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European Commission launches E-Privacy Directive Consultation
18th April 2016 - Alongside the adoption of the General Data Protection Regulation by the European Parliament, last week the Commission launched a public consultation on the revision of the e-Privacy Directive with a view to issuing a legislative proposal by the end of 2016.
One of the central aims of the consultation is to ensure that the e-Privacy Directive, which governs the processing of personal data and the approach towards privacy in the electronic communications sector, is consistent with the future GDPR. The consultation also seeks views on the need to update the Directive in light of new market and technological developments and in order to enhance the security and confidentiality of communications throughout the EU.
European Parliament adopts Data Protection Regulation
14th April 2016 - Today the European Parliament has formally adopted the EU Data Protection Regulation. It will enter into force 20 days after its publication in the EU Official Journal, which is expected to take place in Summer 2016. The Regulation will then be directly applicable in Member States two years later, in Summer 2018. The adoption of the Regulation by Parliament is the final stage of what has been a lengthy process aimed at modernising and strengthening Europe’s Data Protection laws. In a joint statement issued by the European Commission the vote was described as “a significant achievement, and the culmination of over four years of hard work with the European Parliament, the Council, business, civil society and other stakeholders... Our work in creating first-rate data protection rules providing for the world's highest standard of protection is complete. Now we must work together to implement these new standards across the EU so citizens and businesses can enjoy the benefits as soon as possible.” Whether these are in fact ‘first rate’ rules will remain to be seen as businesses and practitioners start to have to grapple with them in practice.
Report of Independent Commission on Freedom of Information published
2nd March 2016 - The Independent Commission on Freedom of Information has published its report on 1 March 2016. It was established by the Government in July 2015 to review the workings of the Freedom of Information Act 2000.
Axon v Ministry of Defence v News Group Newspapers Ltd
1st March 2016 - The trial starts today before Mr Justice Nicol of an interesting misuse of private information and breach of confidence claim by a former Royal Navy Commanding Officer against the MOD, with News Group, publisher of The Sun, an Additional Party sued by the MOD. Catrin Evans QC is acting for News Group (instructed by Wiggin LLP).
Permission to appeal granted in Lachaux v AOL (UK) Ltd
14 January 2016 - The Court of Appeal has granted AOL permission to appeal the decision of Warby J on the issues of ‘serious harm’ and Jameel abuse of process. Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin LLP, represent AOL, the publisher of the Huffington Post.
Data Privacy & the Media
28th January 2016 - Catrin Evans will this evening appear as part of the panel of data privacy experts at a question time seminar on Data Privacy and the Media, hosted by RPC and chaired by Keith Mathieson.
Catrin Evans appointed Queen’s Counsel
11th January 2016 - One Brick Court is delighted to announce that Catrin Evans is to be appointed Queen’s Counsel. The official appointment ceremony will take place on 22nd February 2016. Catrin was called in 1994, joined Chambers as a pupil the same year and became a tenant in 1995.
Rt Hon Lady Justice Victoria Sharp appointed Vice-President of the Queen’s Bench Division
11th January 2016 - Chambers offers its warmest congratulations to the Rt Hon Lady Justice Victoria Sharp on her appointment as Vice-President of the Queen’s Bench Division effective from 1 January 2016. Lady Justice Sharp was appointed to the Court of Appeal in October 2013, having previously sat as a Judge in the Queen’s Bench Division of the High Court since January 2009. Lady Justice Sharp (Victoria Sharp QC) was a valued member of Chambers from 1982 to 2009.
The preliminary issues trial of s.1 (serious harm) and meaning starts today in Theedom v CSP
7th December 2015 - Kate Wilson, instructed by Ward Hadaway for the Defendants.
Sir Edward Garnier QC yesterday led for the SFO in the first Deferred Prosecution Agreement case
1st December 2015 - It was heard by Sir Brian Leveson, President of the QBD, who approved the agreement between the SFO and Standard Bank PLC, now known as ICBC Standard Bank PLC. The Industrial and Commercial Bank of China (ICBC) acquired a 60% controlling interest in Standard Bank from Standard Bank Group after the events in question and neither it nor the new Bank had anything to do with the conduct described in the DPA.
Paddling in the backwater: Australian courts and online defamation
26th November 2015 - Australian courts have fallen further and further behind their counterparts in England and the United States when it comes to applying defamation law principles to online communications. Urgent legislative reform is required in the antipodes, writes One Brick Court Door Tenant, Dr Matt Collins QC.
One Brick Court once again recognised as a ‘leading set’ in Chambers & Partners 2016
3rd November 2016 - One Brick Court has been recognised by Chambers & Partners as a ‘leading set’ in both Defamation & Privacy and the Data Protection categories in the 2016 edition of the legal directory. One Brick Court is the only Chambers which has been ranked as a leading chambers in both categories in every year since the “Data Protection” category was instituted in 2014.
One Brick Court has 5 silks and 12 juniors recognised as leading practitioners for Defamation and Privacy. Five members are also ranked for their work in Data Protection, which covers all aspects of information law, including the Freedom of Information Act.
ss.34-38 of the Crime and Courts Act 2013 come into force today.
3rd November 2015 - These provisions mean that exemplary damages may be awarded in claims against relevant publishers, who are not members of a regulator approved by the Press Recognition Panel, in claims related to the "publication of news-related material". S.39 (concerning the scope of aggravated damages) also comes into force today. To date, there is no regulator which has been approved by the PRP, while IPSO, which has been joined by a number of members of the press, is not seeking recognition.
Mr Justice Jay grants summary judgment and a final injunction for Russell Brand and Jemima Goldsmith
28th October 2015 - Mr Justice Jay today granted summary judgment in the claim of Brand & Goldsmith v Berki and made a final injunction preventing the Defendant from harassing the Claimants.
Aidan Eardley, instructed by Archerfield Partners, acted for Mr Brand and Ms Goldsmith.
Chambers and Partners Bar Awards 2015
27th October 2015 - One Brick Court are absolutely delighted to announce that Catrin Evans has this evening been awarded Defamation Junior of the Year at the Chambers and Partners 2015 Bar Awards.
Weller v Associated Newspapers Ltd – Court of Appeal
27th October 2015 - The Court of Appeal will today hear the long-awaited appeal by ANL against Dingeman J’s judgment following a trial last year ( EMLR 24). The Judge upheld a misuse of private information and data protection claim brought by the musician Paul Weller on behalf of his 3 children. The appeal will be heard by the Master of the Rolls, Tomlinson LJ and Bean LJ.
Annual Conference of the Society for Computers and Law
7th October 2015 - Timothy Atkinson has been invited to address the Annual Conference of the Society for Computers and Law on 8 October on the topic of ‘Cyber Crime and Data Protection Cyber Liability’. He has previously been asked to speak as a Data Protection expert at an EU Commission Conference in Amsterdam in 2014 and has been asked to attend as an expert adviser to the EU Commission funded E-Crime Project Workshop in Rome earlier this year and will attend the forthcoming Workshop in Delft in early 2016.
FOI: Extending Transparency to the Private Sector - Heather Rogers QC Keynote speaker
28th September 2015 - The event will be presented by the Bingham Centre for the Rule of Law jointly with the Information Law and Policy Centre at the Institute of Advanced Legal Studies, and hosted by Law Firm, Baker & McKenzie LLP.
This event will consider the current legal framework and the range of private sector organisations that have been brought within its scope. It will explore differences in transparency requirements for private contractors, and proposals to further extend the FOI regime to private companies providing public services. The event will provide opportunity to hear both sides of the debate surrounding this important topic and the practical implications of reforms in this area.
A Report on the Rule of Law and Respect for Human Rights in Turkey since December 2013
28th September 2015 - The Rt Hon The Lord Woolf CH, Professor Sir Jeffrey Jowell KCMG QC, Sir Edward Garnier QC MP and Sarah Palin have presented their Report on the Rule of Law and Respect for Human Rights in Turkey since December 2013. The report constitutes an independent desk-based inquiry into the actions of the Turkish government, its institutions and officials against supporters of the Hizmet movement from the perspective of international human rights law and seeks to identify possible patterns of systematic violations of human rights against supporters of the Hizmet movement. It is also anticipated that the report will contribute to raising awareness of the current situation of human rights in Turkey.
The Legal 500 UK 2015 Awards
23rd September 2015 - One Brick Court are delighted to be short-listed for IP, IT and Media Set of the Year at this year's Legal 500 UK Awards. Winners will be announced on Wednesday 30 September 2015.
Chambers UK Bar Awards 2015
18th September 2015 - One Brick Court are pleased to announce they have been nominated for Defamation set of the year at this year's Chambers Bar Awards. Catrin Evans is also nominated for Defamation Junior of the year.
The winners will be announced on 27th October 2015.
Clara Hamer - Pegasus Scholarship to the USA
21st September 2015 - From 21st September until 12th November 2015 Clara Hamer will be in the USA as an outgoing Pegasus Scholar. During this period Clara will undertake legal and political placements, including at the Supreme Court of the United States, the Federal Communications Commission, and with a number of media law specialists. Clara will be based predominantly in Washington D.C., but will also spend time with practitioners, judges and legal academics in Illinois, Indiana, Missouri, Delaware and California gaining a broad exposure to the US legal system with a particular focus on American media and First Amendment law.
One Brick Court ranked again as a “Top-Tier” set in Defamation and Privacy by The Legal 500 2015
17th September 2015 - All QCs are ranked as “leading silks” and 11 barristers are ranked as “leading juniors”. One Brick Court are also ranked for Data Protection and Media and Entertainment.
Heather Rogers QC to speak at the 21st annual Protecting the Media Conference
17th September 2015 -
1BC's Heather Rogers will be one of the speakers at the "Protecting the Media 2015" conference which takes place on Thursday, 24th September 2015.
She will be giving a Privacy update Considering all the leading developments and case law in these areas with an up-to-the-minute analysis of their practical impact
Bookings should be made with the conference organisers, IBC Legal Conferences.
Permission to appeal granted in Gulati & Ors v MGN Ltd  EWHC 1482 (Ch)
11th August 2015 - The Court of Appeal has granted Mirror Group Newspapers Ltd permission to appeal against the judgment of Mr Justice Mann in Gulati & Ors v MGN Ltd  EWHC 1482 (Ch). In that decision, eight claimants were awarded a total of £1.2m in damages for privacy infringements arising primarily from phone hacking. The hearing of the appeal is to be expedited.
Judgment has today been handed down by Warby J in the case of Lachaux v AOL (UK) Ltd.
30th July 2015 - The claimant was successful in showing that the first Huffington Post article complained of had caused serious harm to his reputation, but unsuccessful in relation to the second article. AOL (UK) Ltd, the publisher of the Huffington Post, is to seek Warby J’s permission to appeal his decision relating to the first article at a hearing next term. Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin LLP, represent AOL.
Google Inc. v Vidal-Hall & ors
23rd July 2015 - Supreme Court grants Google permission to appeal in relation to data protection issues arising from Safari browser cookie case. Catrin Evans acts as junior counsel for Google (instructed by Bristows LLP)
The trial of the issues of ’serious harm’ and Jameel abuse of process in Lachaux v AOL has concluded
21 July 2015 - The trial of the issues of ’serious harm’ and Jameel abuse of process in Lachaux v AOL (UK) Ltd has concluded. Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin LLP, represent AOL, the publisher of the Huffington Post.
Coventry & ors (Respondents) v Lawrence & Anor (Appellants)  UKSC 50
22 July 2015 - By a majority of 5-2, the Supreme Court has held that the regime for the recovery of costs in civil litigation in England and Wales under the Access to Justice Act 1999 (“AJA”) is compatible with the European Convention on Human Rights.
R (on the app. of David Davis MP & ors) v Sec. of State for the Home Dept & ors  EWHC 2092
17th July 2015 - The High Court has today declared section 1 of the Data Retention and Investigatory Powers Act 2014 (“DRIPA”) to be unlawful. The provision sets out a regime for the retention of relevant communications data.
Judgment in Lachaux v AOL (UK) Ltd  EWHC 1847 (QB) handed down.
29th June 2015 - On application by the Defendant, Nicol J set aside an Order of Master Yoxall granting an extension of time for service of Particulars of Claim in relation to a second article now also complained of. An additional application to serve Particulars made before Nicol J was granted, but with the Claimant being required to pay costs. The two actions against AOL have now been consolidated and both will be dealt with at the forthcoming trial of the issues of ’serious harm’ and Jameel abuse of process on 20-21 July 2015. Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin LLP, represent AOL (UK) Ltd, the publisher of the Huffington Post.
In the matter of an application by JR38 for judicial review (Northern Ireland)
1st July 2015 -  UKSC 42
Ma v St. George’s Healthcare NHS Trust  EWHC 1866 QB
30th June 2015 - St George’s Healthcare NHS Trust has successfully defended a libel action brought by the mother of a patient. The Claimant sued in respect of publications of notes made by staff about her conduct when she brought her child to St George’s Accident & Emergency department. Sir David Eady found that the words complained of were substantially true and, in respect of the publication to the hospital’s health visitor liaison officer, the publication was on an occasion of qualified privilege, applying Clift v Slough Borough Council  1 WLR 1774. The Judge rejected the Claimant’s case on malice.
Dufour v News Group Newspapers Ltd – Mann J 12 June 2015
12th June 2015 - the trial of this breach of confidence/misuse of private information claim was adjourned by Mann J a week before it was due to start in order to allow the defendant to amend its case and adduce expert evidence. Catrin Evans acted for the newspaper (instructed by Wiggin LLP)
Hearing in Lachaux v AOL (UK) Ltd before Nicol J.
11 June 2015 – AOL seek to set aside an extension of time for service of particulars in a new action brought by the Claimant, while Mr Lachaux seeks consolidation of the two actions ahead of the forthcoming trial of ‘serious harm’ and Jameel abuse of process. Manuel Barca QC and Hannah Ready represent AOL (UK) Ltd.
BBC defeats injunction attempt by alleged IRA informant ‘Stakeknife’.
10th June 2015 - In the High Court in Belfast yesterday, the BBC successfully resisted an injunction application by Freddie Scappaticci to prevent the broadcasting of footage due to be shown in a BBC Spotlight investigation into allegations of state collusion with the IRA during the Troubles. Mr Scappaticci has been widely alleged to be ‘Stakeknife’, the State’s leading informant inside the IRA.
Jonathan Scherbel-Ball acted for the BBC, instructed by the BBC Litigation Department.
Shobna Gulati & ors v MGN Ltd  EWHC 1482 (Ch)
21st May 2015 - Mr Justice Mann has today ordered that MGN Ltd pay very substantial sums of damages to eight individuals whose voicemails had been intercepted. The highest individual award was the sum of £260,250 awarded to Sadie Frost.
BBC v Roden UKEAT/0385/14/DA
14th May 2015 - The Employment Appeal Tribunal has held that the risk of reputational damage to a Claimant based on the public possibly failing properly to distinguish between an unfounded allegation canvassed during a case and a finding of guilt is not a valid reason for granting the Claimant an anonymity order.
One Brick Court is delighted to announce that Heather Rogers QC has joined Chambers.
11th May 2015 - Heather’s wealth of experience and vast knowledge in all areas of media law, established and developing, will be an enormous asset for the future. Members of Chambers and clerks are unanimous in welcoming her, on both a professional and a personal level.
Cruddas v Calvert & Ors
17th March 2015 - The Court of Appeal has allowed in part the appeal by The Sunday Times and two of its journalists. Richard Rampton QC, Heather Rogers QC and Aidan Eardley acted for the Defendants/Appellants, instructed by Bates Wells & Braithwaite LLP.