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Sir Edward Garnier QC

Sir Edward Garnier QC
Call: 1976 Silk: 1995

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Barristers

Clara HamerClara Hamer

Email: ch@onebrickcourt.com

Call: 2013

 SPECIALISATION

  • Defamation
  • Privacy and Confidence
  • Data Protection
  • Freedom of Information
  • Harassment
  • Malicious Falsehood
  • Contempt of Court
  • Access to court documents
  • Reporting Restrictions and Open Justice
  • Protection of Sources
  • Media-related human rights law
  • Pre-publication advice

Clara specialises in all aspects of media and information law and acts for both claimants and defendants. Her clients have included national and international media organisations, private individuals, multinational corporations, charities, regulatory bodies including the British Board of Film Classification, and public authorities. Clara regularly provides pre-publication advice on areas such as libel, privacy and contempt to national newspapers including The Times, The Sunday Times, and The Sun, as well as to book publishers and think tanks.

In 2015 Clara was awarded a Pegasus Scholarship by the Inns of Court to spend seven weeks in the United States gaining experience of American media and First Amendment law. In 2016 Clara was the on-set technical legal adviser to Denial, a BAFTA-nominated feature film about the libel case of Irving v Lipstadt and Penguin Books Ltd in which Richard Rampton QC and Heather Rogers QC represented the successful Defendants.

Prior to coming to the Bar, Clara worked as an editorial intern at a leading publisher of political and current affairs books, and as a freelance copy-editor and proofreader.

ACADEMIC AND PROFESSIONAL QUALIFICATIONS 

  • M.A. (Cantab) Social and Political Sciences, University of Cambridge (Fitzwilliam College) (2007-2010)
  • Reddaway Scholarship (2009)
  • Burton Prize (2009)
  • Fitzwilliam Foundation Essay Prize (2009)
  • Mark Savage Travel Award (2009)
  • Graduate Diploma in Law, City University (Commendation) (2011-2012)
  • Inner Temple Major Scholarship (2012)
  • BPTC, City University (Outstanding) (2012-2013)
  • Winner, Inner Temple Lawson Moot 2013
  • Pupillage, One Brick Court (2013-2014)
  • Tenant at One Brick Court since 2014
  • Pegasus Scholarship (2015)

REPRESENTATIVE CASES OF INTEREST 

Defamation 

  • Miah v BBC (2017) - for the BBC, led by Catrin Evans QC, in a libel, privacy and data protection claim
  • May v Times Newspapers Ltd (2017) - for The Sunday Times in a libel claim involving statutory qualified privilege, Jameel abuse of process, and the serious harm threshold
  • Ryanair v Channel 4 Television Corp (2016-2017) - instructed by Channel 4 to assist with libel proceedings issued in the Republic of Ireland. Included work on disclosure, journalistic source protection, and issues arising from EU and Irish regulations governing the confidentiality of information in the aviation industry
  • Samuel v Lime Academy Trust (2016) - for the Defendant, a multi-academy trust, successfully disposing of libel proceedings brought against an academy school
  • Ibru v Times Newspapers Ltd (2015) - for The Times, successfully disposing of a libel claim concerning the reporting of a criminal conviction
  • Siddiqui v BBC (2015) - assisted the BBC and counsel Catrin Evans QC with defending a libel action arising from a radio broadcast
  • Williamson v PEP Publishing Ltd (2014) - for the Defendant, the publisher of Love It! Magazine, on a successful application to strike out a libel claim
  • Rowland v Mitchell (2014) - assisted Desmond Browne QC and Catrin Evans in the lead-up to trial for the police officer who successfully sued Andrew Mitchell MP for libel over the “Plebgate” affair. Appeared alone as junior counsel at a disclosure hearing 

Privacy / breach of confidence / data protection / harassment 

  • ZXC v Bloomberg LP (2017) - for Bloomberg, led by Gavin Millar QC, in a privacy, breach of confidence and data protection claim in respect of an online article about a law enforcement agency investigation
  • Kutcher v Associated Newspapers Ltd (2017) - for the child Claimant in a successful application to approve a settlement agreement in a privacy and data protection claim
  • Silverman v Renegade Pictures Ltd (2017) - for the Defendant documentary producer in a claim arising from the filming of a police arrest
  • Instructed by The Sunday Times, led by Catrin Evans QC, in a privacy and breach of confidence injunction (2016-2017)
  • Wild v Valentine (2015) - for the Claimant in a successful application for a harassment injunction in respect of statements posted online 

Reporting restrictions / access to court documents / open justice 

  • R (Learndirect Ltd) v OFSTED (2017) - for the publisher of a further education magazine in a successful application to lift anonymity reporting restrictions in judicial review proceedings
  • Northern Ireland Historical Institutional Abuse Inquiry (2016-2017) - for the BBC in a successful application to lift anonymity reporting restrictions imposed by a major public inquiry into the historical institutional abuse of children
  • Times Newspapers Ltd v Newman (2016) - for The Sunday Times (Ireland edition) in a successful application to inspect a bankruptcy court file 

Miscellaneous 

  • Instructed to advise on and draft a response to the 2017 Law Commission consultation on the Official Secrets Acts
  • 3-month secondment to the BBC Litigation Department (2015) working on a range of defamation, privacy, data protection and other media law cases. Handled requests by the police under PACE 1984 for journalistic material, “right to be forgotten” issues, and contract, employment, copyright, and Equality Act 2010 matters

PUBLICATIONS AND SEMINARS 

  • Contributor to Arlidge, Eady and Smith on Contempt (2015 and 2017)
  • Regularly gives talks on media law to solicitors and organisations such as the Bureau of Investigative Journalism and Channel 4
  • Speaker on the topic of transatlantic data breaches at One Brick Court’s 2017 seminar, "Broken Boundaries: New Frontiers in Media and Information Law"

OTHER INFORMATION

  • Coxswain for Cambridge University Women’s Boat Club and Fitzwilliam College, Cambridge (2007-2010)
  • Artistic Intern, Wexford Festival Opera (2010)
  • Editorial Intern, Biteback Publishing (2011)
  • Legal Caseworker, Zacchaeus 2000 Trust (2011-2012)
  • Technical Legal Adviser to the film “Denial” (2016)