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5RB Media and Entertainment Law


Thursday, 29th September 2016 

Keynote announced – Sir Alan Moses, chairman of Independent Press Standards Organisation (IPSO)




Sir Alan is a former Lord Justice of Appeal. He previously served as a High Court Judge (Queen’s Bench Division) and as Presiding Judge of the South Eastern Circuit. He was Chairman of Spitalfields Music and is an external member of the Council of the Royal Academy of Arts. His is also member of the Pilgrim Trust, member of the Court of Appeal, Cayman Islands, and 2nd Chair, Spoliation Advisory Panel.

In his capacity as Chairman of IPSO, Sir Alan chairs both the Board of Directors and the Complaints Committee


Co-chaired by our Heads of Chambers, Desmond Browne QC and Matthew Nicklin QC, the entire chambers of 5RB are involved in the conference either as speakers or in the preparation for what promises to be an enlightening and stimulating day.


8.30 – 9.20 Haslett, Registration

9.25 – 9.30 Kelvin Lecture Theatre, Welcome and introduction

9.30 – 10.00 Kelvin Lecture Theatre, Keynote Speech – Sir Alan Moses

10.00 – 11.15 Kelvin Lecture Theatre, 

Moderated by Desmond Browne QC, the panel will discuss current defamation issues (Panel to include: Justin Rushbrooke QC, William Bennett, Felicity McMahon)

11.15 – 11.45 Flowers and Lovelace, Mid-morning break

11.45 – 13.00 Kelvin Lecture Theatre, 

Moderated by Adrienne Page QC, the panel will discuss current privacy, harassment and DPA issues. (Panel to include: David Sherborne, Christina Michalos, Greg Callus)

13,00 – 14.30 Riverside Room, Lunch

14.30 – 15.45 location depends upon selected session. Workshops will take place in Maxwell Library, Haslett, Flowers & Lovelace, Workshop session 1

15.45 – 16.15, Mid-afternoon break

16.15 – 17.30 location depends upon selected session. Workshops will take place in Maxwell Library, Haslett, Flowers & Lovelace, Workshop session 2

17.40 – 18.00 Kelvin Lecture Theatre, Final QA and closing remarks

18.00 + Champagne Reception


Workshop sessions

Please choose your two preferences for the afternoon workshops. The programme is subject to change and we reserve the right to amend the workshops on offer.


A.     The early stages of a defamation claim (James Price QC, Alex Marzec)

  • Proving serious harm – More in-depth analysis of cases discussed in plenary session; how to plead and prove;
  • Whether to seek a preliminary issue and, if so, on what issues;
  • Obtaining pre-action disclosure
  • Choosing which defences to run

B.     Reporting arrests, charges and trials (Matthew Nicklin QC, Richard Munden)

  • Article 6, 8, 10: privacy and open justice
  • Looking at the privacy, DPA and libel issues around reports of arrests and charges
  • Whether injunctive relief is available and if so when
  • Defences

C.    The Internet and Social Media (Jacob Dean, Chloe Strong)

  • Harassment online
  • Right to be forgotten claims
  • Anonymous publications
  • Liability for retweeting

D.     Pre-publication refresher (David Hirst, John Stables, IPSO representative tba)

  • How to minimise risk of legal and OFCOM/ IPSO complaints
  • Photos of children
  • Complaints of harassment
  • Dealing with undercover footage (Yeo; Cruddas)

E.     Update on Contempt/ Reporting Restrictions (Adam Wolanski, Gervase de Wilde)

  • AG v Conde Nast
  • Family proceedings
  • Court of Protection

F.     Protecting Corporates and Public Officials (Adam Speker, Felicity McMahon)

  • Putting an end to campaigns of vilification
  • Harassment injunctions (Cheshire West, Merlin Entertainments)
  • Dealing with vexatious freedom of information complaints

G.    Privacy & Data Protection Act Damages (Godwin Busuttil, Julian Santos)

  • Recent decisions on damages in privacy and DPA claims, including Representative Claimants v MGN (Gulati v MGN)
  • The factors that are relevant to assessing the level of the award
  • Comparisons with the assessment of damages in other fields including defamation and harassment