National Trust sued in nude photo shoot row

● Claims shoot was ‘unauthorised’ ● Photographer demands £50,000

A photographer who claims hisreputationwasdamagedin a row over a nude photo shoot in a Scottish castle is suing the National Trust for Scotland for up to £50,000.

Howard Kennedy and his wife Karen took a series of shots of model Rachelle Summers at 17th-century Craigievar Castle, near Alford in Aberdeenshire, in 2012.

However, the National Trust for Scotland (NTS) later said it was “unauthorised”.

Mr Kennedy argues he agreed a contract to shoot at the castle with a member of staff at NTS and paid £200.

At the High Court in London, Sir David Eady heard the row erupted four years after the photo shoot.

The pictures of Ms Summers came to the attention of Gabriel Forbes-sempill, the daughter of Lord Sempill, who had gifted the castle to NTS in 1963.

0 Craigievar Castle, near Alford in Aberdeenshire, was gifted to the National Trust for Scotland in 1963

David Glen, barrister for NTS, told the judge that it was in response to Ms Forbessempill’s outcry that it put out a statement that Mr Kennedy now claimed was libellous.

The barrister told the judge: “Mr Kennedy’s case is that he entered into an oral contract 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 photo shoot at the time, including via the oversight of at least one female member of staff, who is said to have supervised the photo shoot throughout, either in person or by way of CCTV.

“The National Trust for Scotlanddisputesthisfactualcase.” Greg Callus, for Mr Kennedy, argued at a preliminary hearing 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 court heard.

NTS, however, insists the case should be decided in a sheriff court north of the border given it is closer to where the disputed events took place and nearer to the homes of potential witnesses.

Sir David has now reserved his ruling on where the case should be heard until a later date.

Craigievar Castle was completed in 1626 and took about 50 years to build.

The pink tower house is amongst the best preserved in Scotland. Turrets and gargoyles give it a fairy tale appearance.

The building’s stonework, which features winged dragons, thistles and fertility symbols, is highly regarded.