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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.
Mini Pupillage 2016
3rd November 2015 - 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
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.
Clare Kissin leaves One Brick Court to join the Government Legal Department
1st May 2015 - After 5 ½ years in practice Clare Kissin has decided to swap the independent Bar for the Government Legal Department (formerly Treasury Solicitor). She will be working in the Ministry of Justice private law litigation team where she will represent the Government in litigation relating to prisoners.
Complaint to IPSO under Clause 9 of the Editors’ Code of Practice (Reporting of Crime) upheld
22nd April 2015 - The Independent Press Standards Organisation (IPSO) has upheld a complaint against The Times over the use of a photograph of a man arrested on suspicion of murder together with a woman who was “plainly not personally relevant to the story”.
Lachaux v AOL (UK) Ltd  EWHC 915 (QB)
2nd April 2015 - AOL has successfully applied to have serious harm under section 1 of the Defamation Act 2013 tried by way of a preliminary issue. Manuel Barca QC and Hannah Ready, instructed by Lewis Silkin, represent AOL
One Brick Court - Seminar on ‘False Information: the new legal battlegrounds’
8th April 2015 - The seminar on 16th April will be chaired by Andrew Caldecott QC and will include sessions led by members of chambers, followed by a scenario based panel discussion. Few remaining places can be booked by emailing firstname.lastname@example.org
R(Evans) v Attorney General
26th March 2015 - The Supreme Court has dismissed the Attorney General’s appeal concerning his attempt to veto disclosure of correspondence between the Prince of Wales and government ministers. It is anticipated that the case will now resume in the Upper Tribunal, where, prior to the veto, the government departments were seeking permission to redact some of the correspondence before it is provided to Guardian journalist Rob Evans.
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.
12th March 2015
Ex parte interim non-disclosure Order discharged by Dingemans J at the return date hearing in Earley v Winnifrith. Kate Wilson appeared for the Applicant and Hannah Ready for the Respondent
Edward Garnier to be made Member of Her Majesty's Privy Council
12th March 2015 - Sir Edward Garnier QC, MP for Harborough, Oadby and Wigston, is to be appointed to Her Majesty’s Privy Council, a formal body of advisers to The Queen.
“Plebgate” libel action finally settles.
4th March 2015 - It was announced today that the libel action by PC Rowland against Andrew Mitchell MP has settled on payment by Mr Mitchell to Mr Rowland of £80,000 in damages plus costs. Catrin Evans and Clara Hamer were junior counsel for Mr Rowland (instructed by Slater & Gordon (UK) LLP).
“PNM” obtains permission to appeal to the Supreme Court
19th February 2015 - In October 2013, Tugendhat J refused to grant an interim non-disclosure order preventing the identity of “PNM” as an arrestee from being disclosed, a decision later upheld by the Court of Appeal. Permission has now been granted to appeal to the Supreme Court. Manuel Barca QC and Hannah Ready, instructed by Collyer Bristow LLP, represent “PNM”.
Ames v The Spamhaus Project Ltd
30th January 2015 - In a judgment handed down this week, Warby J refused to strike out a defamation claim brought by claimants resident in California, in respect of publications on the Spamhaus Project website. In so doing, he dealt with the important issue of the interaction between the Jameel test of ‘real and substantial tort’ and the 'serious harm' test in s.1 Defamation Act 2013. Ian Helme, instructed by Olswang LLP, acted for the Defendants.
Duncan and Neill on Defamation
30th January 2015 - The fourth edition of Duncan and Neill on Defamation, published in the Butterworths Common Law series, is now on sale. Written by Sir Brian Neill, Richard Rampton QC, Heather Rogers QC, Timothy Atkinson and Aidan Eardley, the new edition has been completely revised to take account of the Defamation Act 2013. It also includes chapters on malicious falsehood, misuse of private information, harassment and data protection.
Simpson v MGN Ltd
21st January 2015 - In a trial of a preliminary issue, Warby J has determined the defamatory meaning borne by a Daily Mirror article which is the subject of a libel action brought by Premiership footballer Danny Simpson. In consequence Warby J struck out the newspaper’s defence of justification and entered judgment for Mr Simpson. Permission to appeal was refused. Manuel Barca QC and Aidan Eardley acted for Mr Simpson, instructed by Lewis Silkin LLP.
Court of Appeal hears appeal in J K Rowling case today
21st January 2015 - Longmore LJ, Ryder LJ and Sharp LJ have been hearing the appeal in Murray v Associated Newspapers Ltd today. The Claimant is the author known as J K Rowling. Andrew Caldecott QC and Sarah Palin, instructed by RPC, act for the Defendant/Appellant.
Jonathan Scherbel-Ball appointed to Attorney General's "C" Panel
1st March 2015 - We are delighted to announce that Jonathan Scherbel-Ball has been appointed to the Attorney General’s “C” Panel of approved counsel. It is a 5 year appointment which will complement his practice of media and information law.
The Court of Appeal begins hearing a 3-day appeal in Cruddas v Calvert & Ors today.
9th December 2014 - The appeal will be heard by Jackson LJ, Ryder LJ and Christopher Clarke LJ. Richard Rampton QC and Aidan Eardley of One Brick Court, with Heather Rogers QC, act for the Defendants/Appellants, instructed by Bates Wells and Braithwaite.
Vidal-Hall & ors v Google Inc. in the Court of Appeal
8th December 2014 – Google’s appeal in a case about cookies and privacy rights will be heard in the Court of Appeal today, 8 December. The constitution is the Master of the Rolls, McFarlane and Sharp LJJ. Catrin Evans is junior counsel for Google (instructed by Bristows LLP).