Mark Warby QC QC

Picture of Mark Warby QC QC

Called

1981 Called to the Bar
2002 Silk
2009 Appointed Recorder

Verbatim

"an absolutely first-class barrister"

Chambers Directory

Areas of work

  • Defamation
  • Privacy and Confidence
  • Sports Law
  • Intellectual Property
  • Data Protection
  • Pre-publication Advice
  • Public Access
  • Administrative Law
  • Contempt
  • Human Rights
  • Injunctive Relief
  • Malicious Falsehood
  • Media Law
  • Arbitration

Career

Profile

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 and a Crown Court Recorder (Midland Circuit).

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. He is an editor and author of The Law of Privacy and The Media 2nd ed (OUP, 2011).  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.  

Notable cases in 2009-2012 include 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).

Testimonials

"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.

"The smile and the sniff are Warby's stock in trade".

[David Ashforth, Racing Post, 30 June 2004, commenting on Bradley v The Jockey Club.]

Recommended in current editions of Chambers and Partners and Legal 500 as a leading silk in defamation/privacy and sport.

Chambers: "a clear, punchy advocate ... " (Defamation/Privacy); "Pragmatic, sharp and good on his feet ..." (Sport)

Legal 500: a "user-friendly lateral thinker"

Previous editions have said:

“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"

Languages

French

Memberships

Bencher of Gray's Inn

Publications

The Law of Privacy and the Media, 1st edition

(17 Oct 2002)

The Law of Privacy and the Media, 2nd edition

(17 Mar 2011)

Education

Bristol Grammar School
St. Johns College, Oxford (Scholar and MA)

Featured cases

  • ABC Ltd v Y

    [2010] EWHC 3176 (Ch); [2011] 4 All ER 113

    Court file - 'Sealing' file - Form of order sealing file - Access to documents - Non-party - CPR 5.4C - Use in other litigation - Threshold requirements

  • CC v AB

    [2006] EWHC 3083 (QB); [2007] EMLR 312; [2007] 2 FLR 301; The Times 5 Dec 2006

    Privacy - Confidence - Injunctions - Article 8 - Article 10 - Freedom of Expression - Harassment

  • Atlantis World Group of Companies NV & Another v Gruppo Editoriale L'Espresso SpA

    [2008] EWHC 1323 (QB); [2009] EMLR 15

    Libel - foreign magazine - English publication - small circulation - foreign claimant - corporate claims - proof of reputation - reference - "Jameel" abuse of process

  • Mosley v News Group Newspapers Ltd (No 3)

    [2008] EWHC 1777 (QB); [2008] EMLR 20; The Times, 30 July 2008

    Privacy - Reasonable expectation of privacy - Public interest -Footage of sexual activities - Public figure – Allegations of Nazi role-play

  • Fulham FC v West Ham United

    [2011] ISLR, SLR-1

    Arbitration - FA Premier League - previous Award between different parties - admissibility - confidentiality -publication of determination

  • 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

  • Qema v News Group Newspapers Ltd

    [2012] EWHC 1146 (QB)

    Malicious prosecution - drug and passport offences – witnessed by journalist - reported to police by journalist - C prosecuted - plea of guilty - prison sentence - Criminal Cases Review Commission - C alleges was innocent but 'set up' by journalist - CCRC recommends vacation of plea - Court vacates plea - Crown offers no evidence - not guilty verdict - C sues publisher for malicious prosecution - relies on set up to prove no reasonable and probable cause - summary judgment application by D - application granted - claim dismissed