Godwin Busuttil
Called
1994 Called to the Bar
Verbatim
"an extremely astute junior who provides thorough and analytical advice...excellent on his feet"
[Chambers and Partners 2009]
Areas of work
- Defamation
- Privacy and Confidence
- Sports Law
- Data Protection
- Reporting the Courts
- Pre-publication Advice
- Mediation
- Public Access
- Contempt
- Copyright
- Foreign Jurisdictions
- Human Rights
- Injunctive Relief
- Malicious Falsehood
- Media Law
Career
Profile
Godwin is a leading junior specialising in all areas of media law and acts for both claimants and defendants. He has practised at 5RB since 1995. Since then he has represented clients not only in England but in cases proceeding before the courts of Hong Kong, Brunei and the Cayman Islands. Recently he has acted for the claimants in the Adelson libel litigation and in the landmark privacy claim Murray v Big Pictures (UK) Ltd and for the defendant in the Lonzim plc v Sprague defamation case. He also represented Brad Pitt and Angelina Jolie in their succesful 'false privacy' claim against the News of the World. He has a special interest in medical / biomedical issues having been the BMJ Publishing Group's main pre-publication legal adviser for over 10 years. He has been acting for Dr Peter Wilmshurst in his defence of the libel action brought against him by NMT Medical Inc.
Godwin also has a sports law practice. He has represented the Jockey Club (now the Horseracing Regulatory Authority) at several Enquiries and Appeals and has also appeared on a number of occasions before the Disciplinary Commission of the Football Association.
Godwin regularly writes and gives talks on media law issues. He has also contributed to press articles and media broadcasts including BBC Radio 4's Law in Action on such topics. He is a Contributing Editor to Gatley on Libel and Slander, the leading practitioners' work on the subject, and the Co-Editor (with former member of chambers HH Judge Richard Parkes QC) of the Entertainment and Media Law Reports. He has recently had articles published in the Entertainment Law Review and the Journal of Media Law. He is also an Accredited Mediator.
Testimonials
Recommended consistently as a Leading Junior in Defamation by Legal 500 and in Defamation / Privacy by Chambers and Partners
"Excellent...a good man to have in the ring with you" Chambers and Partners 2008
"Conscientious...good on detail" Chambers and Partners 2007
"totally reliable...offers good judgement and an incisive legal mind...technically first class" Chambers and Partners 2006
"...earned respect for his clear understanding of the practice area" Chambers and Partners 2005
"a dedicated barrister who 'puts in all the hours needed' for his clients" Chambers and Partners 2003-4
Languages
French; some Italian
Memberships
CIPIL
ARDL
Publications
The Law of Privacy and the Media
(26 Jan 2006)
Gatley on Libel & Slander, 9th, 10th and 11th edition
(6 Dec 2008)
Education
Jesus College, Cambridge (BA, MPhil); Foundation Exhibitioner
City University, London, (Diploma in Law - Commendation)
Lincoln's Inn; Mansfield and Hardwick Scholar
Inns of Court School of Law, London; BACFI Prize for Best Performance in Company & Commercial Law
Pegasus Scholar to USA
Qualifications
Accredited Mediator (ADR Group)
Featured cases
Adelson v Associated Newspapers Ltd (CA)
[2007] EWCA Civ 701; [2008] 1 WLR 585; [2007] 4 All ER 330; [2008] EMLR 324; The Times, 18 July 2007
Defamation – Limitation – Substitution of parties – Addition of parties - Mistake - s.35 Limitation Act 1980 – CPR 17.4 and 19.5(3)
Medway Council v BBC
[2002] 1 FLR 104; [2001] All ER (D) 243 (Oct)
Family - Reporting Restrictions - Injunction - Children
Musa King v Telegraph Group Ltd (CA)
[2004] EWCA Civ 613; [2005] 1 WLR 2282; [2004] EMLR 429
Defamation- Libel - Justification - Conditional fee agreements - Proportionality - Costs capping
Re Ward; BBC v CAFCASS Legal & Ors
[2007] EWHC 616 (Fam); [2007] 2 FLR 765; [2007] Fam Law 704
Reporting restrictions - Care proceedings - s. 12 Adminstration of Justice Act 1960 - Disclosure - Anonymised judgments - Contra mundum order to protect medical expert witnesses, treating doctors, social workers and other witnesses in care proceedings - Interim orders - Practice and procedure - s. 12 Human Rights Act 1998 -Duration of order - Requirement of notice
Clarke t/a Elumina Iberica UK v Bain & Prolink Holdings Corp
[2008] EWHC 2636 (QB)
Defamation - Libel - Jurisdiction - Foreign publication - Aggravated damages - Striking out - Case management - Proportionality
Gaddafi v Telegraph Group Ltd
[1998] EWCA Civ 1626; [2000] EMLR 431
Defamation - libel - newspaper publication - qualified privilege - Reynolds - journalist's sources - whether non-disclosure of sources precludes reliance on privilege
Adelson v Associated Newspapers Ltd (No 3)
[2008] EWHC 278 (QB); [2009] EMLR 10
Libel - Stay - Striking out - Open offer to settle - Abuse of process - Proportionality - Damages - Vindication - Statement in open court - Costs
Jockey Club v Buffham
[2002] EWHC 1866 (QB); [2003] QB 462; [2003] 2 WLR 178; [2003] EMLR 111
Confidential information - breach of confidence - final injunction against defendant - third party applying to use documents confidential to the claimant obtained from defendant - whether use of such documents by third party a contempt of court
Murray v Big Pictures (UK) Ltd (CA)
[2008] EWCA Civ 446; [2008] 3 WLR 1360; [2008] EMLR 399; [2008] EHRR 736; [2008] 2 FLR 599; [2008] HRLR 33; [2008] UKHRR 736; The Times, 12 May 2008
Misuse of private information - Data protection - Human rights - Photographs - Reasonable expectation of privacy - Child
Lonzim Plc & others v Sprague
[2009] EWHC 2838 (QB)
Defamation - Slander - Libel - Publication - Extent of publication - Internet publication - Abuse of process - Striking out - Summary judgment - Foreign publisher - Aggravated damages - Striking out - No real damage - Vindication - Injunction - Proportionality