Former England captain Rio Ferdinand fails in privacy bid

Sep 29, 2011, 16:05 GMT

London - Former England football captain Rio Ferdinand suffered a smarting legal defeat Thursday in his bid to obtain damages and a gagging order on the 'kiss and tell' revelations of an ex-girlfriend.

A judge at the High Court in London dismissed Ferdinand's case for 'misuse of private information' against Mirror Group Newspapers (MNG) following the publication of an article in the Sunday Mirror in April, 2010.

Defence lawyers for the 32-year-old England and Manchester United centre back announced an immediate appeal. Legal analysts described the ruling as 'surprising,' as it went against the current trend to grant claimants greater protection of privacy.

In a number of high-profile cases, including that of Max Mosley, the former motor racing boss, courts have recently ruled in favour of claimants contesting the position of publishers and the tabloid media that aspects of the private lives of celebrities were 'in the public interest.'

Ferdinand, who was not present at the hearing, had asked for a maximum of 50,000 pounds (78,000 dollars) damages and a worldwide gagging order for the article in which Carly Storey gave her account of her 13-year relationship with the footballer.

Ferdinand, who is married with three children, had described the article - entitled 'My affair with England captain Rio' - as a 'gross invasion' of his privacy and said he had not seen Storey for six years when it appeared.

However, judge Andrew Nicol saw things differently. 'Overall, in my judgment, the balancing exercise favours the defendant's right of freedom of expression over the claimant's right of privacy,' he ruled.

Sunday Mirror editor Tina Weaver said the paper was 'very pleased' that the court had rejected Ferdinand's privacy claim.

'The judge found that there was a justified public interest in reporting the off-pitch behaviour of the then England captain and discussion of his suitability for such an important and ambassadorial role representing the country.'

'There has never been greater scrutiny of the media than now, and we applaud this ruling in recognizing the important role a free press has to play in a democratic society.'