Defamation and Media: Shaping New Law into Solution-Focused Answers for Clients

Chairman's Introduction

Defamation and Media: Shaping New Law into Solution-Focused Answers for Clients

Chaired by: Nigel Tait of Carter Ruck

Nigel is a "legend in his own lifetime - there is no media attack he hasn’t encountered and neutralised". Notable clients include Sir Elton John, Simon Cowell, Bryan Adams, James Blunt.

​Social Media

Where is the line when it comes to defamation on Social Media, with reference to the IMPRESS award in Dennis Rice v Byline Media and the Jack Monroe v Katie Hopkins case?

Answered by: Dan Tench of CMS

Dan is a "guru for defamation and reputation management". He is experienced at securing injunctions and judgements in cutting edge internet cases. He is a highly gifted public speaker.

​Public interest

What can you infer about the future direction of defamation law from the Court’s first substantive consideration of section 4 of the 2013 Act: the defence of publication on matter of public interest?

Answered by: Heather Rogers QC

Heather is "a superb silk for defamation claims". She defended Elaph Publishing against proceedings brought by His Highness Prince Moulay Hicham in the Court of Appeal.

​Serious harm

Drawing on live cases, what constitutes serious harm?

When should it be tried as a preliminary issue instead of a direct application for summary judgment/strike out?

Answered by: Adrienne Page QC

Adrienne is "a brilliant legal mind and a pleasure to work with”. She acted in the landmark Lachaux litigation on the threshold of the s. 1 "serious harm" test.

​Data protection

Despite all the noise, does the DPA in reality provide an effective privacy remedy or has its value been exaggerated?

When does the DPA give claimants the edge?

Answered by: Hugh Tomlinson QC

Hugh is "brilliant - at the top of his game - a huge influence on all information lawyers". He acted in the Court of Appeal in the landmark Vidal-Hall litigation.

Offer of amends

How is the Court approaching the offer of amends procedure?

What is it regarding as being most serious?

How generous is it being when deciding on quantum of damages?

Answered by: Justin Rushbrooke QC

Justin brings a huge number of the most closely watched cases to the table. He is a “problem solver – practical, positive and with ground-breaking knowledge”.

​Privacy

To what extent is "a reasonable expectation of privacy" trumping the press’s right to freedom of expression?

Going beyond the media, what is being said about defending privacy claims generally?

Answered by: Gavin Millar QC

Gavin is dubbed "the best media silk currently practising". He was involved in the Leveson Inquiry, Edward Snowden’s disclosures, “plebgate” and the “PJS” celebrity injunction.

Injunctions

Can the open justice principal ever be overridden to give effect to individuals' article 8 rights in the light of Khuja (PNM) v Times Newspapers?

Answered by: Adam Wolanski of 5RB

Adam is a “leading defamation junior", who is "absolutely excellent in every respect". “Brilliant, faultless and user-friendly", he is co-author of ‘The Law of Privacy and the Media’.