News International attempts to block phone-hacking damages case

http://www.guardian.co.uk/media/2012/sep/06/news-international-attempt-block-damages

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News International is trying to have a phone-hacking damages case involving Elle Macpherson's former adviser thrown out of court, 18 months after her claim was launched.

Mary-Ellen Field, who acted as the model's financial adviser, faces a legal battle against the publisher of the now defunct News of the World, with a hearing listed for October.

News International is applying for a summary judgment against Field and will argue for her case to be struck out on the grounds it has no legal merit.

The move comes despite repeated claims by Field, unchallenged in public, that her life was destroyed after her phone was allegedly hacked by the News of the World.

It is believed to be the first time News International has tried to have one of the numerous damages lawsuits relating to phone hacking struck out rather than settled. This could indicate a change in tack by News International parent company News Corporation, which has seen costs relating to the phone-hacking scandal, including legal bills, rise to $224m (£140m).

Field's civil lawsuit for invasion of privacy was originally lodged in March 2011 but is awaiting a full trial date along with at least 50 other cases being managed by the high court judge, Mr Justice Vos.

News International has decided it is going to challenge Field's case on the grounds that there is not enough evidence to substantiate her claims.

News International and Field declined to comment.

In evidence to the Leveson inquiry, Field said her reputation was "trashed" after MacPherson said she had leaked stories to the press.

She recalled how in 2005 the model became concerned that Field was leaking stories to the press, although she denied this. Macpherson then proposed that Field go to rehab to treat an alcohol problem, even though she told the model that she hardly drank. However, Field agreed to go into rehab, believing she would lose her job if she did not.

Lord Justice Leveson, after hearing her evidence, said that "all one can say is that you've correctly described your own position" and that what had happened was "not your fault" and that she was "collateral damage".

Field was one of more than 60 individuals who took legal action against News International last year in the first tranche of cases presided over by Vos at the high court.

Almost all were settled, including claims by actors Jude Law and Steve Coogan, singer Charlotte Church, former deputy prime minister John Prescott, Sara Payne, the mother of murdered schoolgirl Sarah, and Shaun Russell, whose wife and daughter were bludgeoned to death in a country lane in 1996.

Field's case and that of Nicola Phillips, assistant to PR man Max Clifford, were held over for the second tranche of civil phone hacking cases, which now include at least 50 claims due to be heard next year.