A PHOTOGRAPHER who says his reputation has been damaged in a row over a nude photoshoot in a “fairytale” Scottish castle is suing for up to £50,000.
Howard Kennedy and his wife Karen took pictures of a glamour model in 2012 at Craigievar Castle, a pink fortress in Aberdeenshire which is said to have been the inspiration for Walt Disney’s Cinderella castle.
The couple went on to advertise prints from the shoot for sale online.
But when the National Trust for Scotland (NTS), which owns the 15th-century castle, discovered the nature of the images it claimed the photographs were “unauthorised” and said it was considering “legal action against those responsible”.
The trust, which was gifted the castle by the 19th Lord Sempill in 1963, claimed its staff had not given permission for model Rachelle Summers, 25, to be photographed naked there.
After Lord Sempill’s daughter, Gabriel Forbes-Sempill, contacted it to complain, the NTS said: “The trust would never sanction photographs of this nature – especially at a location that is regularly visited by families with children.
“There is no evidence to suggest that permission was granted to the photographer responsible to make use of the castle.” Mr Kennedy, however, insisted he had agreed a contract to shoot at the castle with a member of NTS staff and paid £200 for the use of the building.
He said the claims made about him by the trust were untrue and damaged his professional reputation, causing his business to nosedive. He is suing for libel damages.
At the High Court in London, Sir David Eady heard that the row erupted four years after the photoshoot, when the pictures came to the attention of Ms Forbes-Sempill.
She said: “I am by no means a prude, but I don’t believe my parents gave the castle to the nation for this sort of thing.”
David Glen, for the NTS, told the judge that, after being contacted by Ms Forbes-Sempill, it had put out the statement Mr Kennedy now says was libellous.
The barrister said: “Mr Kennedy’s case is that he entered into an oral contract with NTS photo librarian John Sinclair on 21 February, 2012, for the express purpose of shooting nude photographs of this nature. He further contends that NTS staff were fully aware of the specific nature of the photoshoot at the time. The National Trust for Scotland disputes this factual case.”
Mr Glen added that the trust had subsequently issued a written statement “which denied that the photographs were authorised”.
“Mr Kennedy contends that the statement was defamatory of him,” he said.
“The words complained of were said to have precipitated a considerable drop, around 50 per cent, in bookings of training courses which Mr Kennedy runs,” he said, adding that Mr Kennedy also claimed he “was finding it extremely difficult to make commercial sales calls” due to the impact of the statement. As well as damages for libel, Mr Kennedy is suing for alleged breach of the Data Protection Act “including special damages for loss of business,” the judge was told.
Greg Callus, for Mr Kennedy, argued at the preliminary hearing that the case should be decided by an English judge as the photographer’s “substantial business reputation in England” had been damaged.
In the English High Court, Mr Kennedy would have the potential to win “higher damages” and use no-win no-fee lawyers, the judge was told.
The trust insists that the case should be decided in a sheriff court north of the Border.
Sir David Eady reserved his ruling on where the case should be heard until a later date.
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