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Stephen Bate
Profile
Stephen has a general Chancery/Common Law practice background. He specialises in media, entertainment, communications and sports law.
Stephen is also a Chartered Arbitrator, FCI Arb with an active arbitration practice as arbitrator. He is a member of Sport Resolutions's panel of arbitrators and mediators and regularly sits as Chairman of the Football Disciplinary Commission, hearing arbitrations under the Rules of the Football League. A copy of Stephen's arbitration CV is available from the clerks.
Stephen's international work as arbitrator consists of appointments in commercial matters with claim values up to US$1.5BN and he has appointments in domestic commercial matters also with high values; from presidential appointments by the Chartered Institute of Arbitrators and appointments by CEDR and by (non-UK) courts. He is also a member of ARBDB, a chambers of arbitrators for international work in particular: www.arbdb.com.
He is a member of the British Horseracing Authority's Licensing Committee, exercising a 'fit and proper person jurisdiction in relation to jockeys and trainers; and also a Legal Assessor for the Medical Practitioners' Tribunal Service, hearing fitness to practice cases brought by the GMC against doctors. He is also a panel expert for Nominet, determining disputes over registrations of .co.uk domain names.
Stephen is an experienced CEDR accredited mediator and accepts mediation appointments through 5RB. A detailed mediation profile is available from the clerks. He is also a member of CEDR Chambers (see at www.cedr.com) and a panel mediator with the Chartered Institute of Arbitrators. He has handled mediations in a wide range of civil matters including media and entertainment disputes, with values up to £30M.
Stephen is one of the highest-ranking junior barristers in the Media & Entertainment sections of Chambers and the Legal 500 directories.He has regularly acted for well-known musical artists, song-writers, media organisations, publishers, production companies and record companies. He acted in a dispute concerning a TV advertising campaign for Marmite (Far Out Productions Inc v Water Music Productions Ltd). He represented Universal in a multi-million dollar dispute over the licensing of the UK television rights to The Jerry Springer Show (Universal Studios Inc v Flextech Rights Ltd and acted for Aston Barrett, a former member of Bob Marley & the Wailers, in his claims for artist royalties and copyright infringement (Barrett v Universal-Island Records Ltd & Ors).
He acted for Michael Jackson in his litigation against Granada over the Martin Bashir interview and for Celador in a dispute over the licensing of “Who Wants to be a Millionaire”. He also acted for Robbie Williams, EMI and BMG in their dispute with other publishers over the lyrics to the song “Jesus in a Camper Van”; and for Random House at the trial of copyright infringement proceedings before Laddie J brought by the ex-Tory MP Rupert Allason concerning authorship of the memoirs of the spy, the late John Cairncross. Stephen acted for David Bedford in his dispute over the 118 118 advertising campaign and represented the footballer Gary Flitcroft in his privacy dispute with Mirror Group Newspapers, A v B plc.
Stephen also advises broadcasters and telecommunications organisations on regulatory, copyright and other issues. He is a co-author of the textbook, “Satellite Communications in Europe: Law and Regulation”.
Stephen is married with 3 daughters. His interests include a wide range of sports and reading history. He is also a member of the Royal Geographical Society.
Career
Called
1981 Called to the Bar
Education
Magdalene College, Cambridge (M.A. Modern languages - French and German)
City University (Diploma in Law)
Areas of work
- Defamation
- Privacy and Confidence
- Sports Law
- Intellectual Property
- Mediation
- Public Access
- Copyright
- Injunctive Relief
- Media Law
- Music Law
- Professional Negligence
Verbatim
“Very thorough and knowledgeable … enjoys a great deal of respect when on his feet and is fantastic with clients”, “Enjoys an excellent reputation” (Chambers and Legal 500, previous editions).
Testimonials
“A creative thinker ….”, “As good as it gets for understanding the industry”, “A tremendously hard worker [whom] solicitors like because he gets results” (Chambers, previous editions).
For mediation work, “We thought Stephen Bate was excellent .. his approach was very measured, sensible and helpful”, “He managed the day well and I will be recommending him for other mediations”.
Languages
French, German
Publications
(17 Oct 2002)
(17 Mar 2011)
Cases
Privacy and Confidence
Bedford v The Number (UK) Ltd
[2004] ISLR SLR-18 27/01/2004
A v B plc (Flitcroft v MGN Ltd)
[2002] EWCA Civ 337; [2003] QB 195; [2002] EMLR 371; [2002] 3 WLR 542; [2002] 2 All ER 545 11/03/2002
Sports Law
Bedford v The Number (UK) Ltd
[2004] ISLR SLR-18 27/01/2004
A v B plc (Flitcroft v MGN Ltd)
[2002] EWCA Civ 337; [2003] QB 195; [2002] EMLR 371; [2002] 3 WLR 542; [2002] 2 All ER 545 11/03/2002
Intellectual Property
Far Out Productions Inc v Water Music Productions Ltd & Ors
16 December 2009 16/12/2009
Barrett v Universal-Island Records & Others
[2006] EWHC 1009 (Ch); [2006] EMLR 567 15/05/2006
Bedford v The Number (UK) Ltd
[2004] ISLR SLR-18 27/01/2004
Ludlow Music Ltd v Williams & Others (No.2)
[2002] EWHC 638 (Ch); [2002] FSR 868 14/02/2002
Allason v Random House UK Limited
16 October 2001 16/10/2001
Radio Taxicabs (London) Ltd v Owner Drivers Radio Taxi Services Ltd
[2004] RPC 351 12/10/2001
Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council
[2001] 1 WLR 400; [2001] EMLR 446; [2001] RPC 594; [2001] LGR 176 23/11/2000
Ludlow Music Inc v Williams & Others
[2001] EMLR 155; [2001] FSR 271 01/10/2000
Phonographic Performance Ltd v Candy Rock Recording Ltd
[2000] EWCA Civ 97; [2000] EMLR 618 30/03/2000
Performing Right Society Ltd v Boizot
[1999] EWCA Civ 700; [1999] EMLR 359 02/02/1999
Island Records Ltd v Tring International Plc
[1996] 1 WLR 1256; [1995] 3 All ER 444; [1995] FSR 560 12/04/1995
A&M Records Ltd & Anr v Video Collection International Ltd
[1995] EMLR 25 28/10/1994
Contempt
Allason & Anor v Random House UK Ltd
[2002] EWHC 1030 (Ch) 19/04/2002
Copyright
Far Out Productions Inc v Water Music Productions Ltd & Ors
16 December 2009 16/12/2009
Barrett v Universal-Island Records & Others
[2006] EWHC 1009 (Ch); [2006] EMLR 567 15/05/2006
Ludlow Music Ltd v Williams & Others (No.2)
[2002] EWHC 638 (Ch); [2002] FSR 868 14/02/2002
Allason v Random House UK Limited
16 October 2001 16/10/2001
Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council
[2001] 1 WLR 400; [2001] EMLR 446; [2001] RPC 594; [2001] LGR 176 23/11/2000
Ludlow Music Inc v Williams & Others
[2001] EMLR 155; [2001] FSR 271 01/10/2000
Phonographic Performance Ltd v Candy Rock Recording Ltd
[2000] EWCA Civ 97; [2000] EMLR 618 30/03/2000
Performing Right Society Ltd v Boizot
[1999] EWCA Civ 700; [1999] EMLR 359 02/02/1999
Island Records Ltd v Tring International Plc
[1996] 1 WLR 1256; [1995] 3 All ER 444; [1995] FSR 560 12/04/1995
A&M Records Ltd & Anr v Video Collection International Ltd
[1995] EMLR 25 28/10/1994
Entertainment Law
Far Out Productions Inc v Water Music Productions Ltd & Ors
16 December 2009 16/12/2009
Universal International Inc v Flextech Rights Ltd
[2006] EWCA Civ 1036 18/07/2006
Barrett v Universal-Island Records & Others
[2006] EWHC 1009 (Ch); [2006] EMLR 567 15/05/2006
Arief International Inc v Celador International Ltd
[2004] EWHC 1277 (Ch) 28/04/2004
Ryder v Nicholl & Anor
[1999] EWCA Civ 1139; [2000] EMLR 632 15/12/1999
General Common Law
Barrett v Universal-Island Records & Others
[2006] EWHC 1009 (Ch); [2006] EMLR 567 15/05/2006
Arief International Inc v Celador International Ltd
[2004] EWHC 1277 (Ch) 28/04/2004
Ryder v Nicholl & Anor
[1999] EWCA Civ 1139; [2000] EMLR 632 15/12/1999
Human Rights
A v B plc (Flitcroft v MGN Ltd)
[2002] EWCA Civ 337; [2003] QB 195; [2002] EMLR 371; [2002] 3 WLR 542; [2002] 2 All ER 545 11/03/2002
Injunctive Relief
A v B plc (Flitcroft v MGN Ltd)
[2002] EWCA Civ 337; [2003] QB 195; [2002] EMLR 371; [2002] 3 WLR 542; [2002] 2 All ER 545 11/03/2002
Ludlow Music Ltd v Williams & Others (No.2)
[2002] EWHC 638 (Ch); [2002] FSR 868 14/02/2002
Radio Taxicabs (London) Ltd v Owner Drivers Radio Taxi Services Ltd
[2004] RPC 351 12/10/2001
Ludlow Music Inc v Williams & Others
[2001] EMLR 155; [2001] FSR 271 01/10/2000
Media Law
Universal International Inc v Flextech Rights Ltd
[2006] EWCA Civ 1036 18/07/2006
Bedford v The Number (UK) Ltd
[2004] ISLR SLR-18 27/01/2004
A v B plc (Flitcroft v MGN Ltd)
[2002] EWCA Civ 337; [2003] QB 195; [2002] EMLR 371; [2002] 3 WLR 542; [2002] 2 All ER 545 11/03/2002
Music Law
Far Out Productions Inc v Water Music Productions Ltd & Ors
16 December 2009 16/12/2009
Barrett v Universal-Island Records & Others
[2006] EWHC 1009 (Ch); [2006] EMLR 567 15/05/2006
Ludlow Music Ltd v Williams & Others (No.2)
[2002] EWHC 638 (Ch); [2002] FSR 868 14/02/2002
Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council
[2001] 1 WLR 400; [2001] EMLR 446; [2001] RPC 594; [2001] LGR 176 23/11/2000
Ludlow Music Inc v Williams & Others
[2001] EMLR 155; [2001] FSR 271 01/10/2000
Phonographic Performance Ltd v Candy Rock Recording Ltd
[2000] EWCA Civ 97; [2000] EMLR 618 30/03/2000
Ryder v Nicholl & Anor
[1999] EWCA Civ 1139; [2000] EMLR 632 15/12/1999
Performing Right Society Ltd v Boizot
[1999] EWCA Civ 700; [1999] EMLR 359 02/02/1999
Island Records Ltd v Tring International Plc
[1996] 1 WLR 1256; [1995] 3 All ER 444; [1995] FSR 560 12/04/1995
A&M Records Ltd & Anr v Video Collection International Ltd
[1995] EMLR 25 28/10/1994
Passing off
Bedford v The Number (UK) Ltd
[2004] ISLR SLR-18 27/01/2004
Radio Taxicabs (London) Ltd v Owner Drivers Radio Taxi Services Ltd
[2004] RPC 351 12/10/2001
Professional Discipline
Universal International Inc v Flextech Rights Ltd
[2006] EWCA Civ 1036 18/07/2006
Publishing
Allason v Random House UK Limited
16 October 2001 16/10/2001
Articles
Overview of Copyright Regulations
By Stephen Bate and Christina Michalos. 12 Mar 2004
News
28 Oct 2011
5RB tops Chambers and Partners 2012
Adam Wolanski wins Defamation and Privacy Junior Barrister of the Year
17 Mar 2011
New edition of privacy book published
Second edition of Tugendhat & Christie: The Law of Privacy and the Media published
12 Nov 2009
5RB tops Chambers & Partners review
Set and 21 barristers praised in Chambers UK 2010 Directory
24 Sep 2009
5RB's juniors: the Legal 500 verdict
What the legal directory had to say about 5RB's junior barristers
10 Jul 2009
BHA declare Hayley Turner fit to ride
Medical Review Panel allows appeal by leading female jockey
11 Nov 2008
Chambers: 5RB is the 'gold standard'
Set and 21 barristers praised in Chambers & Partners 2009 Directory
31 Jan 2008
Stephen Bate joins CEDR panel
First practising barrister appointed to CEDR's Solve Direct mediator panel
8 Nov 2007
5RB tops Chambers & Partners review
20 Barristers rated and recommended in the new annual survey
20 Sep 2007
5RB tops Legal 500
20 Barristers rated and recommended in Defamation, Privacy, Intellectual Property, Sport and Media & Entertainment Law
16 Mar 2006
Wailers royalties battle begins
Bob Marley's bass guitarist brings claim against Island Records
24 Oct 2005
Chambers' Review: 5RB top again
20 barristers recommended for Media, Entertainment, Defamation, Privacy, Intellectual Property & Sports Law