Andrew Monson

Profile

Andrew is a versatile barrister with extensive experience of, and expertise in, jury advocacy; heavyweight IP, commercial and common law litigation, including advocacy in the Chancery Division against leading IP silks; media, entertainment and sports law.

Over the years he has acted against for and against all the national newspapers; major broadcasters such as the BBC, ITN and Channel Four; and various internet service providers. Claimant clients include many well known figures from the worlds of entertainment, the media, sport and politics. Identified as a leader in his field by Legal 500, he was described as “a cool customer” who delivers “sound, down to earth advice” (Legal 500, 2007 edition).

He is the lead author of Privacy and the Administration of Justice, and a co-author of Privacy and Copyright, chapters in Privacy and The Media (OUP, 2002). His human rights expertise has been enhanced through sitting as an Immigration Judge since April 2002 and deciding asylum and deportation appeals.

His recent reported cases include acting for the claimant in Sharma v Associated Newspapers (Eady J and Jury April 2008: successful libel claim by Air India executive falsely accused of sexually molesting staff at Heathrow); two long-running libel claims by champion jockey Kieren Fallon against The News of the World and The Racing Post over false race-fixing allegations, which have been resolved in his favour; defending jockey Stuart Webster against corruption charges in HRA discplinary proceedings (Webster was found not guility of stopping horses or of promising to do so); Kewell v Lineker (Eady J and Jury: acted for Australian international in libel trial over article by Gary Lineker in Sunday Telegraph about his transfer to Liverpool – the result was a draw);  Unicorn Strategies PLC & Anor v London General Holdings & Ors (defended multinational insurance group in heavweight IP action concerning allegations of breach of copyright and commercial confidentiality and involving difficult questions about the scope of protection afforded by legal advice privilege after Three Rivers, questions which were largely resolved in the defendants’ favour; he also succeeded in Court of Appeal in overturning an award against the defendants for loss of profit damages); Vassiliev v Frank Cass & Co (Eady J and Jury: successful fair comment and qualified privilege defence of publisher over allegations in learned article published on internet that a former KGB officer turned journalist had misrepresented the content of secret KGB files when seeking to prove that a high-ranking official in the US government was a Soviet agent during the Cold war).

Career

Called

1983 Called to the bar

Education

Eton College - 1972-1977
Merton College, Oxford (Scholar and obtained First Class Degree in English Literature) - 1978-1981
City University, Islington (Diploma in Law) - 1982

Qualifications

Immigration Judge - April 2002

Areas of work

  • Contempt
  • Data Protection
  • Defamation
  • General Common Law
  • Injunctive Relief
  • Intellectual Property
  • Malicious Falsehood
  • Media Law
  • Pre-publication Advice
  • Privacy and Confidence
  • Sports Law

Testimonials

“I do not believe that Harry Kewell’s case could have been better presented to a Judge and Jury. Andrew Monson is an excellent advocate. His opening and closing speeches were lucid and eloquent, and his cross-examination was rigorous, thorough and effective”  Chris Farnell, Hill Dickinson

“Impressive at grasping very quickly a complex factual matrix. Very user friendly. Quick and dependable with advice. A team player.” Ian De Freitas, Berwin Leighton Paisner

“Prepared to fight the client’s corner and make himself available at any time to both client and solicitor for discussion on merits and tactics. I am happy to recommend him.” David Speker, Kingsley Napley

“Gives meticulous attention to his cases, makes use of all the available material and always listens to and takes note of the views of his solicitors and clients. Very supportive in difficult situations.” Jonathan Leslie, Travers Smith Braithwaite

“In addition to having a very significant media and defamation practice, Andrew has an unrivalled knowledge of the law in relation to publicity in family cases. Andrew represented Ms Clibbery in the landmark case of Clibbery v Allan [2001] 2 FLR 819.” James Stewart, Reynolds Porter Chamberlain 

Languages

French

Memberships

BASL
Bar Lawn Tennis Society (Match Manager and Secretary)

Cases

Defamation

McKeown v Attheraces Ltd (No 2)

[2011] EWHC 3232 (QB) 07/12/2011

McKeown v Attheraces Ltd

[2011] EWHC 179 (QB); [2011] ISLR, SLR-163 07/02/2011

Kieren Fallon v MGN Limited (No 3)

16/06/2008

Sharma v Singh & Associated Newspapers (No. 2)

[2008] EWHC 683 (QB) 13/03/2008

Sharma v Singh & Associated Newspapers Ltd

[2007] EWHC 2988 (QB) 17/12/2007

Baker v Maynard

[2006] EWHC 1342 (QB) 18/05/2006

Fallon v MGN Ltd (No.2)

[2006] EWHC 783 (QB); [2006] EMLR 548 10/04/2006

Fallon v MGN Ltd

[2005] EWHC 1572 (QB) 10/02/2005

Vassiliev v Frank Cass & Co Ltd

[2003] EWHC 1428 (QB); [2003] EMLR 761 13/06/2003

ICN Photonics Ltd v Patterson

[2003] EWCA Civ 343 13/03/2003

Wilkey & Another v BBC

[2002] EWCA Civ 1561; [2003] 1 WLR 1; [2002] 4 All ER 1177 22/10/2002

Privacy and Confidence

Sharma v Singh & Associated Newspapers (No. 2)

[2008] EWHC 683 (QB) 13/03/2008

London General Holdings v USP Holdings plc

[2005] EWCA Civ 931; [2006] FSR 6; (2005) 28(10) IPD 28073 22/07/2005

USP Strategies plc & Anor v London General Holdings Ltd & Ors

[2004] EWHC 373 (Ch) 01/03/2004

Kaye v Robertson & Sport Newspapers Ltd

[1991] FSR 62; The Times 21 March 1990 16/03/1990

Sports Law

McKeown v Attheraces Ltd

[2011] EWHC 179 (QB); [2011] ISLR, SLR-163 07/02/2011

McKeown v British Horseracing Authority

[2010] EWHC 508 (QB); [2010] ISLR, SLR-87 12/03/2010

Horseracing Regulatory Authority v Fitzpatrick & Others

16/02/2007 16/02/2007

Fallon v MGN Ltd (No.2)

[2006] EWHC 783 (QB); [2006] EMLR 548 10/04/2006

Fallon v MGN Ltd

[2005] EWHC 1572 (QB) 10/02/2005

Intellectual Property

London General Holdings v USP Holdings plc

[2005] EWCA Civ 931; [2006] FSR 6; (2005) 28(10) IPD 28073 22/07/2005

Reporting the Courts

Clibbery v Allan

[2002] EWCA Civ 45; [2002] Fam 261; [2002] 2 WLR 1511; [2002] 1 All ER 865; [2002] 1 FLR 565 30/01/2001

Copyright

London General Holdings v USP Holdings plc

[2005] EWCA Civ 931; [2006] FSR 6; (2005) 28(10) IPD 28073 22/07/2005

USP Strategies plc & Anor v London General Holdings Ltd & Ors

[2004] EWHC 373 (Ch) 01/03/2004

Human Rights

Clibbery v Allan

[2002] EWCA Civ 45; [2002] Fam 261; [2002] 2 WLR 1511; [2002] 1 All ER 865; [2002] 1 FLR 565 30/01/2001

Injunctive Relief

Kaye v Robertson & Sport Newspapers Ltd

[1991] FSR 62; The Times 21 March 1990 16/03/1990

Malicious Falsehood

ICN Photonics Ltd v Patterson

[2003] EWCA Civ 343 13/03/2003

Kaye v Robertson & Sport Newspapers Ltd

[1991] FSR 62; The Times 21 March 1990 16/03/1990

Media Law

McKeown v Attheraces Ltd (No 2)

[2011] EWHC 3232 (QB) 07/12/2011

Kieren Fallon v MGN Limited (No 3)

16/06/2008

Sharma v Singh & Associated Newspapers (No. 2)

[2008] EWHC 683 (QB) 13/03/2008

Sharma v Singh & Associated Newspapers Ltd

[2007] EWHC 2988 (QB) 17/12/2007

Baker v Maynard

[2006] EWHC 1342 (QB) 18/05/2006

Fallon v MGN Ltd (No.2)

[2006] EWHC 783 (QB); [2006] EMLR 548 10/04/2006

Vassiliev v Frank Cass & Co Ltd

[2003] EWHC 1428 (QB); [2003] EMLR 761 13/06/2003

Wilkey & Another v BBC

[2002] EWCA Civ 1561; [2003] 1 WLR 1; [2002] 4 All ER 1177 22/10/2002

Clibbery v Allan

[2002] EWCA Civ 45; [2002] Fam 261; [2002] 2 WLR 1511; [2002] 1 All ER 865; [2002] 1 FLR 565 30/01/2001

Kaye v Robertson & Sport Newspapers Ltd

[1991] FSR 62; The Times 21 March 1990 16/03/1990

Professional Discipline

McKeown v Attheraces Ltd

[2011] EWHC 179 (QB); [2011] ISLR, SLR-163 07/02/2011

Horseracing Regulatory Authority v Fitzpatrick & Others

16/02/2007 16/02/2007

Publishing

Vassiliev v Frank Cass & Co Ltd

[2003] EWHC 1428 (QB); [2003] EMLR 761 13/06/2003

Kaye v Robertson & Sport Newspapers Ltd

[1991] FSR 62; The Times 21 March 1990 16/03/1990

Publications

The Copyright and Related Rights Regulations

By Andrew Monson. 1 Apr 2004

News

27 Sep 2011

‘Truly experts’

The Legal 500 review 2012

17 Mar 2011

New edition of privacy book published

Second edition of Tugendhat & Christie: The Law of Privacy and the Media published

16 Mar 2010

Jockey fails in BHA claim

High Court upholds main findings but orders re-hearing on new evidence and length of ban

24 Sep 2009

5RB’s juniors: the Legal 500 verdict

What the legal directory had to say about 5RB's junior barristers

30 Apr 2008

Air India chief wins libel trial

Jury award Captain Sharma £85k over Standard's sexual harassment claims

21 Apr 2008

Air India executive libel trial begins

Evening Standard defends sexual harassment claims

20 Sep 2007

5RB tops Legal 500

20 Barristers rated and recommended in Defamation, Privacy, Intellectual Property, Sport and Media & Entertainment Law

27 Feb 2007

Jockeys banned after corruption inquiry

Four suspended and banned; gamblers warned off

27 Sep 2006

5RB tops Legal 500 survey

Twenty barristers recommended across core practice areas

16 Jun 2005

Football libel trial – hung jury

Jury discharged after being unable to reach verdict in Kewell v Lineker case

20 Sep 2003

Copyright and Related Rights Regulations 2003

5RB give series of talks


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