In a case that marks new firsts – such as an eight million pound legal bill – their Lordships today handed down an odd trilogy of cases [1] concerning claims in tort for economic loss caused by intentional acts. The three cases involve five different alleged wrongs, raising possible causes of action for economic loss: inducing breach of contract (Mainstream), causing loss by unlawful means (Zeta-Jones) interference with contractual relations (OBG); breach of confidence (Zeta-Jones) and conversion (OBG). Lord Hoffmann’s speech is a tour de force – as one would expect.
For the media the central case is the last act in the Zeta-Jones wedding pictures dispute [2]. Hello! magazine breached confidentiality by publishing secretly snapped pictures of the couple’s November 2000 celebration. Douglas and Zeta-Jones had signed an exclusive 1-million-pound deal with rival OK! to cover their lavish wedding at New York’s Plaza Hotel [3].
“Having paid 1 million pounds for an exclusive right it seems to me that OK! ought to be in a position to protect that right and to look to the law for redress were a third party intentionally to destroy it,” said one of the judges, Lord Brown. The judges ruled in favor of OK! by a 3-2 margin.
The Zeta-Jones case is here [4].
For my earlier thoughts on that case see Zapping the Paparazzi [5]
I would normally link to an image of Ms. Zeta-Jones, but given the subject of the lawsuit, no unauthorized use of images here.