DWF has advised South Yorkshire Police (SYP) on its involvement in the long-running High Court privacy wrangle between Sir Cliff Richard and the BBC, which yesterday (18 July) saw the veteran pop singer awarded damages of £210,000.

The case stemmed from the BBC's coverage of a SYP raid on the singer's home in 2014 following allegations of an historic sex offence, which included helicopter-filmed footage.

The High Court heard that, in July of that year, SYP gave a BBC reporter advance notice of its intention to search Sir Cliff's home. 

Judging the BBC's report as amounting to "a very serious invasion of privacy rights, which had a very adverse effect on an individual", Mr Justice Mann awarded the Living Doll singer initial damages of £190,000 in addition to £20,000 in aggravated damages.

SYP had admitted liability before the trial and agreed to pay the singer damages of £400,000 plus costs, although the BBC had continued to contest the case.

Though SYP's liability was not the subject of the trial, the question was whether the force was entitled to claim a contribution from the BBC (and vice versa) for liability of the total £210,000 sum.

DWF instructed Jason Beer QC and Adam Wolanski at 5 Essex Court, who argued that, in light of its greater role in the wrongdoing, the BBC should shoulder 80% of the liability for the total £210,000 damages sum, whereas SYP would cover the remaining 20%.

Though the BBC argued that SYP should cover the total sum, the police force was ordered to contribute 35% of initial damages – £66,500 – with the BBC responsible for the remaining 65%.

Sir Cliff – advised by specialist media firm Simkins – successfully argued that both the BBC and SYP violated his rights in both common law privacy and under the Data Protection Act 1998.

Meanwhile, the BBC, advised by its own litigation department alongside barristers Gavin Millar QC of Matrix Chambers and Aidan Eardley of One Brick Court, failed to convince the court that its actions were justified under rights of freedom of expression and of the press.

DWF's team was led by partner and head of police and prison law, Rachel Jones, who has a track record for acting in headline-making police matters – including a Court of Appeal case concerning the unlawful use of physical control techniques on children detained in secure training centres. 

Photo credit: Eva Rinaldi