Judgment Approved by the court for handing down. Ali & Aslam v Channel 5 Broadcasting Ltd Lord Justice Irwin (delivering the judgment of the Court): Introduction 1. This case concerns a television documentary programme broadcast by the Defendant, one of a series concerned with the work of High Court Enforcement Agents (“HCEAs”), entitled “Can’t Pay? We’ll Take It Away”. The Claimants are husband and wife. Following successful proceedings against them in the County Court, the Claimants were evicted from the house they had rented in Barking, Essex. Part of the programme portrayed that eviction. It included footage which the Claimants alleged (and the judge found) represented an intrusion into their private life, not justified by the public interest, and by legitimate exercise by the broadcasters of their rights of free expression. The Claimants were each awarded damages of £10,000. 2. The Claimants appeal their damages awards. The Defendant cross-appeals the finding of liability. For clarity, we will refer to them as Claimants and Defendant throughout. The Facts 3. The history behind this case and the events of the day are closely analysed in the long and meticulous judgment of Arnold J. We have been able to watch the programme as it was broadcast by the Defendant, as well as watching some of the “rushes” filmed during preparation of the programme, and in addition short pieces of film made and posted on You Tube by the Claimants’ former landlord. The primary facts are not in dispute between the parties. We shall attempt to summarize matters, although the detail of the events, of what was recorded and broadcast, and of the presentation of the material, is important. 4. The Claimants entered into an assured shorthold tenancy of the premises on 1 December 2012. The landlord was a Mr Rashid Ahmed. His son Omar Ahmed clearly managed his father’s affairs to some degree. Both were present at the eviction and Omar played a prominent part in the broadcast events. The Claimants fell behind with their rent, and there came a time when they stopped paying altogether. The agreed rent was £1,325 payable monthly in advance, with interest due on late payment. There was a covenant against sub-letting the property. The First Claimant had been in work but lost his employment, and in March 2015 he injured his left foot, which was in a surgical boot at the time of the filming. He has other significant health problems. 5. After the initial period of six months, the Claimants’ tenancy became a periodic tenancy, continuing on a monthly basis, but on the terms set out in the original tenancy agreement. At some point the Claimants were eligible for and received housing benefit. At least from November 2014, this was paid directly to the landlord, Rashid Ahmed. However, as at June 2015 the housing benefit was said to be only £744.20 per month, leaving a monthly shortfall of £580.80. Other evidence suggested slightly different, but not materially different, figures. 6. The evidence was that the First Claimant stopped paying the full amount of rent in January 2014, although he did not tell his wife about that until the end of that year.