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Clara Hamer 2018-06-21T15:28:46+00:00

Project Description

Clara Hamer

Clara Hamer

Call: 2013

She has a strong, all-round knowledge of media law.”

Clara Hamer
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Email Clerks
020 7353 8845

Barrister Overview

Clara specialises in all aspects of media, communications and information law and acts for both claimants and defendants. Her clients have included national and international media organisations, multinational corporations, charities, regulatory bodies, private individuals, and public authorities. Clara regularly provides pre-publication advice on areas such as privacy, libel 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 copy-editor.

Recognition

Her work is thorough, well argued and she has a strong, all-round knowledge of media law” Chambers and Partners 2018

Representative Cases

Defamation

Homer v Hollingsworth (2018) – For the claimant in a slander action.

Miah v BBC [2018] EWHC 206 (QB) – Junior Counsel for the BBC, led by Catrin Evans QC, in a libel, privacy and data protection claim arising from a broadcast and online article about an NHS investigation.

Kozbar v Telegraph Media Group Ltd (2017) – Junior Counsel for the Sunday Telegraph, led by David Price QC, in a libel claim.

Hare v McGregor (2017) – For the defendant in a successful application for summary judgment involving consideration of issues including ‘serious harm’ in a libel action arising from a letter and Facebook posts.

May v Times Newspapers Ltd (2017) – For The Sunday Times in a successful summary judgment / strike out application involving statutory qualified privilege, Jameel abuse of process, and the serious harm threshold.

Osborn v Phillips (2017) – For the claimant in a successful libel, data protection and harassment claim arising from the publication of a false allegation of paedophilia.

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) – While on secondment at the BBC, assisted Catrin Evans QC with defending a libel action arising from a radio broadcast.

Williamson v PEP Publishing Ltd (2014) – For the publisher of Love It! magazine in 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 as sole 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.

Demouh v Times Newspapers Ltd (2017 – ) – For The Sunday Times, led by Catrin Evans QC, in a privacy and data protection claim arising from an article about benefit cuts.

Silverman v Renegade Pictures Ltd (2017) – For the defendant documentary producer in an Article 8 and trespass claim arising from the filming of a police arrest.

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.

Pearn v PeoplePlus Group Ltd (2017) – For the defendant provider of a Department of Work and Pensions work programme in a successful application to strike out a data protection and defamation claim.

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 the courts, access to court documents and 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.

Cases and News

Publications and Seminars

Contributor to Arlidge, Eady & Smith on Contempt, 5th edition, 2017 & 4th edition, 2015

Data Breaches: Assessing the Harm, One Brick Court Seminar Broken Boundaries: New Frontiers in Media and Information Law, June 2017

LexisNexis Q&A, “Anonymity Orders in Harassment Claims: Khan (formerly JMO) v Khan (formerly KTA) [2018] EWHC 241 (QB)”, March 2018

Panellist at Young Barristers’ Committee of the Bar Council and Foreign Press Association event “Free Speech in an Online World”, April 2018

Qualifications

MA (Cantab), Social and Political Sciences, University of Cambridge (Fitzwilliam College)

Reddaway Scholarship; Burton Prize; and Fitzwilliam Foundation Essay Prize 2009

Graduate Diploma in Law, City University (Commendation)

BPTC, City University (Outstanding)

Inner Temple Major Scholarship, 2012

Winner, Inner Temple Lawson Moot, 2013

Inns of Court Pegasus Scholarship, 2015

Privacy Notice

Name and contact details of the Data Controller

Clara Hamer
One Brick Court
Temple
London EC4Y 9BY
Tel: 020 7353 9945
Email: clerks@onebrickcourt.com

Individuals to whom this Privacy Notice applies
1. This notice applies to all those whose personal data I process in the course of my practice as a barrister. It applies to you if (a) you are an individual and I have been instructed to act on your behalf (that is, you are “my client”), (b) you are a person mentioned in my case papers whether because you work for or are otherwise connected with a company, organisation or public body which has instructed me to act on its behalf or because, for example, you are a witness or are referred to in documents with which I have been supplied, (c) you are my instructing solicitor, (d) another lawyer or professional involved in a case in which I am acting, or (e) a member, pupil or employee at One Brick Court. If you are my client, you will have received a copy of this Privacy Notice when I was first instructed on your behalf.

Collection, use and reasons for processing your personal information
2. What information I obtain, and why and how I use that information, varies with the source and type of information:

Personal information where I am acting for you
2.1. If you are my client, I collect and store your personal details, other information that you have provided to me or your solicitor in connection with your case, and information about you contained in documents provided by others involved in the case, such as witnesses and opposing parties. This information may be obtained upon receipt of instructions, receipt of documents sent by your solicitor or other lawyers involved your case, or from you directly.

Personal information of individuals who are not my client
2.2. If you are not my client, you should know that I collect and store the names, employment details and contact details of third parties with whom I deal in the course of my practice, and the personal data of individuals contained in instructions, case papers and communications in cases in which I am instructed. This information may be obtained upon receipt of instructions, upon enquiries being made about my services, through dealings with third parties concerned with my work, from you directly or from enquiries being made by me about you, your work or your services.

2.3. If you are a member of Chambers, a pupil or employee at One Brick Court, I collect, store and use your name, contact details, work done by you (if you are a pupil), and other information about you that may be contained in Chambers internal documents or that you provide to me yourself.

3. The purposes for which I process the above personal data are the provision of legal services, the administration of my practice (including my membership of One Brick Court), legal research, practice development and marketing, training and assessing pupils, training mini-pupils and work experience students, and dealing with any complaints or disputes. The processing of the above personal data is necessary for those legitimate interests. Where I process your personal data for those legitimate interests, I have taken into account your data rights and considered that they do not override my interests in relation to the data I hold and the use I make of those data.

4. I lawfully process some of the above personal data in order to be able to comply with my legal obligations, for example dealings with HMRC.

5. If your personal data reveal your racial or ethnic origin, your political opinions, religious or philosophical beliefs, or your trade union membership, data concerning your health or data concerning your sex life or sexual orientation, or data relating to your criminal convictions and offences or related security measures, I will only process those data where you have given your explicit consent, where the processing relates to personal data which are manifestly made public by you, where the processing is necessary for the establishment, exercise or defence of legal claims, or where the processing is otherwise permitted by law.

6. I will retain your personal data for so long as is necessary for the purposes identified above. This may vary depending on the context in which I acquired the data and the purpose for which I process those data, and, in the event of any sort of dispute for as long as is necessary to resolve it.

Security of your personal information
7. I take appropriate technical and organisational measures to prevent the loss, misuse or alteration of personal information.

Sharing your personal data
8. I may disclose your personal data to third parties where it is reasonably necessary to carry out any of the purposes set out above in this Notice.

Your rights
9. You may at any time:

9.1 Ask for confirmation that I am processing your personal data and request a copy.
9.2 Request the rectification of your personal data or for your data to be completed if data are incomplete.
9.3 Request that I erase your personal data.
9.4 Request that I restrict the extent of my processing of your personal data.
9.5 Request receipt of the personal data you have provided for transmission to another data controller, or request that I provide those data directly to another data controller.
9.6 Object to my processing of your personal data.

10. I will need to verify your identity before I can comply with any request.

11. I may be entitled or obliged to refuse your request or objection. If I do so, I will give you my reasons.

12. You have a right to complain about my processing of your personal data, including how I have responded to any request you’ve made about how I use your personal data, to the Information Commissioner (www.ico.org.uk and/or 0303 123 1113) the Supervisory Authority of any EU Member State.