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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Weller & Ors v Associated Newspapers Ltd  EWHC 1163 (QB) (16 April 2014)
Cite as:  EWHC 1163 (QB),  EMLR 24
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| (1) Dylan Weller
(2) John Paul Weller
(3) Bowie Weller
(Acting by their Litigation Friend, Paul Weller)
|- and -
|Associated Newspapers Limited
Antony White QC and Catrin Evans (instructed by the Editorial Legal Department of Associated Newspapers Limited) for the Defendant
Hearing dates: 24th, 25th, 26th and 27th March 2014
Crown Copyright ©
Mr Justice Dingemans :
The article and the photographs
"A family day out… Paul Weller takes wife Hannah and his twin sons out for a spot of shopping in the hot LA sun"
By Joel Cooper
"They may not be the most conventional family – with 54-year-old father Paul Weller, 26-year-old mother Hannah Andrews and their adorable eight-month-old twin sons.
But they certainly looked like a perfect family as they went for a stroll in the hot LA sun last Tuesday.
The former Jam front man looked totally relaxed as he looked after his family while they spent their day together"
The first and second photographs were shown. The caption to the first photograph read: "Family time: Paul Weller, his wife Hannah and their two sons were spending time together in LA on Tuesday." The caption the second photograph read: "Legendary singer: The musical family looked serious as they went to hit the shops in LA."
"The happy couple looked content as they took their two boys – John Paul and Bowie, for a tranquil day of shopping, stopping off at a café to cool off along the way.
Paul and Hannah married just over two years ago on the Italian island of Capri before having twins at the beginning of this year.
The pair both dressed casually for their day out with their sons – with Paul opting for a sports vest, shorts and sandals, while Hannah wore a maroon tank top, skinny black jeans and brown ballet pumps."
The third and fourth photographs were shown. The caption to the third photograph read: "New shoes? Paul, Hannah, John Paul and Bowie went into a number of stores to have a browse." The caption to the fourth photograph: "Or a handbag? The original Modfather still managed to look effortlessly cool as he hung out in the handbag shop."
"The young boys were dressed in colourful T-shirts and shorts, with both parents alternating who would carry their son.
The couple bought a record player and decided to place it in one of the baby's strollers while they carried their son in their arms instead.
The singer moved in with Andrews, who was backing singer on his 22 Dreams album, following the collapse of his relationship with Samantha Stock in October 2008."
The fifth and sixth photographs were shown. The caption to the fifth photograph read: "Coffee break: The family stopped off in the shade to grab a quick drink during their travels around the town." The caption to the sixth photograph read: "Style Fail? The style Council singer wore a strange pair of sunglasses as he hung out with his family for the day."
"Weller had two children with Samantha, as well as a daughter named Dylan, who was conceived during a short relationship with a makeup artist named Lucy.
Weller's two older children, Leah and Natt, were born during his marriage to Dee C. Lee, who was backing singer in his second band, The Style Council.
The pair married back in 1987 but divorced 11 years later, but Weller is regularly spotted out and about with his children and is clearly still very close to them."
The seventh photograph was shown. The caption read: "Getting their shop on: The couple bought a record player and decided it'd be easier to carry their son and wheel the large box back to their car."
Relevant principles of law
Known or ought to be known
The effect of the law of the location at which the photographs were taken
The second question and the ultimate balancing test
Article 8 and photographs
Article 8 and the public place
Article 8 and previous publications
The importance of the freedom of the press
The public interest in a thriving and vigorous newspaper industry
The best interests of children
Paul Weller's interviews
Hannah Weller's tweets
Leah's photograph of Bowie
Absence of previous complaints
Reasons for bringing the action
Conclusions on the previous publications, the absence of complaints and reasons for bringing this action
Circumstances in which the photographs became available
Findings about the circumstances in which the information became available to Mail Online and commercial viability
The first test: reasonable expectation of privacy
The attributes of the Claimants
The nature of the activity in which the claimants were engaged
The place at which it was happening
The absence of consent and whether it was known or could be inferred
The effect on the claimant
The circumstances in which and the purposes for which the information came into the hands of the publisher
Conclusions on whether there was a reasonable expectation of privacy
The second test: the ultimate balancing test
Contribution to a debate of general interest
How well known is the person concerned and what is the subject of the report
Prior conduct of the person concerned
Content, form and consequences of the publication
Circumstances in which the photos were taken
Conclusion on the balancing test
Data Protection Act claim
Relief for the Claimants