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

Chair's Introduction

Defamation, Privacy, Data: Shaping new law into solution-focused answers for clients

Chaired by: Dan Tench of CMS

Dan is "a miracle worker and the person you want in case something is more complex than people have realised." He acted in the hotly contested Vidal-Hall & Ors v Google.

Serious Harm

What - right now - amounts to 'serious harm' after the spate of recent cases, including the impact of 'the rule in Dingle'?

Answered by: Heather Rogers QC

Heather acted in the media intervention on the public interest defence in Serafin and in Barclay v Barclay over allegations of surreptitious recording. “She’s brilliant - a complete star”.

Lachaux

How has the Lachaux litigation changed existing thinking on publication on a matter of public interest, including the wider social media implications?

Answered by: Jonathan Price

Jonathan acted in Lachaux v Independent Print and Serafin v Malkiewicz over publication on a matter of public interest. "He is quite simply a brilliant junior barrister.”

3rd party hosts

How do you get a third-party host to take down a website that contains defamatory publications and pursue claims against persons unknown who operate online?

Answered by: Adam Wolanski QC

Adam represented the newspaper in Johnny Depp's highly publicised libel action against News Group Newspapers. "He is spectacular in written submissions and strategic advice.”

Accuracy

What does "accuracy" mean in the context of the Data Protection Act?

How does it fit in with defamation concepts and when can one or both be used?

Answered by: William Bennett QC

William acted for Martin Lewis, the Money Saving Expert, in a groundbreaking claim against Facebook for the publication of adverts showing fake endorsements.

ZXC v Bloomberg

Assessing all the legal scenarios, what are the implications of the ZXC v Bloomberg litigation over the reporting of crime and arrests pre-charge?

Answered by: Sara Mansoori QC

Sara acted for the claimant in the privacy and data protection claim ZXC v Bloomberg. "Her ability to get to the heart of the case and pre-empt the other side is superb."

Copyright

How potent are intellectual property arguments, when pleaded alongside defamation, such as copyright disparagement and copyright privacy?

Answered by: Romana Canneti

Romana acted in Lachaux and Serafin and defended multiple copyright claims against publishers. She worked as an in-house legal adviser to the Independent and Evening Standard.

Data control

Against the backdrop of Lloyd v Google, what damages are recoverable for loss of control of data and what is the likely impact on representative actions?

Answered by: Guy Vassall-Adams QC

Guy represented the World Anti-Doping Association in a libel claim brought by a professional footballer Mamadou Sakho. "He is superb on the law and brilliant to work with."

Anonymity

How can you expect the court to react to the anonymity of claimants in light of A v Burke and Hare UKEATS: the right to privacy against open justice?

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's exceptional for cases with a political edge."