Thursday 29 September 2011

Rio Ferdinand loses High Court case over kiss-and-tell story

The Manchester United   player  Rio Ferdinand accused the Sunday Mirror of misusing private information after it published an interview with interior designer Carly Storey, who was paid £16,000 to disclose details of their relationship.
However, Mr Justice Nicol dismissed the claim, ruling in favour of the newspaper's right to freedom of expression and questioning Ferdinand's suitability for the role of captain.
The married footballer had admitted that on occasions he had sneaked Miss Storey into a hotel where he and other members of his team were staying.
His barrister, Hugh Tomlinson QC, argued that this had not happened, and that he had not tried to meet the girl, after he was made England captain.
But the judge said: "I did not find this answer persuasive. In his evidence the claimant said that (Fabio) Capello had told him to be professional, not only on the pitch but 'around the hotel'.
"In the past, the Claimant (Ferdinand) had not behaved in a professional manner around the hotels into which he had tried to sneak Ms Storey.
"Whether or not he had done that in the few weeks since he had been made the permanent captain of England, his relative recent past failings could legitimately be used to call into question his suitability for the role."
During a three-day hearing in July, the High Court heard that Ferdinand, who has three children with wife Rebecca, had had ten alleged lovers.
Gavin Millar QC, for Mirror Group Newspapers (MGN), said it was in the public interest to run the story about Ferdinand, who replaced John Terry as England captain, before Terry was reinstated by manager Fabio Capello this year.
He said the 32 year-old had been appointed captain on the basis of being reformed and responsible. Yet the article suggested that this was not the case.
"Moreover, once appointed, the claimant had tried to ensure that he would not meet the same fate as John Terry by quietly eradicating Ms Storey from his life," Mr Miller told the court.


He said the case was not really about Ferdinand's privacy but about the effect on the public image he had so painstakingly constructed, and which was without merit.
Sunday Mirror editor Tina Weaver said today in a statement: "The Sunday Mirror is very pleased that the court has rejected Rio 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.


The footballer's lawyers said they were "extremely disappointed" with the decision and would appeal.


Mirror Group Newspapers argued it was in the public interest to run the story about Ferdinand, who replaced John Terry as England captain before Terry was reinstated by manager Fabio Capello this year.


The group's lawyer, Gavin Millar, said Ferdinand was appointed England captain on the basis of being a reformed character and being responsible.


Sunday Mirror editor Tina Weaver said the paper was "very pleased" at the court's decision.


"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," she said in a statement.


"We are pleased the judge ruled that Mr Ferdinand had perpetuated a misleading public image and the Sunday Mirror was entitled to correct this impression."


Ferdinand was not in court for the judgement, but his lawyers, Simons Muirhead and Burton, issued a statement afterwards on his behalf.


"We are extremely disappointed with the court's decision and do not believe that it represents the law as it stands," they said.


"It is our view that these are clearly private matters that ought never to have been published.


"We will be appealing the judgment at the first available opportunity."

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