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Cox wins High Court injunction on nude honeymoon photos

Legal Affairs Correspondent,Robert Verkaik
Saturday 25 January 2003 01:00 GMT

The Radio 1 DJ Sara Cox has stopped a French picture agency from reprinting nude photographs of her and her husband, taken on their honeymoon in the Seychelles.

Ms Cox won a High Court injunction after the Paris agency Eliot Press failed to comply with English legal procedures relating to the DJ's application. She is still suing The People, where the images of herself and Jon Carter first appeared, and the celebrity photographer Jason Fraser, whose agency sold the pictures.

In her claim, Cox's lawyers are to use the Human Rights Act 1998 to argue breach of privacy. The case is the latest in a line of privacy actions that have combined the common law with human rights legislation to help to protect celebrities' privacy.

Catherine Zeta Jones and Michael Douglas will appear at the High Court in London next week in their claim for millions of pounds against Hello! magazine for publishing unauthorised photos of their wedding. They have already won an Appeal Court ruling in their favour, which is being seen as a landmark judgment in the development of a right to privacy in English law.

A date for Ms Cox's hearing has yet to be set. In yesterday's judgment, the court ordered Eliot to hand over or destroy any remaining images relating to the case in its possession.

Ms Cox was furious at the publication of the pictures and initially complained to the Press Complaints Commission. The People printed an apology, which the commission's former chairman Lord Wakeham accepted as being in line with the spirit of its code of conduct. The paper's former editor Neil Wallis said he had been misled over the circumstances in which the pictures were taken.

But this failed to satisfy Ms Cox. She hired Keith Schilling, the lawyer who represented the supermodel Naomi Campbell in her case against The Mirror after it published pictures of her attending a Narcotics Anonymous meeting.

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