Judgment Approved by the court for handing down.
Ali & Aslam v Channel 5 Broadcasting Ltd
order, he had been told he would be given two to four weeks
for the bailiffs and it was shocking to be given only one hour to
leave; that he had no other properties; and that he had sworn on
the Quran that he had paid a deposit, but the landlord and the
agents had not sworn on the Quran. Towards the end of this,
Omar Ahmed can be heard interjecting.”
31.
Soon after that, Mr Ali again asked the crew to stop filming. The crew did not do so.
Ali was followed into the downstairs bedroom. In response to questioning, Mr Ali
said they would now be going to the housing department for help. A friend of the
Claimants arrived to help them. At 9:40 the programme showed another argument
between the parties. At 9:42 Mr Ali came out of the property. The ensuing exchange
was in the television broadcast and was filmed by Mr Ahmed. Mr Ali complained
again that he had not been given “any time” and that the Ahmeds had abused him,
abused his wife and “abused my political life as well”. There was a continuing
wrangle, set out by the judge, and exchanges between Ali and Bohill about the
amount of outstanding rent. There was no issue that there was significant rent unpaid.
32.
Mrs Aslam emerged and there was a short further confrontation with Omar Ahmed.
There was insufficient room in the friend’s car for the Claimants and their baggage.
PC Stowers offered to drive Mrs Aslam to the housing office. There was then
broadcast an exchange between Bohill and PC Smith, in which Bohill described the
episode as “terrific television” and said “but it’s a genuine case though���, meaning the
money was owed. It would never be paid. Mr Bohill added “what we need is a bit of
fisticuffs really”. In the background was a further argument between Mr Ali and
Rashid Ahmed, with Omar Ahmed filming. Mr Bohill intervened to stop that. The
parties then left. Afterwards, the HCEAs were filmed in their van, commenting that
the episode was “quite a classic” and making comments favourable to the landlord.
The Judge’s Findings
33.
It was common ground before the court below that the foundation for any such claim
as this must be a reasonable expectation of privacy in respect of the information in
question, so that the Claimant’s rights under Article 8 of the European Convention on
Human Rights were engaged: see Campbell v MGN Ltd [2004] UKHL 22, [2004] 2
AC 457. This is an objective test and the formulation of Lord Hope in Campbell was
quoted by the judge as follows:
“The question is what a reasonable person of ordinary
sensibilities would feel if she was placed in the same position
as the Claimant and faced with the same publicity.”
34.
As the judge noted, the claim was of course confined to the particulars pleaded by the
Claimants in paragraphs 11.4 to 11.14 of the Particulars of Claim, summarised by the
judge (paragraph 143) as consisting of the images of the Claimants, of the property
and of the details of what took place during the eviction. The judge noted that no
complaint was made of broadcasting the fact of the eviction. Some complaints which
were made of matters outside the pleaded case could not be received.
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