Douglas v Hello! Ltd

In Douglas v Hello No 1 [2001] 2 WLR 992 the Douglases attempted to gain an injunction to prevent the publication of unauthorized photographs. The Douglases and OK! Magazine claimed for breach of confidence, invasion of privacy, breach of the Data Protection Act 1998 and intention to damage and conspiracy to injure.[2] However the only successful claims were for breach of confidence and for the breach of the Data Protection Act. The High Court granted an injunction but this was reversed by the Court of Appeal.[4] In the judgment Brooke LJ restated the three requirements for there to have been a breach of confidence.

• There has to be an obligation of confidence;
• It arises only on private occasions;
• The prospective claimants have to make clear that no photographic pictures are to be taken.

Brooke LJ ruled that the couple could not expect privacy at a wedding with 250 guests.

In Douglas v Hello! No 2 [2003] EWHC 786 (Ch) OK! Magazine and the Douglases were successful in claiming for breach of confidence against Hello! Ltd. as the company producing Hello!, its Spanish mother Hola! SA, and their proprietor Eduardo Sanchez Junco.[5]

The Judge (Lindsay J) upheld the Douglases claim to confidence. Hello subsequently appealed to the Court of Appeal. 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.[6] The only way in which OK magazine could recover damages against Hello was through a claim for breach of confidence.

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. (See OBG Ltd v Allan).