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Andrew Caldecott QC

Andrew Caldecott QC
Call: 1975 Silk: 1994

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Barristers

Jane PhillipsJane Phillips

Email: jrp@onebrickcourt.com

Call: 1989

SPECIALISATION

  • Defamation
  • Malicious Falsehood/Trade Libel
  • Privacy & Confidence
  • Injunctions
  • Harassment
  • Reporting Restrictions
  • Contempt of Court
  • Protection of Sources
  • Data Protection
  • Freedom of Information
  • Access to Court Documents
  • Pre-Publication Advice
  • Human Rights Law, particularly articles 8 & 10 of the ECHR
  • Internet Publications

Jane has a broad practice encompassing all aspects of media law for both Claimants and Defendants including corporations, celebrities from sport, pop and the media, the police, local authorities and trade unions, national and local press and broadcasters. She regularly provides pre-publication advice to major publishing houses, particularly in relation to contentious sporting, and celebrity autobiographies and biographies. Jane is retained to give pre publication advice to Time Magazine.

RECOMMENDATIONS

Jane has been consistently recommended as a "Leading Junior" in Defamation/Privacy in Chambers and Partners Guide to the Legal Profession and in the Legal 500 Directory and Legal Experts. She has been described in previous editions as a “go-getter” with “shining intelligence” who “understands the industry well” and who is “admired for her persuasive ways”.

Jane Phillips is appreciated for her pragmatism and experience, and for her "ability to see the key issues immediately." One interviewee commented: "I find her easy to discuss ideas or strategies with, and she gets on with clients very well."
Chambers and Partners 2010

Jane is “highly able, incisive and pragmatic"
The Legal 500 2009/10

Jane has a “reputation for excellence” and is a “top opponent who is inspiring in her approach.”
Chambers UK 2009

"Jane Phillips has recently had her share of attention grabbing cases, notably advising on Heather Mills McCartney v Newsgroup and Associated Newspapers regarding libel and privacy. In this, and in other cases, she has shown herself to be “immensely determined and amazingly clever”. Observers commend her “great judgment and calm approach” "Chambers UK 2008

Interviewees also voiced support for the “extremely personable” Jane Phillips, who “always gives clear answers and gets straight to the heart of a matter by cutting through the nonsense.” Chambers UK 2007

"The increasingly popular Jane Phillips wins ‘only the highest praise’ for being ‘reliable and practical’." Legal 500 2007/8

"Meanwhile Jane Phillips is widely admired for being ´very down to earth´ - a ´safe pair of hands´ who ´gets right to the point´." Legal 500 2006/7

Jane’s pre-publication advice has received acknowledgment in Alex Ferguson’s autobiography as “positive, practical and friendly”

ACADEMIC AND PROFESIONAL QUALIFICATIONS

1977-1984 St Paul’s Girls’ School, London

1985-1988 Worcester College, Oxford: BA (Hons) (2.1) Jurisprudence

1988 Inner Temple Scholar, Entrance Award, Accommodation Scholarship and Bursary

1989 Called to the Bar (Inner Temple)
 
1989-1990 Pupillage: 1 Brick Court & New Court Chambers, Chambers of George Carman QC(common Law)

1990-present Tenant at 1 Brick Court

REPRESENTATIVE CASES OF INTEREST

Defamation Trials

  • Davey v. Dilnot (2006) – represented the successful Claimant who obtained £5,000 damages and costs (on an indemnity basis) against the Defendant in libel claim arising out of 3 publications.
  • Bardwaj v. The International Society for Krishna Consciousness Ltd (2006) – represented the successful Defendant in case alleging slander by gesture and assault.
  • Rackham v. Sandy (2005) – junior for the Claimant in case with successful plea of malice.
  • McArdle v. Newcastle Chronicle (2004) – junior for the Defendant in case concerning allegations about a nursing home.
  • Komarek  v. Ramco (2002) – junior for the Czech Claimants in case arising out of publication to the British Ambassador in Prague.
  • Blackstone v. MGN Limited (2000) – represented the successful Claimant who obtained £50,000 damages against the Sunday Mirror arising out an article concerning a marital dispute.
  • McCahill v. Royal Sun Alliance and Thomas Howell Group (1999) – represented the successful Second Defendant - case dismissed following the close of evidence on the basis that there was no evidence of malice fit to go to the jury.
  • Little v. George (1998) – junior for the Defendant in case on hunting.
  • Marks and Spencer v. Granada (1998) – junior for Claimant (meaning decided by the jury at preliminary issue).
  • Ashby v. Times Newspapers Limited (1995) – junior for the Defendant in five-week trial in successful defence of justification concerning allegation that conservative MP was gay.
  • Mori v. BBC (1998) – junior for the Defendant in the first contested case concerning a live broadcast defence under Section 1 of the Defamation Act 1996.
  • Allason v. BBC and Hat Trick Productions (1998) – junior for the Defendants who successfully pleaded fair comment arising out of a “Have I Got News For You” annual which alleged that conservative MP was a “conniving little shit”.
  • Awwad v. Geraghty (1997) – junior for Claimants in costs proceedings arising out of a libel action.
  • Adams v. Associated Newspapers (1995) – junior in 3rd party proceedings for libel brought by Associated Newspapers.
  • Upjohn v. BBC and Professor Oswald (1994) – junior for Defendant in  three-month trial arising out of a Panorama programme which made allegations of drug fraud.
  • Walker and Cartmell v. Central Television (1991) – junior for Claimants in six-week trial arising out of an episode of The Cook Report making allegations concerning animal experimentation.

Defamation - Court of Appeal/Privy Council

  • Strachan v. The Gleaner (2005) – junior for successful Defendant in Privy Council case on default judgments and jurisdiction.
  • Bonnick v. The Gleaner (2002) 3 WLR 820 – junior for successful Defendants in Privy Council case on qualified privilege.
  • Khalili v. Associated Newspapers (2000) EMLR 996 - junior for Claimant in successful appeal against dismissal of his case for want of prosecution.
  • Williamson v. Commissioner of Police for the Metropolis – junior for Defendant in Claimant’s unsuccessful appeal against dismissal of his case for want of prosecution.
  • Adams v. Associated Newspapers Ltd (1999) EMLR 26 – junior for Defendants in their appeal on 3rd party proceedings in libel. 
  • C v. Mirror Group Newspapers Ltd and others (1997) 1 WLR 131 – junior for Defendants in Claimants unsuccessful appeal against strike out on limitation grounds.
  • Lloyd v Express Newspapers (LTL) 24/06/96 – junior for Claimant in appeal by Defendants on severable allegations in libel (pre-cursor of Cruise v. Express Newspapers).

Recent Privacy Cases

  • Mills v Associated & Newsgroup Newspapers (2007) – junior for Heather Mills in privacy and libel claims
  • A v B (2007) – emergency privacy injunction obtained for Claimant against national newspaper
  • A v B (2007) – acted for Claimant in privacy case
     

Other

  • Trafigura v BBC (2009 -) – acted for BBC in libel action arising out of Newsnight programme
  • Bray v Deutsche Bank (2008-9) – acted for Claimant in libel action arising out of press release published by Deutsche Bank.
  • Taranissi v. BBC (2007-9) – acted for Claimant in libel action arising out of Panorama programme “IVF uncovered”.
  • Materazzi v Express Newspapers (2007-8) – acted for Marco Materazzi who received substantial damages from the Daily Star.
  • Bunt v. Tilley, AOL and others (2006) – acted for AOL in successful application to strike out claim concerning internet publications.
  • Ken Bates v. Dave Allen (2005) – acted for Defendant in case brought by Leeds Football Club Chairman against the Chairman of Sheffield Wednesday Football Club.
  • Davies v. Granada Television Limited (2004-5) – acted for Defendants in successful application to strike out Claimant’s claim arising out of “Facelifts from Hell” programme.
  • Williams –v- News International (2003) – junior for Robbie Williams who received substantial damages from the News of the World.
  • Mills v. MGN Limited (2002) – junior for Heather Mills who received substantial damages from the Sunday Mirror.
  • Ferguson v. Associated Newspapers (2002) – junior for Sir Alex Ferguson, in successful proceedings under Sections 8 and 9 of the Defamation Act 1996.
  • Semenenko v. MGN (2002) – represented the Claimant who received substantial damages from the Sunday People.
  • Wilkinson v. Land Registry (2001) – represented the Defendant in successful application for summary judgment on basis of qualified privilege, no malice.
  • Silkman v. Heard (2001) – represented the Defendant in successful application for summary judgment on Rehabilitation of Offenders Act.

PUBLICATIONS AND SEMINARS

Co-author with Andrew Caldecott QC of the sections on Defamation and Malicious Falsehood in Bullen and Leake and Jacobs “Precedents of Pleadings” (with comprehensive text and precedents).

Formerly co-author of issue of Atkins Court Forms title on Evidence.

Jane regularly speaks at conferences and seminars to solicitors, publishers and journalists on libel, breach of confidence and privacy.