The Duke and Duchess of Cambridge warned not to 'cherry pick' privacy battles

The advise was given after the couple appear not to have taken legal action against Hello! magazine who published photos of the Duchess and Prince George

The Duke and Duchess of Cambridge have been warned by a legal expert not to “cherry pick” which privacy cases they pursue, after a paparazzi photo of Prince George was published in a magazine.

The image showed Kate Middleton and her six-month-old son George leaving a British Airways plane thought to be on the Caribbean island of St Vincent, en route to their holiday in Mustique. 

The long-lense photos featured on the cover and in eight pages of Hello! Magazine from late January, marks the first time his image has been seen publicly since he was christened in the autumn.

It has sparked questions as to why the couple has not tried to stop the photo being published, when they have previously expressed concern that allowing photos of Prince George to be published would breach his privacy. 

In the past the palace has taken legal action against “off-duty” photography of the couple and appealed to photographers to follow their industry's code of practice.

Last week, Kensington Palace had asked newspapers not to publish pictures of the Duke of Cambridge looking unhappy getting off a train in Cambridge.

Jeremy Clarke-Williams, a media lawyer with the firm Slater & Gordon, said: “It seems in this case the Royal Family or Kate and William have decided they can live with this particular unauthorised photo even though it shows their child's face.”

He added that while he does not think the couple’s message is “anything goes” and that “pictures will be viewed on a case by case basis," he said there is a danger they could be seen to be “cherry picking the cases they pursue”.

“The courts might look dimly on that,” he said.

It is thought their decision to not launch a case may be based on the fact that the photos are of a low quality, and do not show the baby’s face in any great detail.

The couple previously sought redress through the French legal system after topless photos of the Duchess were published in French Closer magazine in 2009, when she was not married to Prince William.

She later won £5,000 in damages and an apology from Rex Features for invasion of privacy.

Kensington Palace declined to comment on the photos published in Hello! But Royal sources told The Telegraph that it did not object to the pictures because they were taken “in a public place, without any harassment or pursuit”.

Additional reporting by PA

Read more
Prince Charles donates £50,000 to support flooded Somerset residents
Queen and Duke to make state visit for French D-day commemorations
Queen will meet with Pope Francis in Rome
 
Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Head of IT Project Management / Programme Manager - London

£65000 - £68000 per annum + Bonus and 26 days holidays: Ashdown Group: Head of...

Recruitment Genius: Customer Service Advisor - Shifts

£17000 per annum: Recruitment Genius: This European market leader for security...

Recruitment Genius: Photographer / Floorplanner / Domestic Energy Assessor

£16000 - £25000 per annum: Recruitment Genius: A Photographer/ Floor planner /...

Ashdown Group: Front-End Developer - Surrey - £40,000

£30000 - £40000 per annum: Ashdown Group: Front-End Developer - Guildford/Craw...

Day In a Page

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence