MGN Limited v United Kingdom: ECHR 24 Oct 2008

The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee.
Held: The court asked the parties to present arguments as to whether there had been a breach of the duty of confidentiality and as to whether the amount of costs was a disproportionate interference with the claimant’s right of free expression.

39401/04, [2008] ECHR 1255, [2011] ECHR 919, [2012] ECHR 993
Bailii, Bailii, Bailii
European Convention on Human Rights 10, Data Protection Act 1998, Human Rights Act 1998 12(4), Courts and Legal Services Act 1990 58A
Human Rights
At First InstanceCampbell v Mirror Group Newspapers Ltd QBD 27-Mar-2002
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been . .
At Court of AppealCampbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
At House of LordsCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedCampbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .

Cited by:
See AlsoMGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
CitedCoventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Information

Updated: 31 October 2021; Ref: scu.277623