The sultry nude, a National Trust castle and a row in High Court
WHEN an aristocrat learned that her family’s historic castle had been used for a nude photoshoot, she was outraged.
So, too, was the National Trust for Scotland, which has run the 17th century property for more than 50 years.
But the ensuing row has now resulted in a £50,000 claim for damages – by the photographer who took the pictures.
NTS said the photoshoot had been carried out without permission at Craigievar Castle, a stunning seven-storey fortress in Aberdeenshire said to be the inspiration for the castle in Walt Disney’s Cinderella.
But professional photographer Howard Kennedy insisted he had paid staff £200 for use of the property.
He is suing NTS for libel in a case that is now being considered by the High Court in London. Mr Kennedy, who is in his mid-50s, claims that his professional reputation has suffered and his business has nosedived as a result of the row. On his website, the Aberdeen-based photographer offers a range of services including ‘private boudoir commissions’ – the taking of erotic poses where ‘the only limit... is your imagination’.
Mr Kennedy and his wife Karen took the series of photos of profesthing.’ sional model Rachelle Summers, then 19, in February 2012 and sold prints online. Four years later, they came to the attention of the Hon Gabriel Forbes-Sempill.
Her father, the 19th Lord Sempill – who left the Admiralty in disgrace after he was caught spying for the Japanese during the Second World War – gave Craigievar to NTS in 1963.
Miss Forbes-Sempill, who was once married to the son of violinist Yehudi Menuhin, said in 2016: ‘I am by no means a prude, but I don’t believe my parents gave the castle to the nation for this sort of
‘Location visited by children’
That led to NTS issuing a statement at the time that the photographs were ‘unauthorised’ and it was considering suing the photographer as ‘the Trust would never sanction photographs of this nature – especially at a location Angry: Gabriel Forbes-Sempill that is regularly visited by families with children.’
Mr Kennedy says he paid by cheque, handed to a member of staff, but NTS said it had no record of the payment and there was no evidence permission was granted. At the High Court in London this week, Sir David Eady was asked to decide where Mr Kennedy’s libel claim, for up to £50,000, should be heard.
The NTS wants the case heard in Scotland. A hearing in London would have the potential for higher damages with the use of no-win no-fee lawyers, the judge was told.
David Glen, for NTS, said it was the photographer’s case that he had an ‘oral contract’ with an NTS photo librarian, that staff at Craigievar were fully aware of the nature of the photoshoot at the time and that at least one female member of staff supervised the photoshoot but ‘ the National Trust for Scotland disputes this’.
Mr Kennedy claimed the ‘defamatory statement’ by NTS led to drop of around 50 per cent in bookings for training courses he ran and also meant it was ‘extremely difficult’ for him to make commercial sales calls.
As well as seeking 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. Sir David Eady reserved his judgment.