Cases

Mosley v News Group Newspapers Ltd (No 3)

Held

Finding for M and awarding him £60,000:

(1)There was no evidence that the sexual role play was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes, nor was it in fact. Though the sexual activities were unconventional there was no public interest or other justification for the clandestine recording, for the publication of the footage and images or for the placing of the video extracts on the NOTW website.

(2) There was no authority to support extending the application of exemplary damages into this field or to include an additional element specifically directed towards deterrence. Further, the claim for exemplary damages would fail both the tests of necessity and proportionality and on the facts.

Also