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Call: 2010

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Irina Bokova v Associated Newspapers Limited [2018] EWHC 320 (QB)
21 February 2017 – Dingemans J has ruled today on the meaning of articles which were published in the Daily Mail and the Mail Online website about the former Director-General of UNESCO, Irina Bokova. The judgment also offers guidance to practitioners about the procedure to be followed when one or both parties to a defamation claim seek a preliminary ruling on meaning. Edward Garnier QC and Timothy Atkinson are instructed by Zaiwalla & Co for Ms Bokova; Andrew Caldecott QC and David Glen are instructed by RPC on behalf of ANL.

NT1 & NT2 v Google [2018] EWHC 261 (QB)
19 February 2017 – Warby J has handed down judgment today following the conclusion of the PTR in the first “right to be forgotten” claims to be brought in the High Court. The original PTR was adjourned by Nicklin J on 18 January 2018 to allow further consideration to be given to the terms of proposed orders governing what can be reported at trial. The judgment examines the purpose and limits of the jurisdiction under s.11 of the Contempt of Court Act 1981. It also emphasises the importance of adopting a purposive approach to the open justice principle, especially in cases raising matters of profound legal and public interest. Catrin Evans QC, instructed by Pinsent Masons, on behalf of Google; David Glen is acting on behalf of various interested media parties.

Who's Who Legal
7th February 2018 -One Brick Court, Jane Phillips and Andrew Caldecott QC recognised as most highly regarded in defamation, media and entertainment by Who’s Who Legal

Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB)
17 January 2018 – A libel and data protection claim has been stayed on the basis that Scotland is the more appropriate forum for the trial of the action. In an important judgment, Sir David Eady confirmed that the existence of foreign republications did not mean that the Brussels Recast Regulation prevented the operation of the doctrine of forum non conveniens to a dispute which was otherwise wholly internal to the UK. The judgment also analyses the distinction between deemed and actual service of a claim form under the CPR, concluding that the claim form was validly served in time in this instance. David Glen and Hannah Ready, instructed by RPC, for the Defendant.

Brian Neill
3rd January 2018 - It is with great sadness that Chambers has learnt of the death on Christmas Eve at the age of 94 of the Rt Hon Sir Brian Neill. Brian Neill was commissioned into the Rifle Brigade and fought in the Normandy campaign in 1944/45. He was called to the Bar in 1949 and was a member of Chambers until 1978. He took Silk in 1968. He was appointed a Judge in the Queen’s Bench Division in 1978, a Judge of the Commercial and Admiralty Courts in 1980 and of the Employment Appeal Tribunal in 1981. He became Judge in charge of the Commercial List in 1983. He was appointed a Lord Justice of Appeal in January 1985 and a member of the Privy Council in February 1985. He retired from the Court of Appeal in September 1996 and became a Judge of the Court of Appeal for Gibraltar in 1997. His wife, Sally, predeceased him and he is survived by his three sons, Andrew, Michael and Richard, their wives, and his eight grandchildren to whom we send our deepest condolences. There will be a memorial service in London in the spring.

Pannu v Carter v Medway Council [2017] EWHC 3270 (QB).
15 December 2017 – In a judgment handed down today, Sir David Eady, sitting as a High Court Judge, dismissed the defamation claim brought by a taxi driver, Mandeep Pannu, against a taxi operator, Tracy Carter, following a 3 day trial in November. Kate Wilson was instructed for the defendant shortly before the trial commenced and represented her at trial. The judge held that the email sued upon did not convey a defamatory meaning about the claimant and that the claimant had failed to show that a conversation also complained of was actionable in slander, further it was published on an occasion of qualified privilege and the defendant was not malicious. Kate Wilson, instructed by Stephen & Son, represented the Defendant at trial.

Manuel Barca QC again awarded Silk of the year
6th December 2017 - Chambers are delighted to announce that Manuel Barca QC has been awarded Silk of the year for IP, IT and media at the Legal 500 UK 2018 awards.

Declan Arthurs v News Group Newspapers
24th November 2017 - a singer who appeared on the BBC’s reality talent show, Let it Shine, has lost his application for an interim injunction against the publisher of The Sun on Sunday. Declan Arthurs brought claims for misuse of private information and for breach of the Data Protection Act 1998 in respect of an article published by The Sun on Sunday in January 2017 which revealed that the Plaintiff’s father had convictions for terrorism offences. Following the lifting of reporting restrictions, it can be reported that the Northern Ireland Court of Appeal has upheld the High Court’s decision not to order an interim injunction in respect of the continued publication of the article. Jonathan Scherbel-Ball was Junior Counsel for the Defendant, instructed by Ciaran O’Shiel of A&L Goodbody.

Tamiz v UK
12th October 2017 - In an important endorsement of the UK's approach to online intermediary liability and the wider balance to be struck between the rights of claimants and publishers where claims for repetitional damage are brought, the European Court of Human Rights has today dismissed a challenge brought by Payam Tamiz against the United Kingdom government. Mr Tamiz maintained that a decision of the Court of Appeal to dismiss his defamation claim against Google Inc. in 2013 constituted a breach of his rights under Articles 8 and 13 of the ECHR. However, the European Court rejected this argument, holding that the national courts had achieved a fair balance between Mr Tamiz's right to respect for his private life under Article 8 and the important rights of freedom of expression which were enjoyed by both Google Inc. and its end users. David Glen acted on behalf of the United Kingdom Government in the proceedings. Catrin Evans QC acted for Google Inc. who intervened as an interested party (instructed by Pinsent Masons) and also acted for Google Inc. in the domestic proceedings (instructed by RPC LLP).

Manuel Barca QC wins Defamation Silk of the Year 2017 at the Chambers and Partners Bar Awards
26th October 2017 - One Brick Court are delighted to announce that Manuel Barca QC was awarded Defamation Silk of the Year at this evening’s Chambers and Partners Bar Awards, held at The London Hilton, Park Lane.

Protecting the Media Conference - 6th November 2017
26th October 2017 - This event, now in its 23rd year, serves as the ultimate review of key developments in the field of media law over the last 12 months. Speakers this year include Andrew Caldecott QC, Heather Rogers QC, Ian Helme and Jane Phillips from One Brick Court

One Brick Court top ranked in the new Legal 500 2017
13th October - One Brick Court and its members are once again ranked by the Legal 500 across three practice areas. Chambers is highly ranked in Defamation & Privacy, with all 6 silks and 11 juniors recommended, as well as being ranked in Data Protection and Media and Entertainment.

New Data Protection Bill published
3rd October 2017 - The UK government has published the Data Protection Bill, which received its first reading in the House of Lords on 13 September 2017.

Matthew Nicklin QC appointed to High Court
21st September 2017 - Chambers congratulates Matthew Nicklin QC of 5RB on his appointment to the High Court Bench and wishes him every success in his new role as a Queen’s Bench Judge.

There's an obvious way out of the prisons crisis
14th August 2017 - Overcrowding is at the heart of the problem, Sir Edward Garnier QC writes in an article for the New Statesman

Mionis v Democratic Press and others
31st July 2017 - The Court of Appeal has allowed the appeal in Mionis v Democratic Press and others, upholding and enforcing the terms of settlement embodied in a Tomlin Order, whereby the Respondents had (among other things) agreed not to report or otherwise publish in any jurisdiction any articles or statements which refer to the Appellant or the Appellant’s immediate family. Richard Rampton QC and Jane Phillips appeared for the Appellant

Construction companies granted permission to pursue contribution proceedings
24th July 2017 – Following last year’s settlements of the hundreds of actions brought against them, the companies comprising the largest group of defendants in The Construction Industry Vetting Information Group Litigation have been granted permission by Supperstone J to pursue Part 20 proceedings against ten other construction companies. Andrew Caldecott QC and Hannah Ready, instructed by Macfarlanes LLP, have acted on their behalf since 2014.

Landmark Supreme Court decision in PNM v TNL & Ors handed down
19 July 2017– the Supreme Court has handed down its much-anticipated judgment in the privacy case of PNM v TNL & Ors. One Brick Court’s Manuel Barca QC and Hannah Ready have acted for PNM since 2013 and appeared before Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Reed in January 2017. The majority have ruled against granting an interim non-disclosure order to prevent PNM’s identification as a person arrested in connection with allegations of child sexual grooming/prostitution. However, Lord Kerr and Lord Wilson would have allowed the appeal and have delivered a strong dissenting judgment.

Jonathan Hirst QC
12th July 2017 - It is with great sadness that One Brick Court has learnt of the death of Jonathan Hirst QC of Brick Court Chambers, our former neighbours in Brick Court. Jonathan was the son of our former Head of Chambers, the late Lord Justice David Hirst, and a great friend to many in Chambers. We send our deepest condolences to Jonathan’s wife, Fiona, and their son, Charles, and his wider family.

The Legal Challenges of Social Media
6th July 2017 - The Legal Challenges of Social Media (edited by David Mangan and Lorna E Gillies, Edward Elgar, 2017), foreword by Sir Edward Garnier QC, launches today at the Institute of Advanced Legal Studies.

Government confirms it will implement EU General Data Protection Regulation
22nd June 2017 - As widely anticipated, it was confirmed in the Queen’s Speech on 21 June that the GDPR will become law in the UK and that a new data protection bill will replace the 1998 Act.

One Brick Court – Seminar: “Broken Boundaries: New Frontiers in Media and Information Law”
9th June 2017 - The seminar on 20th June at the Institute for Strategic Studies will be chaired by Sir Edward Garnier QC and will include sessions by members of chambers on the present and future of media and information law, focussing on key current issues including GDPR and Freedom of Expression, Citizen Journalism and the Public Interest, Data Breaches after Vidal-Hall and more. Few remaining places can be booked by emailing

Rotherweird by Andrew Caldecott - Debut novel
22nd May 2017 - Praised by Hilary Mantel as "Intricate and crisp, witty and solemn: a book with special and dangerous properties,' Andrew Caldecott QC's first novel, Rotherweird, is in bookshops and available online now. A twisted, arcane murder-mystery, switching between the past and an unusual present, The Guardian calls it a “compelling first installment of a trilogy….Though it resembles the love child of Gormenghast without the rancour, and Hogwarts without the rightful heir, it diverges from the usual fantasy templates".

Sir Edward Garnier QC to speak at the Banking Litigation & Regulation Forum 2017 on 15th June 2017
14th June 2017 - Sir Edward will be on the panel discussing Deferred Prosecution Agreements in the UK. The panel will outline the different stages within the DPA model, from awareness of a potential DPA to court approval. They will also consider when a DPA is appropriate, factors that a prosecutor may take into account when deciding whether to enter into a DPA and further insights into the practical application of DPA’s across the UK.

1BC members give talk on media-related issues
16 May 2017 - Sarah Palin and Claire Overman presented a talk to leading divorce and family law firm, Vardags. Their talk was entitled “Media-related issues in high-profile divorces” and covered defamation, privacy and reporting restrictions in this area.

The 5th edition of Arlidge, Eady and Smith on Contempt will be published on 31 May 2017.
25th May 2017 - The book is the leading text book on the law of contempt and reporting restrictions, and provides a comprehensive and authoritative commentary on topics including strict liability contempt, the protection of journalistic sources, contempt in the face of the court, and sanctions and remedies for contempt. Contributors include One Brick Court’s Sarah Palin, David Glen, Aidan Eardley, Ian Helme, Kate Wilson, Jonathan Scherbel-Ball, Hannah Ready, and Clara Hamer.

Libel claim by Melania Trump against Daily Mail settles
12th April 2017 -A joint statement in open court was today read in the High Court bringing to an end the libel action by the First Lady of the United States against Associated Newspapers Ltd, the publisher of the Daily Mail. The claim was in respect of an article published on 20 August 2016 entitled “Racy photos and troubling questions about his wife’s past could derail Trump”. The Defendant apologised to Mrs Trump and has agreed to pay her damages. Andrew Caldecott QC and Catrin Evans QC (instructed by Baker McKenzie LLP) acted for ANL.

Supreme Court’s ruling on CFAs in media publication cases due next week
6th April 2017 - Supreme Court will hand down its judgment in Flood v Times Newspapers; Miller v Associated Newspapers and Frost v MGN Ltd at 9.45 on Tuesday, 11 April 2017. The appeal concerned the recoverability of additional liabilities (success fees and ATE insurance premiums) in cases where article 10 is engaged. Richard Rampton QC and Kate Wilson, instructed by Bates Wells & Braithwaite LLP, are representing the Times.

Businesswoman wins £54,000 libel damages
20th March 2017 - Zipporah Lisle-Mainwaring, a resident of Kensington who painted her house in red and white stripes, has been awarded £54,000 in damages following a hearing to assess compensation under the Offer of Amends regime. She sued over two articles published by Mail Online (and the publication of the second article in the Daily Mail). Those articles had falsely suggested that “the claimant behaved most unpleasantly to the family of her late husband and that she has betrayed his trust.” However, Judge Parkes “provisionally” dismissed the special damages claim. While some of that claim was not properly pleaded, the Judge did, however, permit the claimant to apply to have an assessment of the special damages which were properly pleaded, if so advised. Andrew Caldecott QC was Leading Counsel for ANL, instructed by Wiggin LLP

Hourani v Thomson and others [2017] EWHC 432 (QB)
13th March 2017 - The Claimant, Issam Hourani, who was the victim of an targeted campaign, has succeeded in his claim for harassment against John Michael Waller, who directed elements of the campaign, Psybersolutions LLC (a company used by Dr Waller), and two individuals, Alastair Thomson and Brian Macarthy. The Claimant also succeeded in his claim for libel against the company, Thomson and Macarthy (Waller was not sued for libel). After a 10-day trial, Warby J delivered a detailed Judgment on the facts and law. The Campaign, which was conducted for, and paid for by, unidentified “Client(s)” of Dr Waller, included staging two “demonstrations” in London (one of which was outside the Claimant’s home) and ensuring that these “events” were widely reported online. The court ruled that the allegation of “murder” (in relation to a young woman who died in Beirut in June 2004) was “untenable”. The Judge found that the Campaign was “highly unreasonable”, rejecting the argument that the conduct was protected by section 1(3) of the Protection from Harassment Act 1997 (it was argued that the conduct was for the purpose of prevention or detecting crime and/or was reasonable in the circumstances). The Judge rejected the argument (by Thomson & Macarthy) that any publication was protected by the defence in section 4 of the Defamation Act 2013 (publication on matter of public interest). The court awarded damages in the total amount of £80,000 (for the libel and harassment), specifying the amounts for which each of the four was responsible. A hearing will take place to determine consequential orders. Heather Rogers QC, instructed by Payne Hicks Beach, was the Claimant’s Leading Counsel.

New Media and Communications List
27th February 2017 - It has today been announced that from 1 March 2017 there will be a new list within the Queen’s Bench Division called the Media and Communications List. Mr Justice Warby has been designated as the Judge in charge of the new list, which will cover cases involving defamation, misuse of private information and breach of duty under the Data Protection Act, and related or similar claims including malicious falsehood and harassment arising from publication or threatened publication by the print or broadcast media, online, on social media, or in speech. The press release states that from 1 March, parties who consider their case to fall within this category should insert the words “Media and Communications List” on their claim or Acknowledgement of Service.

A Report on the Rule of Law and Respect for Human Rights in Turkey since December 2013
28th September 2015 - The Rt Hon The Lord Woolf CH, Professor Sir Jeffrey Jowell KCMG QC, Sir Edward Garnier QC MP and Sarah Palin have presented their Report on the Rule of Law and Respect for Human Rights in Turkey since December 2013. The report constitutes an independent desk-based inquiry into the actions of the Turkish government, its institutions and officials against supporters of the Hizmet movement from the perspective of international human rights law and seeks to identify possible patterns of systematic violations of human rights against supporters of the Hizmet movement. It is also anticipated that the report will contribute to raising awareness of the current situation of human rights in Turkey.