"In this particular case, the evidence is that the Claimant had received a warning from Lord Stevens that he was being watched by some unidentified group of people hostile to him. This was at the end of February. He had also received a similar tip from Mr
Bernie Ecclestone in January. He had taken the matter sufficiently seriously to arrange instruction for himself in spotting or avoiding surveillance. Yet he continued to arrange parties, such as those on 8 and 28 March, knowing of the heightened risk.
"To a casual observer, therefore, and especially with the benefit of hindsight, it might seem that the Claimant's behaviour was reckless and almost self-destructive. This does not excuse the intrusion into his privacy but it might be a relevant factor to take into account when assessing causal responsibility for what happened. It could be thought unreasonable to absolve him of all responsibility for placing himself and his family in the predicament in which they now find themselves. It is part and parcel of human dignity that one must take at least some responsibility for one's own actions.
"On the other hand, I have no evidence to suggest that the surveillance he was warned against had any connection with Woman E or the
News of the World."
