Liz Hurley seeks profit share instead of libel damages

More details have emerged of Liz Hurley’s battle with photographic agencies Big Pictures and Eliot Press.

Hurley has joined forces with her former boyfriend Hugh Grant and her new husband Arun Nayar to sue the two companies for damages of up to £100,000.

All three are seeking damages, including aggravated and exemplary damages, for breach of confidence, infringement of their rights to privacy and misuse of private information.

The claim centres on pictures of the three taken without their consent while they shared a holiday in the Maldives between 19 and 27 October last year, according to a High Court writ.

Judgment in their favour might help towards clarifying the indistinct law on privacy and on photos taken in public places such as beaches.

Hurley, Grant and Nayar are asking the High Court for the option to be paid an account of profits – based on the money made by the picture agencies through their allegedly unlawful actions – rather than damages.

They are also seeking compensation under the Data Protection Act and an injunction banning the two companies from republishing the photographs at the centre of the claim. They are asking for copies of the images to be handed over to them or for all copies to be erased or destroyed.

Further evidence of the closeness between the three comes as they choose to use London-based film company Simian Films as their address in court documents, rather than giving their home address, as usually required by the court.

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