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Landmark Supreme Court decision in PNM v TNL & Ors handed down
19 July 2017– the Supreme Court has handed down its much-anticipated judgment in the privacy case of PNM v TNL & Ors. One Brick Court’s Manuel Barca QC and Hannah Ready have acted for PNM since 2013 and appeared before Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Reed in January 2017. The majority have ruled against granting an interim non-disclosure order to prevent PNM’s identification as a person arrested in connection with allegations of child sexual grooming/prostitution. However, Lord Kerr and Lord Wilson would have allowed the appeal and have delivered a strong dissenting judgment.
19/07/2017

Jonathan Hirst QC
12th July 2017 - It is with great sadness that One Brick Court has learnt of the death of Jonathan Hirst QC of Brick Court Chambers, our former neighbours in Brick Court. Jonathan was the son of our former Head of Chambers, the late Lord Justice David Hirst, and a great friend to many in Chambers. We send our deepest condolences to Jonathan’s wife, Fiona, and their son, Charles, and his wider family.
12/07/2017

The Legal Challenges of Social Media
6th July 2017 - The Legal Challenges of Social Media (edited by David Mangan and Lorna E Gillies, Edward Elgar, 2017), foreword by Sir Edward Garnier QC, launches today at the Institute of Advanced Legal Studies.
06/07/2017

Government confirms it will implement EU General Data Protection Regulation
22nd June 2017 - As widely anticipated, it was confirmed in the Queen’s Speech on 21 June that the GDPR will become law in the UK and that a new data protection bill will replace the 1998 Act.
22/06/2017

One Brick Court – Seminar: “Broken Boundaries: New Frontiers in Media and Information Law”
9th June 2017 - The seminar on 20th June at the Institute for Strategic Studies will be chaired by Sir Edward Garnier QC and will include sessions by members of chambers on the present and future of media and information law, focussing on key current issues including GDPR and Freedom of Expression, Citizen Journalism and the Public Interest, Data Breaches after Vidal-Hall and more. Few remaining places can be booked by emailing clerks@onebrickcourt.com
09/06/2017

Rotherweird by Andrew Caldecott - Debut novel
22nd May 2017 - Praised by Hilary Mantel as "Intricate and crisp, witty and solemn: a book with special and dangerous properties,' Andrew Caldecott QC's first novel, Rotherweird, is in bookshops and available online now. A twisted, arcane murder-mystery, switching between the past and an unusual present, The Guardian calls it a “compelling first installment of a trilogy….Though it resembles the love child of Gormenghast without the rancour, and Hogwarts without the rightful heir, it diverges from the usual fantasy templates".
22/05/2017

Sir Edward Garnier QC to speak at the Banking Litigation & Regulation Forum 2017 on 15th June 2017
14th June 2017 - Sir Edward will be on the panel discussing Deferred Prosecution Agreements in the UK. The panel will outline the different stages within the DPA model, from awareness of a potential DPA to court approval. They will also consider when a DPA is appropriate, factors that a prosecutor may take into account when deciding whether to enter into a DPA and further insights into the practical application of DPA’s across the UK.
22/05/2017

1BC members give talk on media-related issues
16 May 2017 - Sarah Palin and Claire Overman presented a talk to leading divorce and family law firm, Vardags. Their talk was entitled “Media-related issues in high-profile divorces” and covered defamation, privacy and reporting restrictions in this area.
16/05/2017

The 5th edition of Arlidge, Eady and Smith on Contempt will be published on 31 May 2017.
25th May 2017 - The book is the leading text book on the law of contempt and reporting restrictions, and provides a comprehensive and authoritative commentary on topics including strict liability contempt, the protection of journalistic sources, contempt in the face of the court, and sanctions and remedies for contempt. Contributors include One Brick Court’s Sarah Palin, David Glen, Aidan Eardley, Ian Helme, Kate Wilson, Jonathan Scherbel-Ball, Hannah Ready, and Clara Hamer.
11/05/2017

Libel claim by Melania Trump against Daily Mail settles
12th April 2017 -A joint statement in open court was today read in the High Court bringing to an end the libel action by the First Lady of the United States against Associated Newspapers Ltd, the publisher of the Daily Mail. The claim was in respect of an article published on 20 August 2016 entitled “Racy photos and troubling questions about his wife’s past could derail Trump”. The Defendant apologised to Mrs Trump and has agreed to pay her damages. Andrew Caldecott QC and Catrin Evans QC (instructed by Baker McKenzie LLP) acted for ANL.
12/04/2017

Supreme Court’s ruling on CFAs in media publication cases due next week
6th April 2017 - Supreme Court will hand down its judgment in Flood v Times Newspapers; Miller v Associated Newspapers and Frost v MGN Ltd at 9.45 on Tuesday, 11 April 2017. The appeal concerned the recoverability of additional liabilities (success fees and ATE insurance premiums) in cases where article 10 is engaged. Richard Rampton QC and Kate Wilson, instructed by Bates Wells & Braithwaite LLP, are representing the Times.
06/04/2017

Businesswoman wins £54,000 libel damages
20th March 2017 - Zipporah Lisle-Mainwaring, a resident of Kensington who painted her house in red and white stripes, has been awarded £54,000 in damages following a hearing to assess compensation under the Offer of Amends regime. She sued over two articles published by Mail Online (and the publication of the second article in the Daily Mail). Those articles had falsely suggested that “the claimant behaved most unpleasantly to the family of her late husband and that she has betrayed his trust.” However, Judge Parkes “provisionally” dismissed the special damages claim. While some of that claim was not properly pleaded, the Judge did, however, permit the claimant to apply to have an assessment of the special damages which were properly pleaded, if so advised. Andrew Caldecott QC was Leading Counsel for ANL, instructed by Wiggin LLP
20/03/2017

Hourani v Thomson and others [2017] EWHC 432 (QB)
13th March 2017 - The Claimant, Issam Hourani, who was the victim of an targeted campaign, has succeeded in his claim for harassment against John Michael Waller, who directed elements of the campaign, Psybersolutions LLC (a company used by Dr Waller), and two individuals, Alastair Thomson and Brian Macarthy. The Claimant also succeeded in his claim for libel against the company, Thomson and Macarthy (Waller was not sued for libel). After a 10-day trial, Warby J delivered a detailed Judgment on the facts and law. The Campaign, which was conducted for, and paid for by, unidentified “Client(s)” of Dr Waller, included staging two “demonstrations” in London (one of which was outside the Claimant’s home) and ensuring that these “events” were widely reported online. The court ruled that the allegation of “murder” (in relation to a young woman who died in Beirut in June 2004) was “untenable”. The Judge found that the Campaign was “highly unreasonable”, rejecting the argument that the conduct was protected by section 1(3) of the Protection from Harassment Act 1997 (it was argued that the conduct was for the purpose of prevention or detecting crime and/or was reasonable in the circumstances). The Judge rejected the argument (by Thomson & Macarthy) that any publication was protected by the defence in section 4 of the Defamation Act 2013 (publication on matter of public interest). The court awarded damages in the total amount of £80,000 (for the libel and harassment), specifying the amounts for which each of the four was responsible. A hearing will take place to determine consequential orders. Heather Rogers QC, instructed by Payne Hicks Beach, was the Claimant’s Leading Counsel.
13/03/2017

New Media and Communications List
27th February 2017 - It has today been announced that from 1 March 2017 there will be a new list within the Queen’s Bench Division called the Media and Communications List. Mr Justice Warby has been designated as the Judge in charge of the new list, which will cover cases involving defamation, misuse of private information and breach of duty under the Data Protection Act, and related or similar claims including malicious falsehood and harassment arising from publication or threatened publication by the print or broadcast media, online, on social media, or in speech. The press release states that from 1 March, parties who consider their case to fall within this category should insert the words “Media and Communications List” on their claim or Acknowledgement of Service.
27/02/2017

Hazelwood v ICO & Cabinet Office (EA/2016/0204)
16th February 2017 - Following a hearing in January 2017, the First Tier Tribunal (General Regulatory Chamber) has ruled that the Cabinet Office was entitled to rely on the exemption in s.37 of the Freedom of Information Act (“FOIA”) when it refused to confirm or deny whether it held information concerning whether a company had applied for permission to use the word ‘Royal’ in its name. S.37(1)(b) FOIA provides a qualified exemption for information if it relates to ‘the conferring by the Crown of any honour or dignity’. The FTT found that FOIA should be interpreted purposively, and that s.37(1)(b) FOIA could be understood “to relate to the honours system in its widest sense, including the system for giving permission to companies to use the term ‘Royal’.” [27] The FTT ruled that the public interest in this case favoured maintaining the confidentiality of the honours system, free from outside interference, and acknowledged the expectation of privacy of applicants [30]. Jonathan Scherbel-Ball, instructed by the Government Legal Department, appeared for the Cabinet Office.
16/02/2017

Issam Hourani v Alistair Thomson & Others
30th January 2017 – 10 day libel and harassment trial begins today before Mr Justice Warby. Heather Rogers QC, instructed by Payne Hicks Beach, will appear for the claimant.
30/01/2017

Gary Flood -V- Times Newspapers Ltd (UKSC 2015/0045)
24th January 2017 - 3 day hearing before the Supreme Court starts today. Richard Rampton QC and Kate Wilson for Times Newspapers Ltd
24/01/2017

Garnier Leads for SFO in its largest investigation and third UK DPA
17th January 2017 -Rolls-Royce PLC has reached agreements with the SFO in London, the DoJ in the United States, and prosecutors in Brazil to settle bribery and corruption allegations and will pay about $809 million for the global resolution following the completion of the SFO’s largest investigation since its establishment in the 1980’s.
17/01/2017

PNM v TNL & Ors before the Supreme Court
17 January 2017 – In what would be a landmark privacy ruling, the Appellant seeks an interim non-disclosure order to prevent his identification as a person arrested in connection with allegations of child sexual grooming/prostitution. The Respondents wish to publish reports of reporting restriction proceedings concerning the Appellant, in the course of which certain of the private information in question was referred to in open court. The issue before the Supreme Court is whether, following the decision in A v British Broadcasting Corporation (Scotland) [2014] UKSC 25, the Court of Appeal erred in its approach to balancing the privacy rights of a person arrested but never charged and subsequently ‘de-arrested’ for an offence, against the right of the press to report open court proceedings. Manuel Barca QC and Hannah Ready, instructed by Collyer Bristow LLP, will appear before Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Reed.
17/01/2017

Ian Helme to speak at the 10th annual Internet and Social Media Law Conference
30th November 2016 - The specialist event held by KNect 365 law on 1st December will cover the legal challenges surrounding the internet and social media with Ian Helme discussing internet content and injunctions, and the issues of whether material should or should not be blocked, during which he will examine the Cartier case and what it means for blocking injunctions in the IP world and beyond; the PJS privacy case and the challenges of enforcing injunctions in the internet age; and ensuring the necessity, proportionality and effectiveness of an injunction.
23/11/2016

Court of Appeal hearing in Lachaux v AOL (UK) Ltd commences
29 November 2016 - The case will result in the first appellate guidance on the interpretation of the ‘serious harm test’ introduced by section 1 of the Defamation Act 2013. Andrew Caldecott QC, Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin LLP, represent AOL, the publisher of the Huffington Post.
29/11/2016

News from One Brick Court – Defamation & Privacy Set of the Year
14th November 2016 - In January 2017, in accordance with its constitution, One Brick Court will have a new Head of Chambers: Sir Edward Garnier QC, with Manuel Barca QC as deputy head. Andrew Caldecott QC, Head of Chambers for the past 10 years, said: “I’m delighted to hand over to old and trusted friends. It’s been a privilege and a pleasure to give a little back to a chambers which has given me so much. I look forward to playing my part in the future work and success of One Brick Court”.
14/11/2016

Dr Suresh Deman v Associated Newspapers Limited & Baroness Flather [2016] EWHC 2819 (QB)
8th November 2016 - The High Court has today struck out a defamation claim brought by the academic, Dr Suresh Deman, over a Daily Mail article which was originally published in November 2011 and which has since formed part of the newspaper’s online archive. David Glen acted on behalf of the defendants (instructed by RPC).
08/11/2016

Ian Helme DPA interview
4th November 2016 - Ian Helme was interviewed by Alex Heshmaty of Lexis Nexis last week in relation to the record fine issued by the ICO following the widely publicised hack of TalkTalk.
04/11/2016

Shakeel Begg v BBC [2016] EWHC 2688 (QB)
28th October 2016 - Andrew Caldecott QC and Jane Phillips act for BBC in its successful defence of justification against Imam Shakeel Begg accused of extremism [by preaching jihad as the greatest of deeds] on the Sunday Politics show.
28/10/2016

Mini Pupillage 2017
4th January 2017 - Applications are now open for the next round of One Brick Court's mini-pupillage scheme. Please see our mini-pupillage page for further details on how to apply
09/12/2016

John Camp
24th October 2016 - Chambers is sad to report that John Camp, a member of Chambers from 1970 to 1986, died last week after a short illness. He had a distinguished copyright practice and edited Halsbury’s Laws on the subject.
24/10/2016

Jon Gaunt v United Kingdom
4th October 2016 - The European Court of Human Rights has rejected a challenge brought by the radio broadcaster and columnist, Jon Gaunt, against the United Kingdom Government. David Glen acted with David Anderson QC on behalf of the United Kingdom Government in the Strasbourg proceedings.
04/10/2016

Claire Overman to join Chambers
3rd October 2016 - Chambers is delighted to announce that Claire Overman has accepted an invitation to join 3rd October 2016 - Chambers as a tenant following the successful completion of her pupillage at One Brick Court. Claire studied for a BA in Law (with Law in Europe) and BCL at Keble College, University of Oxford, and Université Panthéon Assas (Paris II). She will practise in all Chambers’ main areas of expertise.
03/10/2016

Ian Helme to Speak at Foundations of IT Law Programme: Module 7 - Risk, Cyber and Computer Misuse
14th September 2016 - Ian Helme is today speaking at the SCL Foundations of IT Law programme; the event will focus on cyber security, computer misuse, liability for cyber risks and insurance of cyber risks.
14/09/2016

Bonham-Smith v Google UK Ltd
8th September 2016 – A claim brought on ‘right to be forgotten’ grounds in relation to the Google Search service has today been struck out. This was on the basis that Google UK, which does not own or operate the Search service, was not a proper party to the proceedings. The decision comes in the wake of Warby J’s judgment in Richardson v Google UK Ltd [2015] EWHC 3154 (QB) in which the same conclusion was upheld in relation to proceedings concerning the Google Blogger service. Hannah Ready, instructed by Pinsent Masons LLP, acted for Google UK in Bonham-Smith. David Glen, instructed by Pinsent Masons LLP, acted for Google UK in Richardson.
08/09/2016

IPSO launches its Arbitration Scheme
5th August 2016 - IPSO has today announced the launch of its pilot arbitration scheme. The scheme enables members of the public to bring legal complaints against IPSO members who have signed up to the scheme. If successful, complainants may be entitled to remedies and costs. The scheme is a pilot only, and IPSO has said it will review it after 12 months. Details of the scheme and how it will work alongside the established complaints procedure are available on IPSO’s website.
05/08/2016

Economou v De Freitas [2016] EWHC 1853 (QB)
27th July 2016 - First "public interest" defence succeeds after landmark trial. Manuel Barca QC and Ian Helme represented the Defendant.
27/07/2016

Chambers and Partners Bar Awards 2016
27th October 2016 - One Brick Court are absolutely delighted to announce that we have this evening been awarded Defamation Chambers of the Year at the Chambers and Partners 2016 Bar Awards.
27/10/2016

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.
28/09/2015