The Legal 500

The continued and increasing use of the Offer of Amends regime and other factors, such as the potential ‘chilling effect‘ of Conditional Fee Agreements are seen by some as meaning that fewer cases are coming to court, with the result that the capacity at the libel Bar is quite focused. Barristers in this section are considered for their ability to handle direct instructions from in-house media lawyers as well as from law firms.

With appellate victories in defamation cases like Curistan, Jeynes and Burstein, One Brick Court has enjoyed an excellent 2008. Andrew Caldecott QC embodies the set’s best values; he has ‘a brilliant mind‘, is ‘always effective‘, and ‘valued and respected by all.‘ Richard Rampton QC and Stephen Suttle QC also remain prominent. The set’s ability to field large teams is evident - Richard Rampton QC, Jane Phillips and Ian Helme for the claimant in Taranissi v BBC, with Manuel Barca and David Glen for the BBC. Barca ‘gives people confidence and in libel, someone who inspires confidence is critical‘. He ‘produces papers when promised with spot-on advice.‘ Catrin Evans is ‘tenacious and personable‘, ‘sound and gifted‘ as a lawyer. Cases like Tesco v Guardian Newspapers and Bond v BBC illustrate the ease with which she fulfils the role of an ideal junior. Sarah Palin’s experience as a journalist gives her ‘unique and extremely helpful perspectives‘; she is ‘technically very able‘. Elsewhere, Joanne Cash is ‘dependable and assured‘; Aidan Eardley is ‘building his reputation‘ and Jane Phillips is ‘highly able, incisive and pragmatic‘. Caroline Addy is also ‘first-rate and commercial‘. Kate Wilson and Ian Helme are also highly recommended for ‘getting stuck in and giving a case their all‘. The clerking is ‘responsive and sensible on fees‘ and noted for ‘responsiveness, helpfulness and efficiency‘.

5RB enjoys ‘fantastic clerking‘ and is a ‘leading libel set, with one of the biggest ranges of barristers, providing excellent service‘. ‘Without equal‘, Desmond Browne QC’s 2009 tenure as Bar Council chairman has meant his superlative advocacy skills have been employed elsewhere. James Price QC’s engagement in major privacy cases is particularly noteworthy, including in Mosley v News Group. Price is ‘composed and cool under pressure, and doesn’t fail to deliver‘; he is ‘a genuine powerhouse, entirely without pretension, or histrionics‘. ‘One of the superstars of the Bar‘, say media lawyers of Adrienne Page QC, who remains popular for cases with a medical angle; she acts for the BBC in Taranissi. Mark Warby QC’s privacy law skills were deployed in Murray v Big Pictures in the Court of Appeal. He also appeared in three contested libel trials, one involving a hung jury and subsequent retrial, (Ivereigh). In Justin Rushbrooke ‘depth of expertise‘, David Sherborne ‘ the number one junior for privacy matters‘, and Jacob Dean who has ‘quiet authority‘, the set possesses possibly ‘the best three juniors at the libel Bar‘. The ‘outstanding quality of junior counsel‘ includes Jonathan Barnes, who has an ex-solicitor’s experience in handling paperwork, alongside an ability to present corporate claims cogently. Matthew Nicklin provides ‘reliable, consistent advice and commitment to the client’s interests‘. William Bennett’s skills helped make law in Warren v Random House. Solicitors say he is ‘precise and analytical, distilling facts easily‘.

At Doughty Street Chambers, Sir Andrew Nicol QC’s appointment to the bench has been more than balanced with Heather Rogers QC’ arrival from Matrix Chambers. Heather Rogers QC is ‘incredibly diligent, taking an analytical and academic approach‘. Gavin Millar QC appeared in the appeal in ex parte Trinity Mirror (on reporting restrictions), as well as in The Times Newspapers Ltd (on SAS courts-martial). In R v Kearney, he achieved a celebrated win on the extent of permissible interference with a journalist’s human rights. Guy Vassall-Adams is recommended for ‘client focus and his intellectual calibre‘.

Ronald Thwaites QC at Ely Place Chambers takes ‘a very commercial tactical approach‘, is ‘brilliant with a jury‘ and ‘supplies the energy needed to see a case through‘. Clients say that he ‘always makes himself available‘. He achieved a big win in the re-trial of Ivereigh. His junior in that case, William McCormick, was also led by Mark Warby QC in the long-running Adelson litigation. McCormick is ‘bright, enthusiastic and good to deal with.‘ The ‘clerking is good‘, say solicitors.

Richard Spearman QC of 4-5 Gray’s Inn Square enjoys an excellent reputation for legal insight in privacy matters. Solicitors describe him as having ‘an aura few other counsel in the field possess‘; he is ‘pragmatic and commercial, with an amazing eye for detail and ability to retain information‘. James Strachan’s approach is seen as ‘very positive‘. The set are seen as ‘consistently good, and the clerking team commendable‘.

Matrix Chambers retains ‘a commercial and pragmatic view of matters‘. Human Rights Act expert Hugh Tomlinson QC has seen victories in Re Times Newspapers, regarding an SAS courts-martial, and Gentoo. His representation of Robert Murat (in defamation) was notable for a record libel settlement of £600,000. He is an ‘excellent advocate‘ who also acted for singer Lily Allen, on privacy issues regarding the paparazzi. Data protection expert Antony White QC is ‘excellent‘ on this area and on privacy matters. Lorna Skinner is praised for her ‘advice and advocacy; she is aware of the tactical issues which come into play‘ in these cases.

Other notable practitioners include John Kelsey-Fry QC at Cloth Fair Chambers, who is ‘an extremely good jury advocate, with a lovely manner and unpretentious‘. His advice is ‘impartial and commercially sound‘. Thomas Grant at Maitland Chambers handles matters involving confidentiality; Robert Deacon at 11 Stone Buildings is ‘competent, responsive, thorough and accommodating‘.