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Sienna Miller wins High Court action over nude photos
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17 January 2008
The 26-year-old Layer Cake star had sought default judgment and a permanent injunction against Warren Richardson, who snapped her while filming Hippie Hippie Shake, a movie about Oz editor Richard Neville, on a private estate in Surrey.
She has already settled her case against News Group Newspapers and Xposure Photo Agency, who paid her a total of £37,500 damages and gave an undertaking not to use the photos again.
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Sienna Miller, who is dating fellow actor Rhys Ifans, was snapped while filming Hippie Hippie Shake
Her counsel, David Sherborne, told Mr Justice Eady in London that the actress, who is currently abroad, was "extremely distressed" by the incident on the closed set.
The "highly intrusive" pictures of Miss Miller removing her clothes and entering a lake were taken without her consent using a long lens and provided to Xposure by Mr Richardson.
He argued that there was no possible defence to the claim for invasion of privacy and breach of confidence.
The photos were plainly private and confidential and Miss Miller had a reasonable expectation that her privacy would not be blatantly flouted.
"Her distress was further aggravated, not only by the flagrant disregard of her rights, but the context in which the photos were taken - the constant climate of harassment and intrusiveness which she has had to suffer, particularly from the paparazzi in frightening and relentless attempts to get photos of her, exceeding what could possibly be expected to be tolerated, even given her high profile as an actress."
Counsel said that Mr Richardson had refused to give his postal address and had failed to comply with an earlier order to deliver up the photos.
Mr Richardson, representing himself, said he would agree not to use the photos. He said he worked for Xposure for a small percentage and was obliged to give them his pictures, although he had no power over their sale.
The judge said that, under the circumstances, it was "entirely appropriate" to make the orders sought. Any damages will be assessed at a later date.
Mr Richardson was ordered to pay the costs of the hearing within four months. The film, in which the actress plays Neville's girlfriend, Louise Ferrier, is due for release this year.
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