Jonathan Barnes KC
Call: 1999 Silk: 2021
Call: 1999 Silk: 2021
Jonathan Barnes KC acts across 5RB’s specialist areas of media, information and communications law.
His work regularly involves urgent injunction issues extending to harassment and blackmail. In addition to his litigation practice he advises stakeholders, regulators and others who are concerned with regulation in media and professional disciplinary contexts.
As well as Jonathan’s court work he has represented clients at OFCOM, the Office of Fair Trading, the Employment Tribunals, in FA arbitration proceedings and in London Metal Exchange arbitration proceedings.
Jonathan advises and acts across the full spectrum of defamation and malicious falsehood. He was recently in the Court of Appeal on the leading case concering journalistic reporting privilege; and earlier, for example, trial counsel in the first full litigation of the public interest publication defence udner section 4 of the Defamation Act 2013.
Leading counsel for respondent on appeal concerning journalistic reporting privilege under section 15 Defamation Act 1996.
Trial counsel in first full trial of public interest publication defence under section 4 Defamation Act 2013.
Counsel for Tiscali in case confirming absence of publisher liability for Internet Service Providers and similar passive intermediaries.
Junior counsel for claimant in leading Court of Appeal authority concerning foreseeability and liability for republication.
Jonathan has acted in some of the leading privacy and personal data cases.
Counsel for Morrisons’ employees in Supreme Court appeal considering vicarious liability in the context of data protection.
Junior counsel for claimants seeking removal of links concerning their spent criminal convictions from Google Search, leading to first “right to be forgotten” de-listing order made against Google in England and Wales.
Junior counsel for respondents in leading case considering circumstances for reasonable expectation of privacy.
Jonathan’s practice has focussed on breach of confidence in conjunction with misuse of private information as the latter has developed out of the former.
Junior counsel for claimant concerning harassment and blackmail attempt under cloak of “without prejudice” privilege.
Junior counsel for claimants seeking removal of links concerning their spent criminal convictions from Google Search, leading to first “right to be forgotten” de-listing order made against Google in England and Wales.
Junior counsel for respondents in leading case considering circumstances for reasonable expectation of privacy.
Jonathan’s data protection cases include two of the most eye-catching in recent years – the Morrisons’ case concerning vicarious liability in the context of a data breach, and NT1 & NT2 concerning the availability of spent criminal convictions through Google Search.
Counsel for Morrisons’ employees in Supreme Court appeal considering vicarious liability in the context of data protection.
Junior counsel for claimants seeking removal of links concerning their spent criminal convictions from Google Search, leading to first “right to be forgotten” de-listing order made against Google in England and Wales.
Junior counsel for respondents in leading case considering circumstances for reasonable expectation of privacy.
Counsel for Tiscali in case confirming absence of publisher liability for Internet Service Providers and similar passive intermediaries.
Jonathan’s work regularly involves urgent injunction issues, from misuse of private information and breach of confidence extending to harassment and blackmail.
Jonathan has considerable experience of applying the law around harassment to appropriate media, information and communciations scenarios.
Leading counsel for claimants obtaining permanent injunction, £25,000 damages and a three year General Civil Restraint Order arising from a former shareholder and Managing Director’s LinkedIn campaign and further direct harassment against his former company and colleagues.
Counsel for claimants obtaining permanent injunction and five figure damages in harassment claim arising from business dispute.
Junior counsel for claimant concerning harassment and blackmail attempt under cloak of “without prejudice” privilege.
Jonathan often advises commercial publishers and others in relation to the legal risks of a proposed publication.
In addition to Jonathan’s litigation practice he advises stakeholders, regulators and others who are concerned with regulation in media and professional disciplinary contexts. He has represented clients at OFCOM and the Office of Fair Trading, and advised a number of regulators concerning the overlap of media, information and communciations principles with their field, including in relation to SLAPP (strategic lawsuits against publication participation).
Jonathan has both made and defended applications for committal for contempt of court, in relation for example to compliance with court orders or to the filing of allegedly false written evidence.
Jonathan is very familiar with the principle of open justice and the nature of reporting and other restrictions that challenge it, including in relation to access to court documents.
Jonathan has a working knowledge of copyright and other intellectual property rights in so far as they cut across media, information and communications law areas.
Junior counsel in Court of Appeal comparative advertising case concerning the scope of trade mark protection when raised in the context of prior restraint and Art 10 ECHR.
For more information
For more information or to instruct Jonathan please get in touch with our clerking team, who can deal with your enquiry and provide any required information: