Mark Warby QC
Mark Warby QC is a leading silk in media, entertainment, sports and regulatory law. He is joint Head of Chambers at 5RB, with Desmond Browne QC, a Deputy High Court Judge (QB Administrative Court) and a Crown Court Recorder (Midland Circuit).
He is an editor and author of The Law of Privacy and The Media 2nd ed (OUP, 2011) and a contributor to Blackstone's Guide to the Defamation Act 2013 and the forthcoming 3rd edition of Sport: Law & Practice. His practice includes acting as an arbitrator. He is on the panel of Early Resolution, the libel arbitration service, and on the arbitrator panels for the FA Premier League and Sport Resolutions. He is a member of the Association of Regulatory and Disciplinary Lawyers and the British Association for Sport and the Law.
In media matters Mark has acted for and against all the national newspaper groups, and major broadcasters, as well as regional and local newspapers and magazines and Internet organisations . Claimant clients in defamation and privacy cases have included many well known figures from the worlds of entertainment, the media, sport, politics and business. His sports law practice has focused on disciplinary matters in horseracing, and on judicial and arbitral review of those and other decisions of regulatory body.
Notable cases in 2009-2013 include Dar al Arkan v Al Refai (conspiracy to injure, libel and malicious falsehood; Commercial Court), Miller v Associated Newspapers (whether reasonable grounds to suspect cronyism), Qema v News Group (summary judgment for D in malicious prosecution claim); R (Associated Newspapers Ltd ) v Leveson Inquiry (judicial review; lawfulness of decision to admit anonymous evidence); Nancy Dell'Olio v Associated (claim over alleged 'gold-digger' libel dismissed on meaning); Jacqui Lait v Evening Standard (CA, summary judgment against ex MP in libel claim over expenses); R (Bonhoeffer) v GMC (judicial review; fairness of reliance on hearsay in fitness to practice case); ABC Ltd v Y (third party access to court file); AMM v HXW (privacy injunction in blackmail case), Hunt v AB (CA, malicious prosecution claim against rape accuser); Fulham FC v West Ham United (admissibility of previous arbitration award; confidentiality of FAPL arbitration); McKeown v British Horseracing Authority (judicial review of sports disciplinary decision).
Other notable cases since taking silk in 2002 are Max Mosley v News Group (privacy of S&M activities), Murray v Big Pictures (CA, for agency, defending J K Rowling's claim over pictures of her infant son), Norfolk CC v Webster (opening up care proceedings to the media), CC v AB (privacy injunction against cuckolded husband), Fallon v Horseracing Regulatory Authority (jockey's challenge to racing ban pending criminal trial); Sir Elton John v Associated Newspapers (attempt at privacy injunction re photo); HRH The Prince of Wales' privacy claim against the Mail on Sunday (CA); RFU v Tebb (rugby disciplinary; allegation of stamping on John Inverdale); R (Mullins) v Appeal Board of the Jockey Club (disciplinary decision; amenability to judicial review); Miller v Associated Newspapers (libel trial; successful defence of libel claim over criticisms of police officer's handling of investigation into false claim that the Hamiltons were involved in a gang rape); Al Rajhi v Wall Street Journal (bank's libel claim over alleged suspicions of terrorist financing); Re Angela Roddy (a mature teenager has an Article 8 right to sell her story to a paper); Lord Ashcroft v Attorney-General (privacy and data protection claims over government leaks); Naomi Campbell v MGN (privacy of drug treatment); Peter Butters v Jeremy Clarkson (dispute over book publishing contract).
1981 Called to the Bar
2009 Year of Recorder
Bristol Grammar School
St. Johns College, Oxford (Scholar and MA)
Areas of work
- Privacy and Confidence
- Sports Law
- Intellectual Property
- Data Protection
- Pre-publication Advice
- Public Access
- Administrative Law
- Human Rights
- Injunctive Relief
- Malicious Falsehood
- Media Law
"an absolutely first-class barrister"
"Mark ... handled the case brilliantly on my behalf": Lord Ashcroft, Dirty politics, Dirty times (2005) on his privacy claim against the government
"Brilliant analysis and advocacy": Harvey Kass, commenting on Miller v Associated Newspapers Ltd in the Press Gazette in May 2005.
Recommended in current editions of Chambers and Partners and Legal 500 as a leading silk in defamation/privacy and in sport, in which
Chambers: "a clear, punchy advocate ... " (Defamation/Privacy); "Pragmatic, sharp and good on his feet ..." (Sport)
Legal 500: a "user-friendly lateral thinker"
Who's Who Legal 2013 ranks Mark as one of the top 5 most highly regarded individuals at the UK Bar.
Previous directory assessments:-
“Fantastically personable with tons of charisma, and wit to go with it ... becoming quite a star" (Defamation/Privacy). "one of the country's leading sports practitioners" (Sport)
"recommended by opponents as being 'extraordinarily silver-tongued in his addresses and great at identifying key issues'": "quick on the uptake and rarely bested" (Sport)
“simply superb in court.” "Top-notch" … deep understanding of the laws surrounding privacy …. "gets to the point, is thorough, polished and simply irresistible” (Defamation/Privacy)
"'a charmer'...'thoughtful and creative' whose "reputation continues to rocket" and "extremely client friendly but nevertheless an aggressive advocate"
Bencher of Gray's Inn
(17 Oct 2002)
(17 Mar 2011)
(19 Sep 2013)