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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
Merton College, Oxford (Scholar and obtained First Class Degree in English Literature)
City University, Islington (Diploma in Law)
Qualifications
Immigration Judge
Areas of work
- Defamation
- Privacy and Confidence
- Sports Law
- Intellectual Property
- Data Protection
- Pre-publication Advice
- Contempt
- General Common Law
- Injunctive Relief
- Malicious Falsehood
- Media Law
Cases
Defamation
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 British Horseracing Authority
[2010] EWHC 508 (QB) 12/03/2010
Horseracing Regulatory Authority v Fitzpatrick & Others
16 February 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
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
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
Articles
The Copyright and Related Rights Regulations
By Andrew Monson and Jacob Dean. 1 Apr 2004
News
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
20 Sep 2007
5RB tops Legal 500
20 Barristers rated and recommended in Defamation, Privacy, Intellectual Property, Sport and Media & Entertainment Law
16 Jun 2005
Football libel trial - hung jury
Jury discharged after being unable to reach verdict in Kewell v Lineker case