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Jagger's girl wins ban on CCTV pictures By Matt Born |
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Elizabeth Jagger and Calum Best had a "legitimate expectation of privacy" when they enjoyed
an amorous encounter just inside the front door of a West End nightclub, a High
Court judge said yesterday. Mr Justice Bell made the ruling after granting Miss
Jagger a temporary injunction preventing further publication of CCTV
footage of the couple's antics at Kabaret's Prophecy club last month.
Elizabeth
Jagger Elizabeth Jagger had a 'legitimate expectation of privacy' The 20-year-old
daughter of Mick Jagger brought the case after still pictures taken from a CCTV
camera were published in a tabloid newspaper. The judge said Miss Jagger,
a model, and her boyfriend, the son of the former footballer George Best, were
unaware they were being filmed by a security camera when they "engaged in sexual
activities" at the club at 4am on Feb 17. He conceded that someone passing close
to where they were could have seen what was going on, but said they could not
otherwise be seen. As a result Miss Jagger had a "legitimate expectation of privacy",
he added. "Although the claimant may be said to be guilty of misconduct in a most
general sense, she was not in my view on the present information guilty of such
moral turpitude as to prevent her seeking her remedy from the court," he said.
The News of the World claimed in its report that the couple's encounter lasted
11 minutes and was interrupted three times by passers-by. It said the incident
happened "just inside the front door of the club - in full view of doormen and
staff". Neither Miss Jagger nor Mr Best were at the High Court for the hearing
against John Darling, the manager of Kabaret's Prophecy. Granting the injunction,
Mr Justice Bell said the balance between Miss Jagger's right to privacy and Mr
Darling's right to freedom of expression - on the present evidence - fell firmly
in favour of restricting publication. James Price, QC, for Miss Jagger, told the
judge: "There's a very strong case in privacy here." The judge said Miss Jagger
was particularly anxious that the footage should not get on to the world wide
web where publication would be almost impossible to stop. "I can see no legitimate
public interest in further dissemination of the images, which could serve only
to humiliate the claimant for the prurient interest of others," he added. from
Telegraph News |