Right of privacy – Hugh Grant and The Sun

Celebrities have always had to navigate between the repercussions of being famous and their right to privacy. In particular, it is no mystery that celebrities often have disputes with newspapers in respect of articles they have published, or how they have obtained information.

British actor Hugh Grant has recently been involved in a privacy case in which he accused the publisher of The Sun, News Group Newspapers (NGN), of unlawful information gathering.

The actor has accused the publisher of various offences, such as phone hacking, landline tapping, bugging his phone and burgling his flat and office. His case was due to be heard next year at London’s High Court in January 2025 alongside Prince Harry and others. The actor, along with many others, were suing NGN for alleged widespread unlawful information gathering.

Hugh Grant has always been an important campaigner on press reform since the phone-hacking scandal emerged over a decade ago. Although the actor wanted to see this case go through to court, he was advised by his lawyers to accept the publisher’s settlement offer. This case was therefore settled “without admission of liability” and for an “enormous amount of money”.

The actor stated that he “would love to see all the allegations that they deny tested in court” and was ready to go all the way through to the hearing next year. Nevertheless, he was advised that he risked being liable for £10 million in legal costs if the case proceeded to trial.

The rules of civil litigation set out that the losing party of a case usually pays the winner’s costs. However, this could all change when it comes to settlement as if the damages awarded to a successful claimant are less than the settlement amount offered by the defendant, the claimant may have to pay the legal costs for all sides after the offer was made. The actor was therefore advised that, should this case go to trial, he would risk being liable for millions.

The European Convention on Human Rights provides for a right to privacy under Article 8, which undeniably needs to be balanced against the right to freedom of expression under Article 10 of the Convention. These rights are constantly argued and relied on in cases between celebrities and newspapers, especially since there are no statues or case law covering these issues in the UK. It is very important for individuals (and even businesses) to take independent legal advice on Intellectual Property Rights.

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk