D v L: CA 31 Jul 2003

L and D lived together. Fearing the breakdown of the relationship, L used a voice activated recorder to record their conversations. D sought an order to restrain their publication after elements appeared in national newspapers. The court also considered the particular status of improperly taken photographs.
Held: Walker LJ said: ‘A court may restrain the publication of an improperly obtained photograph even if the taker is free to describe the information which the photographer provides or even if the information revealed by the photograph is in the public domain. It is no answer to the claim to restrain the publication of an improperly obtained photograph that the information portrayed by the photograph is already available in the public domain.’
Waller LJ, Phillips of Worth Matravers LJ MR, carnwath LJ
[2004] EMLR 1, [2003] EWCA Civ 1169
England and Wales
Cited by:
CitedDouglas 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). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .

These lists may be incomplete.
Updated: 03 March 2021; Ref: scu.225462