What does this cover?

On 7 August, the Court of Appeal granted the defendant, MGN Ltd permission to appeal the High Court judgment in Gulati v MGN. The appeal is made on four grounds in relation to the assessment of damages. The hearing in the Court of Appeal is scheduled to be heard by 4 April 2016.

Gulati sealed its reputation as a landmark case when the High Court awarded 8 claimants damages for the combined sum of £1.2million for breaches of privacy arising from phone-hacking. The case is exceptional not only because the sum awarded was extraordinarily high for a breach of privacy award, but also and relatedly, the judge held that "compensation [could] be given for things other than distress, and in particular can be given for the commission of the wrong itself so far as that commission impacts on the values protected by the right."

The Defendant, MGN Limited, appealed the High Court ruling on grounds revolving around the argument that the compensation awarded for invasion of privacy was too high. If the MGN's appeal fails this could signify a huge shift in the calculation of awards in privacy cases.

To view the full High Court judgment, please click here.

What action could be taken to manage risks that may arise from this development?

None - for interest only.