Main Areas of Practice
Principally media law, including defamation, breach of confidence/privacy, data protection, freedom of information, contempt of court/reporting restrictions and judicial review. Acting for claimants and for defendants, including newspapers, television companies and other publishers.
Directory recommendations Heather is ranked in Defamation/Privacy in both Chambers and Partners and the Legal 500. The current Chambers and Partners says she "understands media issues inside out and backwards and is able to take both an analytical and an academic approach to all matters." Clients know that "she is totally reliable, as regards both her advice and the quality of her advocacy." Her media law practice covers a range of matters from defamation and privacy to reporting restrictions, freedom of information and judicial reviews. The Legal 500 describes her as "incredibly diligent, taking an analytical and academic approach". Immediately after her appointment as Queen's Counsel (October 2006), comments in the Chambers & Partners Guide for 2007 included that Heather was the "truly outstanding" new silk, who offers "unequalled forensic intellect" and an "innovative winning approach to cases", that she is "persuasive in court" and shows "superb judgment." Prior to taking silk, Heather had been rated for years as leading junior in defamation by both Chambers & Partners and the Legal 500. In 2006, when recommending her as the only "starred" junior, Chambers and Partners wrote that she was "very forensic in her approach and very persuasive in court"; while rivals agreed that "she is an advocate with oomph" who "will leave no stone unturned"; and her "shrewdness and willingness to assist" made her a "very popular figure." Chambers and Partners awarded her "Defamation Junior of the Year" in 2005 and 2006. Cases include: - Michael Napier & Irwin Mitchell v Pressdram Limited [2009] EWCA Civ 443. (Judgement). Appearing for Private Eye, which resisted an application for an injunction to prevent publication of information claimed to be confidential. The judge refused to grant the injunction; the Court of Appeal dismissed the appeal.
- Harper v Seaga [2009] 1 AC 1 PC. Appeal from the Court of Appeal in Jamaica: whether speech made by politician at public meeting was protected by qualified privilege.
- Inner West London Assistant Deputy Coroner v Channel 4 Television Corpn
[2008] 1 WLR 945 (with Anthony Hudson). Application for production of journalistic material by Coroner. - Lance Armstrong v Times Newspapers [2006] 1 WLR 2462 CA; [2005] EMLR 33 CA. Two interim appeals in a libel action, on Reynolds privilege/striking out (in 2005) and on jury trial (in 2006). Also the judge's determination of meaning: [2006] EWHC 1614 (QB).
- Campbell v Safra [2006] EWHC 819 (QB). Summary judgment in claim for defamation and wrongful interference with contract.
- George Galloway MP v Telegraph Group [2006] EMLR 11 CA. Appeal against the judgment of Eady J at the trial of the libel action brought by George Galloway MP against the Daily Telegraph (also appeared at trial).
- Harrods v Times Newspapers [2006] EWCA Civ 294 and [2006] EMLR 3 (Warren J). Scope of disclosure in a breach of confidence case where "public interest" defence raised.
- Abrahams v Gleaner [2004] 1 AC 628 PC. Privy Council appeal against award of damages in libel action in Jamaica.
- Polanski v Condé Nast [2004] 1 WLR 387 CA. Video-link evidence by the claimant in a libel action (An appeal was subsequently allowed by the House of Lords). Also appeared at trial, July 2005).
- Cleese v Clark & Associated Newspapers [2004] EMLR 37. The proper approach to the assessment of compensation under the offer to make amends procedure.
Publications and talks: - 'Privacy: A Tort By Any Other Name' (with Fiona Campbell). Communications Lawyer (November 2008); Volume 26, No 1
- 'Privacy and expression: Convention rights and interim injunctions' (with Hugh Tomlinson QC) EHRLR 'Privacy Issue' (2003)
- 'Privacy injunctions: reviewing the approach' (with Hugh Tomlinson QC) NLJ 818 (2003)
- 'Privacy and the Media: The Developing Law' (2002) (contributor) Matrix Media & Information Group
- 'Yearbook of Media and Entertainment Law' (contributor) 1995 to 2002 Oxford University Press
- 'Glasnost in Britain' (contributor) Macmillan (1989)
- 'Changing Contempt of Court' (with Andrew Nicol) NCCL (1981)
- Regular appearances at conferences on developments in media law; and in-house training to solicitors.
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Year of Call
1983
Queen's Counsel
2006
Email Address
h.rogers@doughtystreet.co.uk
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