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 undertakes defamation, privacy, contempt and reporting restriction cases. He is the co-author of Media Law and Human Rights (2009 Oxford University Press) and sits on the Board of the Centre for Investigative Journalism at City University. 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.

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. In 2009 he advised the DPP on the free speech issues arising in the police investigation into Damien Green MP. He recently represented the UK media before the Court of Appeal in R (On the application of Binyam Mohammed) v Secretary of State for Foreign and Commonwealth Affairs. In 2010 he represented the Crown in connection with media coverage of criminal proceedings against John Venables.

Gavin 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 parliamentary, local government, education and election law. He is currently defending the former MP, Jim Devine, charged with offences in relation to his House of Commons allowance claims. The Court of Appeal hearing on the preliminary issue of whether Parliamentary privilege precludes prosecution took place in June 2010.

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.

Gavin is recognised as a leading election law specialist. He has appeared in numerous election petition cases. 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. He is currently representing Phil Woolas MP in election petition proceedings challenging his election in Oldham East at the 2010 general election. He is acting for the Petitioner in proceedings against the Returning Office in LB of Croyden. This petition alleges inadequate polling station provision on 6 May 2010.

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 listed 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 listed again in these categories in the 2010 edition. He is also listed in the defamation section of Legal Experts 2010.
He is Deputy Head of chambers. He was appointed as a Recorder of the Crown Court in 2003. In 2010 he was called to the Bar in Northern Ireland.

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

• 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

• Her Majesty's Attorney General v Seckerson (1) Times Newspapers (2) [2009] EMLR 20
  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 [2010] 1 AC 145 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

• Re Child X (Residence and Contact - Rights of media attendance - FPR Rule 10.28(4) [2009] EMLR 26 Guideline case on media rights of access to court hearings involving the children of celebrities

• Independent News and Media Limited and others v A (by his litigation friend the Official Solicitor) [2010] 3All ER 32 Test case on the rights of the media to have access to and report proceedings in the Court of Protection

• A v B (Investigatory Powers Tribunal: Jurisdiction) [2010] 2 WLR 1Former member seeking to publish a book about his time in the Security Service (MI5), Jurisdictional issue as to whether he could assert his Art 10 ECHR rights in the courts rather than in the Regulation of Investigatory Powers Tribunal

• R (On the application of Binyam Mohammed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65
  Represented the UK media, intervening, in the Foreign Secretary's appeal against the decision of the Divisional Court to include in its judgment findings as to the mistreatment of the applicant in US custody in Pakistan in 2002

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

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

• Finch v Richardson [2009] 1 WLR 1338
  Relief granted to a candidate in an election under the Representation of the People Act 1983 in respect of errors in his election expense returns

• Conservative and Unionist Party v Election Commissioner [2010] PTSR 937
  Test case on whether a political party can be held liable in costs when its candidate fails to defend an election petition.

Recent publications include:

Whither the Spirit of Lingens? Human Rights Law Review, Issue 3, 2009

Year of Call

1981

Queen's Counsel

2000

Education

BA (Hons) Jurisprudence

Email Address

g.millar@doughtystreet.co.uk

Click for contact details

Specialist Teams

Team leader :

• Employment and Discrimination

Member :

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