Celebrity posting to kick off the autumn season. Middleton v Closer.

Update September 2018. Damages were upheld upon appeal.

As I turn my attention to clearing the blog queue, a light posting to begin with. Kind of light, that is, because for the plaintiffs at issue of course the issue is not at all a laughing matter. I am assuming readers will be somewhat aware of the Duke and Duchess of Cambridge having taken action against ‘Closer’ (more precisely, the publishers, SAS Mondadori), for invasion of privacy after photos appeared of the couple relaxing poolside in a French private residence. The photos were taken with sniper lenses some distance away. Like everyone else, I have not seen the photos.

Following an earlier injunction the couple have now been awarded damages. I have not managed to locate the actual text of either injunction (going back to 2012) or last week’s judgment on the substance of the matter. If any reader can assist, I would be most obliged.

I often use the case in my very introductory class of private international law for it illustrates a wide plethora of conflicts issues: why did the couple decide to sue in France rather than England where it easily would have standing; how do the injunction proceedings in particular illustrate enforcement issues; where do Gleichlauf, forum shopping etc. come in. I will not reveal all the ifs and buts here for it would spoil the fun for future classes. Conflicts buffs will see the attraction of the case for teaching purposes.



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