SENIOR COURTS COSTS OFFICE
Strand, London, WC1A 2LL
B e f o r e :
| (1) LARA STONE
(2) DAVID WILLIAMS
(known as David Walliams)
|- and -
|FLYNET PICTURES UK LIMITED
Mr Michael Tyler (instructed by Kingsley Napley) for the Defendant
Hearing date: 19th December 2016
Crown Copyright ©
Master Gordon-Saker :
… a photographic agency. It arranges for photographs to be taken of persons of interest to the media when they are going about their daily lives. Furthermore it buys or licenses or helps third parties buy or license such photographs from photographers which it then sells to newspapers and magazines.
3.1 The Second Defendant's principal business is in selling and licensing photographs. Around 75% of this work is arranged with PR agencies and celebrity agents. The latter regularly inform the Second Defendant of where a celebrity will be or where an event is taking place, with the intention that the Second Defendant sends one or more photographers to attend and take photographs.
3.2 The Second Defendant will react to major news stories by sending photographers to locations where it believes newsworthy photographs may be taken, but when doing so it does not follow individuals or place them under surveillance.
3.4 The Second Defendant's photographers do not attempt to ask questions or otherwise obtain information from the subject of their photographs. They are solely there to take photographs.
3.5 The Second Defendant also works with investigative journalists: projects on which the Second Defendant has worked include those relating to illegal immigrants, the London riots and benefit fraud.
3.6 The Second Defendant does not "buy" photographs. It does, in appropriate circumstances, assist freelance photographers in selling their own photographs.
3.7 In addition to the photography work the Second Defendant also provides video content, including live broadcasts, to a variety of clients including Yahoo! and other major US websites.
The court, whether at a detailed assessment or otherwise, shall determine whether the Claimants ought to pay the Second Defendant a success fee and an amount regarding the cost of its insurance policy.
A costs order made in any proceedings may, subject in the case of court proceedings to rules of court, include provision requiring the payment of any fees payable under a conditional fee agreement (including one which provides for a success fee).
A costs order made in proceedings may not include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.
"publication and privacy proceedings" means proceedings for – (a) defamation;
(b) malicious falsehood;
(c) breach of confidence involving publication to the general public;
(d) misuse of private information; or
(e) harassment, where the defendant is a news publisher.
"news publisher" means a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs;
Where in any proceedings a costs order is made in favour of any party who has taken out an insurance policy against the risk of incurring a liability in those proceedings, the costs payable to him may, subject in the case of court proceedings to rules of court, include costs in respect of the premium of the policy.
A costs order made in favour of a party to proceedings who has taken out a costs insurance policy may not include provision requiring the payment of an amount in respect of all or part of the premium of the policy, unless such provision is permitted by regulations under subsection (2).
Are these proceedings for harassment where the defendant is a news publisher?
Was the Second Defendant a news publisher?