Media Law & Defamation

View Team Members »
View Seminars & CPD »
View Cases »
View What the Directories Say »

Doughty Street's Media and Defamation Team goes from strength to strength. The team offers considerable experience in all aspects of media and defamation work at both silk and junior level. This includes confidentiality, contempt, copyright, data protection, defamation, elections, freedom of assembly, harassment, internet publication, obscenity and blasphemy, privacy, protection of journalists' sources, regulation of the media, reporting restrictions, special procedure material and televising courts and inquiries. This expertise is complemented by team members' knowledge and experience in other areas of human rights work including public law and criminal defence.

Members of the team act for both claimants and defendants in defamation and breach of confidence/privacy cases. Cases include the application to the European Court in Steel v UK (McLibel) and appeal to the Court of Appeal in Yousef Jameel v Dow Jones, which both involved successful challenges to fundamental rules of libel law. Other cases tackle issues of internet and foreign publications, and the continuing development of the defence of qualified privilege. Team members regularly give pre-publication advice to national and international newspapers and magazines, publishers and broadcasters.

The team continues to act in many leading cases on contempt in domestic courts and in Europe. Team members acted in the UK courts at all stages and in the European Court of Human Rights in Goodwin (disclosure of journalistic source), in the Ian Brady case and Mersey Care NHS Trust v Ackroyd (disclosure of journalistic source), as well as for journalists called to give evidence before the Bloody Sunday Inquiry.

The team's copyright work includes the relationship of the 'fair comment' and public interest defences with human rights law (Ashdown v Daily Telegraph) and ownership of the copyright in the works of Aleister Crowley.

We frequently act on behalf of newspapers and broadcasters opposing reporting restrictions in both courts and tribunals, such as employment and disciplinary tribunals.

In Re S we successfully resisted Family Court reporting restrictions of a criminal trial and in Independent Publishing Company Ltd v Attorney-General of Trinidad and Tobago established that there were no common law powers to impose reporting restrictions. In addition, team members have been at the forefront of attempts to secure the broadcasting of courts and public inquiries, including the Shipman, Climbié and Hutton inquiries.

Members of the team have acted in several media judicial review cases including challenges to decisions of the Press Complaints Commission, the Police Complaints Authority, the Advertising Standards Authority and the BBC, for example, the challenge to the BBC's allocation of party election broadcasts (R v BBC ex parte the Referendum Party). Advice is often given on regulatory authorities including the Press Complaints Commission, the Broadcasting Standards Commission and the British Board of Film Classification.

Team members have appeared at all levels of the justice system with experience from tribunals to the House of Lords including jury advocacy in the Crown Court and civil courts. The team also has extensive experience of applications to, and appearances before, the European Court of Human Rights.

Members of the team are consulted by the Council of Europe, the European Commission of the EU and other international media bodies as experts on freedom of expression and, in that capacity, regularly lecture and advise on media law in Eastern Europe and elsewhere. Geoffrey Robertson QC and Andrew Nicol QC are the authors of the leading textbook Media Law (4th edition, 2002, Sweet & Maxwell and Penguin) and Andrew Nicol QC and Gavin Millar QC co-authored Media Law and Human Rights (2001, Blackstone Press Ltd).

Our civil and criminal clerks have extensive knowledge and experience of courts and tribunal administration including listing emergency applications. The team aims to provide regular seminars on aspects of media law and welcomes requests for in-house training.

Team Members

Seminars & CPD

• Reporting restrictions

  Monday 12 May 2008 from 18:00 to 19:30

  Speakers: Andrew Nicol QC and Anthony Hudson CPD: accredited for 1.5 points To book a place on this seminar, please contact our Administrator, Chris Atkinson, by email : …

  
  

• Privacy v Free Speech: where to draw the boundary

  Thursday 5 June 2008 from 18:00 to 19:30

  Chair: Geoffrey Robertson QC Speakers: Anthony Hudson and Phillippa Kaufmann CPD: accredited for 1.5 points To book a place on this seminar, please contact our Administrator, Chris Atkinson, …

  
  

• Freedom of Information: the evolving right to know

  Monday 23 June 2008 from 18:00 to 19:30

  Speakers: Keir Starmer QC and Guy Vassall-Adams CPD: accredited for 1.5 points To book a place on this seminar, please contact our Administrator, Chris Atkinson, by email : …

  
  

Cases

Recent cases include:

Worme v Commissioner of Police [2004] 2 WLR 1044 (PC) - criminal libel

Independent Publishing Company Ltd v A-G of Trinidad and Tobago (PC) [2004] 101(26) LSG 27; Times, June 24, 2004 - absence of common law powers to impose reporting restrictions.

Jameel v Wall Street Journal Europe [2004] EMLR 6 (CA) - libel, hearsay statements.

Harrods Ltd v Dow Jones and Co Inc [2003] - libel, forum.

Mersey Care NHSTrust v Ackroyd [2003] Lloyd's Rep Med 379 - journalistic sources.

A v UK [2003] 13 BHRC 623 - parliamentary privilege.

R v Ipswich Crown Court, ex parte NTL [2002] 3 WLR 1173 - special procedure material.

Ashdown v Telegraph Group Ltd [2002] Ch 149 (CA) - copyright and freedom of expression.

R v Shayler [2002] 2 WLR 754 (HL) - official secrets, public interest defence.

Briffet v CPS [2002] EMLR 12 - reporting restrictions.

R v PCC, ex parte Anna Ford [2002] EMLR 5 - judicial review of the PCC.

Thomas v News Group Newspapers [2002] EMLR 4 - harassment and the media.

Kiam v MGN Ltd [2002] 3 WLR 1036 (CA) - libel damages.

Observer Publications Ltd v Matthew and others (PC) [LTL 27.3.01]

Gaddafi v Telegraph Group Ltd (27.700) [LTL 22.8.00] - libel - strike out.

Steel v UK - libel

Chada v Dow Jones and Co Inc [1999] EMLR 724

AG v Guardian Newspapers [1999] EMLR 904 - contempt of court.

DPP v Jones [1999] 2 WLR 625 - freedom of assembly.

R v BBC, ex parte The Referendum Party (DC) [LTL 24.4.97] - election broadcasting.

Goodwin v UK [1996] 22 ECHR 123 - journalistic sources.

X Ltd v Morgan Grampian (Publishers) Ltd [1999] 2 WLR 2002 (HL) - journalistic sources.

Wingrove v UK - blasphemy/obscenity

Last updated November 2005.

What the Directories say

Chambers & Partners, 2008

According to interviewees, these chambers "don't churn costs" and offer "a group of fine lateral thinkers" who provide "watertight advice." Its media and defamation team goes from strength to strength, and can offer experience in all aspects of the law at both silk and junior level. Issues handled include confidentiality, defamation, elections, freedom of assembly, harassment, Internet publication, privacy, protection of journalists' sources, regulation of the media and reporting restrictions. In Mersey Care NHS Trust v Robin Ackroyd, Doughty Street barristers successfully acted for the journalist Robin Ackroyd. After two trips to the Court of Appeal, Ackroyd established his right to protect the identity of his sources of information about the Moors murderer, Ian Brady. Members also acted as counsel for the Wall Street Journal in Jameel v Wall Street Journal, one of the most significant pro-media defamation decisions post-Reynolds v TNL. A further successful appearance by the team was in Roberts v Gable, where the Reynolds defence was used to defend Searchlight Magazine in a claim involving the repetition of third-party statements made by political activists in the British National Party. These victories are a result of the quality that is present throughout the set. Gavin Millar QC is said to be "one of the cleverest minds around" and a man with "a real human rights ethos." According to observers, his "ruthless efficiency, problem-solving skills and uncanny ability to speak common sense" make him attractive to clients. Clients describe Andrew Nicol QC as "a great leader and a first choice for contempt cases." The silks enjoy the unshakeable support of a learned phalanx of juniors. "Solid as a rock," Anthony Hudson is "thoughtful and capable," rated highly for his knowledge on reporting restrictions and admired by clients for his courage. Both the "incredibly smart" Lucy Moorman and the "enthusiastic and bright" Guy Vassall-Adams received accolades from clients quick to acknowledge their skills in relation to media issues.

 

Legal 500, 2007

Media and Defamation
Doughty Street Chambers increased its profile in the defamation world when Geoffrey Robertson QC successfully argued Jameel's landmark suit against the Wall Street Journal Europe, described above. Highly regarded Andrew Nicol QC has been active in privacy cases, while junior Anthony Hudson - previously best known for his media sector work - has recently been handling some high-profile libel cases. The highly regarded Gavin Millar QC, who led Hudson in this case, also defended anti-Fascist magazine Searchlight against an action by the British National Party. One solicitor commented: 'Many of us are going to Doughty Street, Matrix and Blackstone Chambers, those with a human rights or freedom of expression background.'

Media and Entertainment
Doughty Street Chambers, chambers of the well-known and respected Geoffrey | Robertson QC enjoys a high profile for its work on issues of press freedom, reporting restrictions, and criminal law with a media impact, such as obscenity actions. Andrew Nicol QC has recently been active in two major cases concerning reporting restrictions. Anthony Hudson, who acted as junior on the latter case, also has an active practice, including recently acting for the family of journalist Terry Lloyd - killed in Iraq - at the inquest into his death; work which raised important issues for practising journalists. He also acted in a significant trial concerning the protection of journalistic sources, where he was led by Gavin Millar QC. Lucy Moorman is well regarded, while Guy Vassall-Adams has been building an increasingly successful media practice - acting for clients including the BBC .

Chambers & Partners Guide to the Legal Profession, 2007

"This highly professional, dedicated and committed set puts clients' interests first", according to interviewees. It was often referred to as "a premium stable" that attracts "crème de la crème clientele". It contains the likes of Andrew Nicol QC. An "analytical lawyer", he "gets to grips with complicated facts and is one to go to for reporting restrictions and open justice cases". His fellow silk is no less favoured. Gavin Millar QC strikes everybody as "a big talent". Clients stated: "If you need outstanding advice effortlessly delivered, he is your man". Among the juniors, "charming" Anthony Hudson is "passionate about his work". According to sources, he is "efficient and media friendly", making him "someone who is extremely sought after". Also popular, Lucy Moorman is "an incredibly clued-up junior who know heaps about data protection".

Legal 500, 2006

Renowned for its civil liberties and human rights work, Doughty Street Chambers regularly handles cases concerning press freedom and freedom of speech issues for clients such as Guardian Newspapers and Trinity Mirror plc. Founder Geoffrey Robertson QC is 'very well-connected' in the media world, with recent libel cases of note include Jameel v The Wall Street Journal where he appeared for the defendant. A 'scholar' and a 'heavyweight', Andrew Nicol QC has a wealth of experience in freedom of speech, open justice, reporters' rights and contempt of court. Junior Anthony Hudson was in the Court of Appeal again in 2006 in a case concerning publicity about a retrial.