Gavin Millar QC

Gavin has a wide-ranging practice covering media, public, employment and discrimination law.

Much of his media work is for clients asserting free speech rights. He mainly undertakes defamation, privacy and reporting restriction cases. He is the co-author of Media Law and Human Rights (2009 Oxford University Press). He is a Council of Europe expert on freedom of expression. In this capacity he regularly speaks and advises on media law at Strasbourg and in the emerging democracies of Eastern Europe. He recently advised the Director of Public Prosecutions on the free speech issues arising in the case of Damian Greene MP.

He specialises in discrimination and trade union law, although he covers all aspects of employment law. He often represents public sector workers. He is currently acting for thousands of claimants in the equal pay "multiples" issued against local authorities across Wales. As well as employment cases, his public law practice covers local government, education and election law. He has appeared at a number of major public inquiries including those into the Clapham Junction rail disaster and the Westminster City Council "homes for votes" scandal. He was an elected member of a London council between 1985 and 1994, serving on its Housing and Social Services Committees.

In March 2008 he appeared for the claimant at the Slough Central Ward election trial which exposed the unlawful electoral practice of "roll-stuffing", enabling postal votes to be cast on behalf of non-existent voters. In November 2008 he represented the journalist, Sally Murrer, whose conversations with an alleged police source had been bugged by Thames Valley Police. The judge directed an acquittal on the basis of interferences with her right to freedom of expression.

Gavin was described as an "incredible cross-examiner" in the defamation/privacy section of Chambers & Partners 2006. He was described as "excellent" in a Legal Week article entitled "The Entertainers" and was listed as one of the The Lawyer's "Hot 100" lawyers for 2007. He was shortlisted for the Law Society's "Barrister of the Year" award in 2008. 2009 Chambers & Partners lists him as a leading silk in employment and defamation/privacy, quoting observers who spoke of his "ruthless efficiency, problem-solving skills and uncanny ability to speak common sense". He is also listed in the defamation section of Legal Experts 2009. He is a Recorder of the Crown Court (2003).

Recent cases include:

Media, defamation and privacy

• T v British Broadcasting Corporation (QB) [2008] 1 FLR 281. Injunction to prevent interference with privacy rights of vulnerable mother through broadcast of documentary
• Roberts v Gable [2008] (CA) 2 WLR 129. "Reynolds" privilege in the form of neutral reportage of political disputes
• Mersey Care NHS Trust v Ackroyd (No. 2) (CA) [2008] EMLR 1
  Protection of journalistic sources
• In re Trinity Mirror plc and others (CA) [2008] 3 WLR 51
  Jurisdiction of Crown Court to make reporting restriction orders protecting privacy
• Mosley v Newsgroup Newspapers Limited [2008] EWHC 687 (QB)
  Application for privacy injunction prohibiting publication of video clip on newspaper website
• In re The Times Newspapers Limited Law Times (24.10.08)
  The first appeal to the Courts Martial Appeal Court by the media against reporting restrictions in a Court Martial
• Sir Elton John v Guardian News & Media Ltd [2008] EWHC 3066 (QB). Striking out of a libel complaint based on an ironic "spoof" diary
• A v B [2009] EWCA Civ 24
  Application by former MI5 member seeking to publish a book about his time in the Security Service
• Her Majesty's Attorney General v Seckerson (1) Times Newspapers (2) [2009] EWHC 1023 (Admin)
  Contempt proceedings against The Times under s.8 Contempt of Court Act 1981 for publishing an article discussing a jury verdict in a criminal case
• Attorney-General's Reference No. 3 of 1999: Application by the BBC to set aside or vary a reporting restriction order [2009] UKHL 34
  Application to the House of Lords on behalf of the BBC to lift an anonymity order protecting the identity of a defendant acquitted of rape imposed following an Attorney General's reference to the Court of Appeal and House of Lords
  

Employment and discrimination

• CELTEC Ltd. v Astley and others (ECJ) [2005] ICR 1409. Interpretation of the Acquired Rights Directive
• North Wales Training and Enterprise Council Ltd v Astley and others (HL(E)) [2006] ICR 992. Application of the Acquired Rights Directive
• Watt v Ahsan (HL(E)) [2008] ICR.
  Jurisdiction of employment tribunals in race discrimination cases
• Prospect v Ministry of Defence [2008] EWHC 2056 (Admin).
  Determination of redundancy entitlements for civil servants

Public Law

• The Staff Side of the Police Negotiating Board v The Secretary of State for the Home Department [2008] EWHC 1173 (Admin). Judicial review challenge to the refusal of the Home Secretary to implement the 2007 pay award of the Police Arbitration Tribunal
• The Police Federation of England and Wales and others v The Secretary of State for the Home Department (1) The Government Actuary's Department (2) [2009] EWHC 488 (Admin). Judicial review challenge to delayed implementation of new pension commutation factors for retiring police officers
  

Year of Call

1981

Queen's Counsel

2000

Education

BA (Hons) Jurisprudence

Email Address

g.millar@doughtystreet.co.uk

Specialist Teams

Team leader :

• Employment and Discrimination

Member :

• Employment and Discrimination
• Human Rights
• Media and Defamation
• Public and Administrative Law