Cases

Douglas v Hello! Ltd (No.6)

Comment

The concept of "notional licence fee" will not always be relevant or helpful in more traditional "privacy" claims. In this case, the Judge found it unnecessary to decide whether a notional licence fee was in principle available as a remedy. Where the Claimant never wanted any of his/her private information published at all, it is hardly appropriate to use a notional licence fee. This concept, taken from intellectual property cases, is usually more relevant to commercial confidence claims. Where, however, the Defendant has paid the source for his/her betrayal (in the typical kiss 'n' tell story) the notional licence fee may lead to a Claimant having a substantial claim using this basis of assessment.

Areas of work

Data Protection
Human Rights
Media Law
Privacy and Confidence

Also