Facts
- Michael Douglas and Catherine Zeta-Jones agreed with ‘OK! Magazine’ that their wedding photography would be done exclusively by them, subject to their approval of any photos
- A freelance photographer took photos at the wedding, then sold his photos to ‘Hello! Magazine’, who subsequently published them
- In Douglas v Hello (No. 1), an injunction was disallowed by the Court of Appeal
Issue
- Could Douglas claim for a ‘breach of confidence’ by Hello magazine
Decision
- There was a breach of confidence, >£1,000,000 awarded to OK! Magazine
Reasoning
- Weddings are confidential, despite guests being included
- ‘Hello! Magazine”s publication was to ‘OK Magazine”s detriment
Citation
[2005] EWCA Civ 595