Ch) OK! *You can also browse our support articles here >. Ltd (No. in the House of Lords A. Douglas v Hello! 30th Dec 2020 The full text of this article hosted at iucr.org is unavailable due to technical difficulties. Magazine; Reasoning. Background to Douglas v Hello! Ltd the magazine OK! Registered Data Controller No: Z1821391. magazine the exclusive right to publish photographs of their wedding. SA, and their proprietor Eduardo Sanchez Junco.[5]. The couple sold exclusive rights of their wedding to OK! SA, and their proprietor Eduardo Sanchez Junco. Please sign in or register to post comments. Douglas v Hello! Richard Slowe . Lumley v Gye (1853) 2 E & B 216 was distinguished, holding that there had been a confusion of the law where causing loss by unlawful means warranted an extension of tort for inducing a breach. Make social videos in an instant: use custom templates to tell the right story for your business. Everyone will recall the glamorous couple Michael Douglas and Catherine Zeta-Jones, more used to red carpets than courtrooms, fighting for their privacy over wedding photos sold to Hello! Judge: Lord Hoffmann, Lord Nicholls of Birkenhead, Lord Walker of Gestingthorpe, Baroness … Facts: The Douglases were a celebrity couple who sold exclusive photography rights of their wedding to OK! magazine has … Magazine. Take a look at some weird laws from around the world! Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Michael Douglas and Catherine Zeta-Jones and OK! magazine the exclusive right to publish photographs of their wedding. SUMMARY OF JUDGMENT PREPARED FOR CLAIMANTS Michael Douglas, Catherine Zeta-Jones and OK! "), the publishers of Hello! In November 2000 Hello! in the House of Lords ...Show full title ... Reflections on WM Morrison Supermarkets v Various Claimants Douglas Brodie Published in Edinburgh Law Review 24.3. Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. for some: Douglas v Hello! The Judge (Lindsay J) upheld the Douglases claim to confidence. The article examines Court’s approach both to the horizontal effect of the Human Rights Act 1998 and the development of the new privacy action. for some: Douglas v Hello! had an exclusive right to publish. It, and other dicta in the case, make Douglas the first Why not see if you can find something useful? were given exclusive rights to publish photographs of the Douglas-Zeta-Jones wedding. We shall limit ourselves to the essential facts necessary to determine the issues raised before us. Douglas v Hello! Douglas v Hello Ltd (N o 3) In Douglas v Hello! Ltd. as the company producing Hello!, its Spanish mother Hola! magazine for breach of confidence. Michael Douglas and Catherine Zeta-Jones agreed a deal with OK! Make social videos in an instant: use custom templates to tell the right story for your business. Ltd. Richard Millett QC . has resulted in a split (some might say fractured) decision. The statement in Douglas and others v Hello! (See OBG Ltd v Allan). (b) In Douglas v Hello! Magazine and the Douglases had a right to commercial confidence over the wedding photos that were published in the public domain. Douglas V. Hello! Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. have all three won their case against Hello!. Ltd. as the company producing Hello!, its Spanish mother Hola! LTD [2003] EWHC 2629 (CH) Craig Collins. In Douglas v Hello! John Randall QC . The Douglases and OK! Ltd that 'we have reached a point at which it can be said with confidence that the law recognises and will appropriately protect a right of personal privacy'2 must be one of the most long-awaited passages in the English common law. This photographer then sold the images to Hello magazine which had earlier attempted to bid for the photographs. Six and a half years after the wedding of Michael Douglas and Catherine Zeta Jones, the legal dispute surrounding the publication of unauthorised photographs of their wedding by Hello!magazine has been resolved by the House of Lords in favour of the publisher of the authorised wedding pictures, OK!magazine.1The 3-2 division2 for some: Douglas v Hello! Weddings are confidential, despite guests being included ‘Hello! Company Registration No: 4964706. The House of Lords decision in the case of Douglas v Hello! Magazine being awarded £1,033,156. Could Douglas claim for a ‘breach of confidence’ by Hello magazine; Decision. for £1m with a view to retaining control over the media and their privacy. The case resulted in OK! Only one photographer was allowed in, but a freelancer managed to sneak in and sell the photos to a competitor. Michael Douglas v Hello. Douglas v Hello [2008] 1 AC 1 Case summary last updated at 02/02/2020 14:52 by the Oxbridge Notes in-house law team. Magazine. : The Court of Appeal has its say. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The couple sold exclusive rights of their wedding to OK! for some: Douglas v Hello! defendants were found liable in the sum of £1,047,756. University. Ltd. Richard Millett QC . This right was deliberately interfered with. Michael Douglas and Catherine Zeta-Jones agreed a deal with OK! magazine, appeal against awards of damages made by Lindsay J in favour of Mr Michael Douglas and his wife Ms Catherine Zeta-Jones ("the Douglases"), and Northern & … Douglas and another and others v. Hello! Magazine being awarded £1,033,156. in the House of Lords Share. Outwitting the strict security measures in force on the day, a photographer snatched some photographs of the happy couple, which then appeared splashed across the pages of Hello!, spoiling the exclusive story promised to OK! have won on the issue of breach of confidence, with Lord Hoffmann taking the majority 3:2 view on the issue, restoring the earlier High Court judgment, saying: “In my opinion Lindsay J was right. Douglas v Hello! The photographs had a commercial value and therefore demonstrated the need for confidentiality. In Douglas v Hello!, the Douglases and OK Magazine won their case against the publishers of Hello! 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