Ewan McGregor Wins Privacy Judgment to Protect Children

The paparazzo photographer squinted through the lens and zoomed in on Scottish actor Ewan McGregor enjoying a holiday with his children on a private beach in Mauritius.

By clicking the shutter and transmitting the snatched pictures, the photographer, who was crouching in a boat some distance from the hotel's private beach, unleashed a legal action 6000 miles away in the UK.

Mr McGregor, who in 2001 had asked picture editors not to publish pictures of his children, was outraged when he discovered that photographs of them had appeared in British tabloids in December 2002.

Court proceedings were issued against the photographic agency, Eliot Press S.A.R.L, and another agency, Fraser-Woodward, as well as against Jason Fraser, a well-known celebrity photographer.

In November this year, Mr Justice Eady granted judgment in default against Eliot Press, granting an injunction to prevent it from re-publishing the photographs, or similar photographs of the children.

The judge also directed an assessment of damages for breach of confidence, damages (if appropriate) for invasion of privacy, and compensation under the Data Protection Act. The action against Jason Fraser and Fraser-Woodward Ltd is continuing.

Mark Thomson of Carter-Ruck, who advised the claimants in this matter, sees some evidence that the courts are increasingly moving further to protect privacy.

In a recent article in the New Law Journal, he pointed out that in the 2003 case of A v B plc, the Court of Appeal was prepared to accept that no pre-existing confidential relationship between the parties was required to bring an action for breach of confidence.

He wrote: "The broad extension of the circumstances in which a duty of confidence can arise remains to be worked out in the case law. Nevertheless, it has been recognised by the Court of Appeal in D v L [2003] EWCA Civ 1169 that the publication of a covert tape recording of a private conversation involves a breach of confidence, and publication of a tape or photograph may also be more intrusive than the publication of the information which it contains."

Get Carter-Ruck
December 2003/January 2004