Julian Santos

Profile

Julian advises claimants and defendants in all of Chambers’ areas of practice, particularly defamation, privacy, data protection, harassment and breach of confidence. Recent work includes:

  • ERY v Associated Newspapers Ltd – Junior Counsel for the Claimant in a successful injunction application to restrain the Daily Mail from publishing the Claimant’s private information, namely that the Claimant was being investigated by the police suspected involvement in financial crime.
  • Weller v Associated Newspapers Ltd – Junior Counsel for Paul Weller’s children in the Court of Appeal. The Court of Appeal dismissed the appeal by the publishers of MailOnline against a finding that their publication of photographs of the Claimants was a misuse of their private information and breach of the Data Protection Act.
  • Various Claimants v NGN – Junior Counsel for the Claimants in the on-going phone-hacking litigation against the publisher of the News of The World and The Sun. Recently, a successful application by various Claimants to amend their Generic Particulars of Claim to include a claim against The Sun and an unsuccessful application by the Defendant to strike out part of a Claimant’s claim.
  • Optical Express Ltd and ors v Associated Newspapers Ltd – Junior Counsel for the Claimants in a libel and malicious falsehood claim against the publishers of the Daily Mail and MailOnline for publishing an article making various claims about the Claimant’s laser surgery.
  • Lokhova v Longmuir/Lokhova v Tymula – Junior Counsel in libel claim by city trader against former work colleagues following her successful claim against her former employees in the Employment Tribunal.
  • Fabian Picardo v Manos Limpias – Sole Counsel for the Chief Minister of Gibraltar in a libel claim against a Spanish trade union – awarded £30,000 in damages.
  • Suresh v Commissioner of Police for the Metropolis – Sole Counsel for the Claimant, a chairman and trustee of a charity, in a claim against the Metropolitan Police for a defamatory email sent by an investigating officer to the Charity Commission and other individuals. The claim was settled with an agreement to pay a substantial sum in damages to the Claimant as well as making a Statement in Open Court and publishing apologies to the Claimant and the publishees.
  • Suresh v Samad & ors – Counsel for the Claimant, a chairman and trustee of a charity, in a recent application for strike-out and summary judgment against three defendants in respect of videos published on YouTube and Facebook.
  • Gahir v Bansal – Libel claim relating to two letters allegedly sent by the defendant to various members of the Sikh community in the midlands.
  • Mahendrah Shah v Croydon Advertiser and others – Counsel for several defendants in a successful application to set aside default judgment and strike out a libel claim.
  • Pre-publication advice for various publications including The Times, The Sunday Times, The Racing Post as well as HarperCollins, Macmillan and Penguin Random House publishers.

Hardworking, extremely knowledgeable and very easy to get on with.’ UK Legal 500 2016 (Defamation and Privacy – Leading Juniors)

Julian moved to the London Bar following 5 years of practice at the Gibraltar Bar,  joining 5RB in 2014 after a successful 12-month pupillage at chambers. He experienced all areas of chambers’ work during pupillage, and gained considerable court experience, assisting in the following hearings:

  • Weller v Associated Newspapers Limited – High Court trial of Paul Weller’s successful claim (on behalf of his children) for misuse of private information and breach of the Data Protection Act.
  • Miller v Associated Newspapers Limited Court of Appeal hearing following a libel trial.
  • AVB v TDD – High Court trial of a solicitor’s privacy and harassment claim.
  • Serrano Garcia v Associated Newspapers Limited – High Court trial of a libel claim brought by a doctor in respect of an article in the Daily Mail.
  • SPA v TAS – successful application for an interim injunction on the basis of misuse of private information.

 

Before his pupillage at 5RB, Julian practised as a barrister in the litigation department of Hassans International Law Firm in Gibraltar. There he had experience of a wide variety of work, including defamation and sports law, as well as commercial, banking, administrative, criminal and human rights law. Notable cases included:

  • Great Britain Rhythmic Gymnastics Group v British Amateur Gymnastics Association – Junior counsel for the Great Britain Rhythmic Gymnastics Group in its successful appeal against the British Amateur Gymnastics Association’s decision not to nominate the Group for a place at the London 2012 Olympics.
  • Junior counsel for the UK Foreign Secretary in constitutional proceedings on the age of consent for homosexual intercourse in Gibraltar.
  • Dr Giraldi Home Inquiry – Junior counsel for the Care Agency.
  • R v CR v B – Sole counsel in two jury criminal trials (inflicting grievous bodily harm and indecent assault).
  • Bari Properties Ltd v International Franchises Ltd –  Sole counsel for a commercial landlord in a Court of Appeal hearing and in various Supreme Court trials and applications.

Julian benefited from a large amount of advocacy experience in general civil and commercial litigation including injunction applications (defamation, freezing injunctions and leasehold covenants), summary judgment/strike-out applications and winding-up hearings.

Julian is a member of Middle Temple and was awarded the Harmsworth Entrance Exhibition Scholarship in 2008.

 

Publications

“Quantum of confidence” – Interview with Lexis®PSL IP & IT discussing the High Court’s decision in Burrell v Clifford [2016] EWHC 294 (Ch), [2016] All ER (D) 206 (Feb) (first published on Lexis®PSL IP & IT on 2 March 2016).

Statements in open courtInterview with Lexis®PSL IP & IT discussing the Court of Appeal’s decision in Associated Newspapers Ltd v Murray [2015] EWCA Civ 488, [2015] All ER (D) 151 (May)  (first published on Lexis®PSL IP & IT on 27 May 2015).

“The Journey of Gibraltar’s Football Association” – article for the LawInSport website addressing the legal issues encountered by the Association in its applications for membership of UEFA and FIFA, and in its first full season as a member of UEFA (co-authored).

Father’s book shelved to protect son” – Interview with Lexis®PSL IP & IT discussing the Court of Appeal’s decision in OPO v MLA [2014] EWCA Civ 1277, [2014] All ER (D) 117 (Oct) (first published on Lexis®PSL IP & IT on 31 October 2014).

Contributor to The Law of Privacy and the Media, Tugendhat and Christie (3rd Ed.) (forthcoming).

Co-authored a chapter on Gibraltar defamation and privacy law in Carter-Ruck on Libel and Slander (6th ed.).

Contributor to Law Brief Update.

Career

Called

2008 Called to the bar

Education

Bar Vocational Course, BPP Law School, Holborn - 2007-8
MA Law, Jesus College, Cambridge - 2004-7

Qualifications

Called to the Bar of Gibraltar - 2008

Areas of work

  • Defamation
  • Privacy and Confidence
  • Data Protection
  • Harassment
  • Media Law
  • Human Rights
  • Injunctive Relief
  • Malicious Falsehood
  • Pre-publication Advice
  • Copyright
  • Sports Law

Testimonials

Hardworking, extremely knowledgeable and very easy to get on with.’ UK Legal 500 2016

Gibraltar Practice:

  • Ranked as an “Associate to watch” in Chambers and Partners Europe 2013: “Associate Julian Santos is highlighted as a rising star in the litigation department. He is increasingly visible on high-profile mandates and is praised for his ability to effectively bridge the cultural divide on cross-border deals involving both common and civil law jurisdictions.
  • Legal 500 Europe 2013: “Julian Santos ‘finds solutions and thinks one step ahead’

Languages

Spanish (bilingual) and French (basic)

Cases

Articles

Statements in open court - ANL v Murray

By Julian Santos. 5 Jun 2015

The Journey of Gibraltar's Football Association

By Julian Santos. 18 May 2015

Father's book shelved to protect son

By Julian Santos. 28 Nov 2014

Publications

The Law of Privacy and the Media 3rd Edition

OUP

By Julian Santos. 22 Jan 2016

News

1 Feb 2017

Truth defence ruled out in charity case

Warby J refuses defences but allows Third Defendant to plead a new public interest defence

4 Nov 2016

High Court grants interim injunction

Criminal investigation and interview engage Claimant's Article 8 rights

19 May 2016

5RB at the London Legal Walk 2016

£2,157.19 raised for LLSU, FRU and the Bar Pro Bono Unit

29 Apr 2016

Sun phone-hacking claims to proceed

High Court allows amendments to include The Sun

30 Mar 2016

Supreme Court refuses permission in two media cases

Mirror phone-hacking damages case and Weller will not be heard by the SC

22 Jan 2016

New edition of The Law of Privacy and the Media published

Read an extract on Privacy, the Internet and Social Media

20 Nov 2015

Wellers win MailOnline photos appeal

Appeal against judgment in favour of Paul Weller's children dismissed

30 Oct 2015

Court of Appeal hearing in ANL v Weller

Appeal in relation to photos of Paul Weller's children heard

6 Jul 2015

Picardo awarded £30,000 in damages

Chief Minister of Gibraltar awarded damages in libel claim

17 Feb 2015

5RB Talks 2015: Bristol

5RB's Jacob Dean, Felicity McMahon and Julian Santos spoke at the Bristol office of Osborne Clarke



Julian Santos's social media links