Articles: July, 2008

10 Key Aspects of the Mosley Judgment (or, publish and be damned)

July 25, 2008

1. It’s not a “landmark” decision. Eady J. stressed, in his judgment, that it’s merely the application of existing law to unusual facts. 2. Exemplary, or punitive, damages were not awarded. The judge did not agree that the News of the World had deliberately or recklessly acted unlawfully on the basis that the commercial advantage [...]

The Mosley judgment: existing law applied to unusual facts

July 24, 2008

Perhaps the key paragraph – in terms of the interaction of the law and media – in Mr Justice Eady’s judgment is this one: “It is perhaps worth adding that there is nothing ‘landmark’ about this decision. It is simply the application to rather unusual facts of recently developed but established principles. Nor can it [...]

No exemplary damages in privacy

July 24, 2008

Is the Mosley victory as deadly for the media as might be feared? Perhaps not. While finding fairly and squarely for the Formula One man, Mr Justice Eady refused to award him exemplary, or punitive, damages. The judgment contains much of note on this issue, with Eady J. confirming that punitive damages are “anomalous” in [...]

A wry aside in the Mosley judgment

July 24, 2008

Mr Justice Eady emphasizes, in his written judgment in the Max Mosley case, that it is not a “landmark” decision but rather one which is simply in keeping with existing privacy law. Mosley had “a reasonable expectation of privacy in relation to sexual activities (albeit unconventional) carried on between consenting adults on private property”, says [...]

Mosley victorious

July 24, 2008

Here at Swordplay we suspected Max Mosley would win his claim for infringement of privacy against the News of the World – and we were right. The motor racing boss has emerged victorious, with Mr Justice Eady awarding him £60,000 in damages. This is a key ruling with huge implications for the media; more soon.