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

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.

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

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.

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."

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

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."

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

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."

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."

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.

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."