Unless you have spent the last few days on a desert island, you will be aware that the judgment in the case brought by Michael Douglas and Catherine Zeta-Jones against Hello! has, like their OK! Magazine wedding exclusive, now been widely publicised (Douglas and Others v Hello! And Others [2003] EWHC 786).
Case Comment
The Douglases and the publishers of OK! Magazine won their breach of confidence claim against Hello! for publication of surreptitiously-taken photographs of the Douglases’ New York wedding. One aspect of the case which has received less attention is the fact that the Douglases were also awarded compensation for damage and distress under the Data Protection Act 1998 (the "Act"). The level of damages under the Act is expected to be fixed at a subsequent hearing but is described in the judgment as "nominal".
