The plaintiff in this case sought for damages for breach of her Constitutional right to privacy, passing off, misrepresentation and false endorsement, breach of confidence and unjust enrichment for unauthorized use of her image in an advert.

The defendant denied the claim and stated that it had employed a third party to develop an advert for its new product, which third party had lawfully purchased all the photographs used in the advertisement from an internet website. The defendant thus argued that the plaintiff had no cause of action against it and that the suit should be dismissed with costs.

The third party too denied the allegations and stated that it had lawfully obtained them.

The issues that were raised for determination were, whether the plaintiff’s rights had been infringed upon by the defendant or the third party, whether they were in breach of confidence, privacy or liable for passing off, whether they had unjustly enriched themselves by use of the plaintiff’s image, and the remedies that were available.