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Defamation, Data, Privacy: Shaping New Law into Solution-Focused Answers for Clients

  • Wednesday, 27th November 2019
  • The Caledonian Club 9 Halkin Street London SW1X 7DR
  • 5 hrs CPD

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Answers to 12 Thorny Questions: Directly from 8 QCs, Senior Juniors and Solicitors of Outstanding Ability

  1. Registration and coffee

  2. Chair's introduction

    Defamation, Data, Privacy: 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." Clients include Sir Elton John, Simon Cowell, Bryan Adams and James Blunt.

  3. Serious harm

    What are the unresolved issues - legal and practical - and ramifications for clients of the Supreme Court's decision on serious harm in Lachaux v IPL?

    Answered by: Heather Rogers QC of Doughty Street Chambers

    Heather is "a complete star - one of the very best silks - she develops her cases in such interesting ways." She acted for Katie Price in a claim against her manager and former husband.

  4. Social media

    What is the potency of techniques for taking down defamatory posts or ones that infringe privacy from social media?

    Is Voller v Facebook going to make a difference?

    Answered by: Dan Tench of CMS

    Dan acted for the claimants in the hotly contested data protection case of Vidal-Hall & Ors v Google. He is "a top-tier lawyer who knows his stuff and is extremely well connected."

  5. Morning coffee

  6. NDAs

    When will courts enforce an NDA and when is it in the public interest for a source who has signed an NDA to be free to make allegations?

    How can you expect judges to react?

    Answered by: Lord Garnier QC of 4 Pump Court

    Edward advised two data analysis companies accused of improper conduct over the UK EU referendum and the US Presidential election. "He is a brilliant strategist and lawyer."

  7. Quantum

    Against a backdrop of recent and live cases, how do you quantify - with accuracy - damages in (1) privacy cases and (2) data post GDPR?

    What can you achieve?

    Answered by: Adam Wolanski QC of 5RB

    Adam acted for Times Newspapers in a Court of Appeal case about the identification of a Russian oligarch. He is a co-author of "The Law of Privacy and the Media." "His advice is superb."

  8. Overrun

  9. Lunch

  10. Context

    How has Stocker v Stocker changed existing thinking on context, when determining meaning in a libel action?

    What counts and what will sway a court?

    Answered by: Jonathan Price of Doughty Street Chambers

    Jonathan acted in Stocker v Stocker which looked at meaning, justification and legal responsibility for online publication. "He is quite simply a brilliant junior barrister."

  11. Open justice

    What is realistic and achievable for non-parties seeking to access court documents under the principle of open justice following Cape Holdings v Dring?

    What is the significance for practice?

    Answered by: Catrin Evans QC of Matrix

    Catrin is "brilliant - a joy to work with - and a problem solver." She acted for the BBC in a breach of confidence claim about the disclosure of data to worldwide media organisations.

  12. Jurisdiction

    How do you persuade the English Court to hear a libel claim where there is an international element; how do you persuade it not to?

    Answered by: Aidan Eardley of 5RB

    Aidan defended the BBC against Sir Cliff Richard's claim about misuse of private information and unlawful processing of data. “He has an exceptional brain and a first-class work ethic."

  13. Over-run

  14. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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