Personal Injury vs Personal Privacy
The publisher of the Daily and Sunday Mirror – Trinity Mirror – has had its appeal to reduce phone-hacking payouts totalling £1.2million rejected by the court of appeal.
With more than 100 other alleged victims of the phone-hacking scandal, Trinity Mirror may also face even more huge payouts in the future.
A Challenge to Compensation
Trinity Mirror has argued that the basis for calculating the award of damages was not correct for the case at hand – suggesting it was grossly excessive and disproportionate in comparison to the awards made for serious physical injury.
There have been some settlements made outside of court, with payouts remaining in the low tens of thousands of pounds – but the recent awards made by the court have been some of the largest to date; ranging from £72,500 to £260,250.
Lady Justice Arden completely dismissed the appeal to overturn the award of damages to 8 victims, including £260,250 to actress Sadie Frost, stating that:"The assessment of general damages is not an exact science... [but] the circulation of the private information was to a very large number of persons and touched on the most intimate part of the lives of some of the respondents. It understandably caused great distress."
The earlier judgement of Mr Justice Mann was duly upheld.
Phillip Gower comments: "This is a very interesting decision from the Court of Appeal which is likely to set a precedent for future damages awards. It is a clear indication that the right to privacy is valid and important in this digital age."
Personal Injury Worries?
Whilst the judgment by Lady Justice Arden is appropriate, the comparison between breach of privacy and personal injury claims by Trinity Mirror highlights the disparity between the breach of privacy compensation and personal injury compensation.If you're claiming for a personal injury, Simpson Millar's expert team of Personal Injury lawyers can help you to claim compensation. Approaching every case individually, we will give you the straight forward and jargon free advice that you need.