About us

5RB is a leading set of media and communications law barristers with a proven track-record in all areas of media law including: defamation, privacy, confidence, data protection, harassment, media regulation, intellectual property, sport and the human rights.

Members of the set write or contribute to the leading textbooks in the field: Gatley on Libel and Slander; The Law of Privacy and the Media; Arlidge, Eady & Smith on Contempt; Borrie & Lowe: The Law of Contempt; The Law of Photography and Digital Images;  Blackstone’s Guide to the Defamation Act ; Clerk & Lindsell on Torts.

The leading specialist media law reports, the Entertainment and Media Law Reports, published by Sweet & Maxwell, are edited by 5RB‘s Godwin Busuttil and former member of chambers HHJ Richard Parkes QC.

The set

5RB has wide experience in all divisions of the High Court, and all appellate courts. We also have experience in dealing with EU and European Convention on Human Rights aspects of media law, as well as in jurisdictions overseas. Junior tenants also appear in county courts and employment tribunals and offer pre-publication advice ‘libel read’ for newspapers, book publishers and broadcasters.

Members are used to being instructed at short notice to seek and resist pre-publication injunctions. They also appear in arbitrations and mediations and represent or advise clients before professional, regulatory and disciplinary tribunals, such as the IPSO, OFCOM, the British Horseracing Authority and the Football Association. There are 4 accredited mediators in Chambers.

Barristers practise as sole practitioners and are registered with the Bar Standards Board of England and Wales. Barrister members offer their services in accordance with the Bar Standards Code of Conduct. The standard contractual terms on which services are provided can be found in Annex T of the Code.

Professional liability insurance

Barristers have professional liability insurance provided by the Bar Mutual Indemnity Fund Limited. The postal address of the Bar Mutual Management Company is 90 Fenchurch Street, London EC3M 4ST. Territorial coverage is world-wide, subject to the terms of cover of the Bar Mutual.

Types of work undertaken

As well as enjoying its pre-eminent reputation for defamation, misuse of private information, breach of confidence, malicious falsehood, trade libel and contempt of court, 5RB specialises across the broader spectrum of media, communication, entertainment, intellectual property and sports law, including:

  • copyright
  • trade marks
  • design right
  • moral rights and performers’ rights
  • data protection
  • reporting restrictions, particularly in criminal, family and matrimonial proceedings
  • music, film, television, internet and book publishing and licensing
  • passing off
  • image rights
  • restraint of trade, particularly in sport and music
  • judicial review, particularly of regulatory decisions
  • hearings before regulatory bodies
  • EU and competition
  • regulatory multimedia, broadcasting and telecommunications
  • freedom of information
  • the internet, including issues relating to publications on social media, data protection, and domain name disputes
  • protection from harassment and trespass
  • professional negligence, specifically lawyers’ negligence where the underlying claim was in defamation
  • human rights aspects of all these areas of law.

Public Access

Most members of 5RB can now be instructed directly by members of the public without a solicitor under the Bar Council’s ‘Public Access’ scheme. Solicitors and members of the Licensed Access scheme (formerly BarDIRECT and Direct Professional Access) can instruct any member of 5RB.

Please contact the clerks if you are interested in instructing any member of 5RB. More information is available on our public access page. Further information about the Public Access and Licensed Access schemes can be obtained from the Bar Council, while details of appropriate solicitors’ firms can be obtained from the Law Society.

Services available to overseas clients

Barristers of 5RB provide advocacy and advisory services direct to overseas lawyers, corporate clients and individuals in various countries including the United States, Hong Kong, Singapore, Malaysia, India, Nigeria, and the West Indies.

We can

  • be instructed directly for timely, cost-effective advisory services within our specialist areas of law in England and Wales and the European Court of Human Rights;
  • advise and assist in litigation preparation;
  • provide specialist advice and assistance on the drafting, interpretation and enforceability of contracts governed by the law of England and Wales and other common law countries;
  • provide a 24/7 rapid response for all your pre-publication and urgent injunction issues;
  • provide mediation, alternative dispute resolution and arbitration services.

We understand how important it is to establish a relationship prior to need; therefore we encourage you to contact us to learn how we can help you before the need arises.

Availability

We offer a 24/7 service with a clerk and at least two barristers on call at all times. The clerks’ room is open from 8:30 am to 6:30 pm Monday to Friday.

5 Certainties

  1. We are a leading set of media and communications law barristers with a proven track-record in defamation, privacy, data protection, harassment, intellectual property, and all related fields.
  2. We have acted in most of the recent significant cases in these areas.
  3. We offer depth of talent from our junior barristers to our best-known QCs.
  4. We have an excellent and well-respected clerking team.
  5. We write and contribute to the leading textbooks in our field: Gatley on Libel and Slander; Tugendhat and Christie: The Law of Privacy and the Media, Arlidge, Eady & Smith on ContemptBorrie & Lowe: The Law of Contempt and The Law of Photography and Digital Images; and edit the leading specialist law reports, the Entertainment and Media Law Reports.

Directory listings

Chambers & Partners (2017)

The SET 5RB is a formidable set that has long been respected for its position as a chambers at the forefront of this sector. It is known for its indisputable quality in the areas of defamation, privacy, contempt and data protection. Its members have a strong legacy of excellence in high-profile and landmark cases. Interviewees praise the barristers here for being “completely on top of the law,” and say “they provide first-class advice, are commercially aware and a pleasure to deal with.”

Client service: “The clerks are always very helpful in understanding a client’s needs and delivering a fast, friendly and expert service. Jamie Clack is swift to respond, commercially minded and attentive.” The clerking team is led by Andrew Love.

Legal 500  (2017)

Within Defamation and privacy, 5RB is a top tier firm,

“‘Well known for its expertise in media law’, 5RB is ‘the go-to set for defamation, harassment and privacy’ matters.  Adrienne Page QC and Godwin Busuttil acted for the claimant in Lachaux v Independent Print Media and others – the leading case on the new serious harm requirement in section 1 of the Defamation Act. Busuttil also represented Sir Cliff Richard in his high-profile case against the BBC and Chief Constable of South Yorkshire Police.”

Our barristers are also singled out in Data protection and Media & Entertainment:

“5RB contains ‘barristers who achieve outstanding results’ in data protection matters. Recent case highlights include Hooper v News Group Newspapers, Express Newspapers, Associated Newspapers and others, the Wm Morrison payroll information group litigation and LJT v Chief Constable of Bedfordshire.”

Mediation

5RB offers a mediation service for the fast, effective and inexpensive resolution of media-related and other disputes. With the increasing drive from the government and the courts for parties to attempt alternative forms of dispute resolution (ADR), mediation now has to be seriously considered in virtually all disputes where proceedings are active or contemplated.

Mediation can be very successful, with over two-thirds of cases settling on the day and many others shortly afterwards.

Currently, two members of 5RB – Godwin Busuttil, William Bennett – are accredited mediators and have active mediation practices.

They are able to act as mediators and to advise and represent parties who are contemplating or taking part in mediation.

About mediation

Mediation is a process whereby an independent, neutral person assists the parties in dispute to reach a settlement. During the mediation, which will not normally exceed one day, there are sessions with all parties present as well as private sessions between the mediator and just one party. The whole process is confidential; in particular, during the private sessions everything that is said to the mediator is strictly confidential and will not be communicated to the other party unless the party himself passes on the information or expressly authorises the mediator to do so.

The mediator endeavours to guide the parties to a settlement by, amongst other things, questioning them about their positions and their needs and discussing with them the various strengths and weaknesses of their cases. Because the discussions are totally confidential the parties can talk frankly, and safely indicate their hopes and fears to the mediator, who thereby gains a unique overview of the dispute that helps him to assist them to reach a mutually acceptable solution.

Until a binding agreement is reached each side is free to walk away.  If no agreement is reached, nothing said or produced in the mediation can be used in court proceedings or for any other purpose, subject to the normal rules of disclosure.

However, in most cases a settlement is reached. About 70% of mediations are successful on the day and, of those that are not, many are settled shortly afterwards.  One of the principal reasons for mediating is its high success rate, but there are many others. Large savings in cost, time and stress can be achieved; mediations can be arranged very quickly so that a dispute can be resolved in a matter of weeks; the costs of a mediation are relatively small; the process is not confrontational in the same way that direct negotiations and court hearings inevitably are. Because of the flexibility of the process, mediation allows and encourages parties to consider, discuss and agree a large number of possible solutions which are not available through the courts. Also as the solution is one which the parties reach themselves, with the help of the mediator, and is not imposed on them by the court, it is far more likely to satisfy both parties. In other words there is no loser – both parties win.

It is not surprising that in recent years the government and the courts have strongly encouraged parties to mediate rather than litigate and the courts have imposed costs sanctions on those who have unreasonably refused to do so. The mediation process is set out in more detail in the Model Agreement, Terms and Conditions and Explanatory Notes.

Mediation fees

Normal charge for an 8 hour mediation day and up to 5 hours preparation: £1750 to £2500 per party, depending on the complexity, importance and/or value of the claim or claims involved. Further hours of mediation and/or preparation, as authorised by the parties, will be charged at £100-150 per hour per party. The fees per party will be reduced in the case of multi-party disputes.

Model mediation agreement

To download our Model Mediation Agreement please right click on the following PDF file and choose the save option.

Public access

Instruct us directly

5RB have a team of barristers from QCs to Junior Counsel licensed to undertake public, professional and licensed access work. Our team, listed below, have all completed the Bar Council’s accredited course.

What is Public Access?

You can  instruct 5RB directly. Members of the public and commercial and non-commercial organisations are now able to instruct barristers directly on most civil matters. Bar Council rules changed in 2004 to allow members of the public to instruct barristers directly without going through a solicitor or another qualified intermediary first. This is known as Public Access.

Benefits to you

  • Initial review of your case by one of 5RB’s specialists
  • This saves you time and money

Services we offer

As specialists in defamation, privacy, media, communication, data protection, harassment, entertainment and sports law we accept instructions in appropriate circumstances from individuals and organisations (or their agents).

Members of 5RBs public access team are used to dealing with individuals and organisations including broadcasters; newspapers, magazines, books and music publishers of all sizes; media, cummunications and sports regulatory bodies; and local authorities. We also regularly deal with public relations, media and sports agents directly.

This means that we can

  • give expert legal advice on specific issues or disputes,
  • act in negotiations,
  • draft documents (including correspondence and statements)
  • advise you on the best strategy and approach to be taken

Please note that, before instructing a barrister at 5RB you should be aware that if the initial review is positive, taking the matter to litigation will most likely require the services of a solicitor’s firm. The reason for this is that barristers are currently restricted by the rules of the Bar Standards Board on how much involvement they can have in running litigation directly. For example, they cannot serve or issue documents at court or draft witness statements. Should the case proceed to court we will recommend several specialist firms of solicitors with competitive rates.

Contact us

If you would like to instruct a barrister through Public Access please fill in the attached Public Access Briefing giving us details of your case. Once complete please send it to the Clerks via e-mail clerks@5rb.com , fax +44(0)20 7831 2686 or by post.

The process

Complete the 5RB Public Access Briefing Form attaching any relevant documentation and either email or post the the clerks at 5RB. Upon receipt, a 5RB Public Access barrister will look at the details at no initial cost to you to establish whether the matter qualifies for Public Access. You will then be notified whether it is a matter we can pursue on your behalf or not.

  1. If the barrister can take the matter on you will be contacted by the Clerks who will discuss timescale and cost with you. Once a fee for the work and timescale is agreed you will be sent a letter of confirmation with our terms and conditions. If you agree with the content you will be asked to sign the letter and return it to us. Please note that fees will need to clear before any advice can be provided.
  2. One of the clerking team will inform you when the barrister has completed the work, you will then be asked to transfer the agreed fee to 5RB‘s public access bank account or send a cheque to the individual barrister. Once received the completed advice will be emailed or posted to you. If our barrister is not prepared to take the matter on, you will be informed in writing.This will not be formal advice and you won’t be charged for it. If you wish the barrister to expand on the note this will become a chargeable advice for which a fee will be required.

If you would like to discuss the matter first, please contact one of our clerks Jamie Clack or Andrew Love on +44 (0)20 7242 2902. They will be happy to advise you on seniority, availability and fee rates.

What clients said about our public access service:

“Although I am a retired solicitor, I had absolutely no experience in defamation and used the public access scheme to hire a barrister directly. I duly instructed Godwin Busuttil. His advice and guidance was thorough and comprehensive. Indeed, it led to an award of costs in my favour and all claims against me being withdrawn. I found the Clerks at 5RB courteous and very efficient. I am really grateful to counsel and the Clerks for their help.”  Mr Wynne Pearce

“Most potential clients thinking of approaching a barrister on a public access basis do so not knowing quite what to expect and with a sense of anxiety about the legal process in which they have become entangled. From the outset 5RB impressed and did so from clerk to principle. My initial inquiry was dealt with efficiently and with sensitivity. The response was rapid and detailed, providing me with a clear understanding of what to expect and breaking the process down into clear stages. The quality of the legal advice was both exemplary and flexible. My case had some twists and turns, but my barrister approached all aspects with admirable candour, realism and a sharp legal mind. I could not have wished for better representation.” Professor John Holmwood

Help with Costs: After the Event Insurance (ATE) for clients of Public Access Barristers

“Interest in Public Access is growing exponentially. Clients will however be concerned about the costs of legal action, the significance of an Adverse Costs Award should the claim be unsuccessful and the ability to insure such costs. Clients need to know the potential risks and rewards; most importantly they need “costs certainty”.
EFM Specialist Risks LLP are the leaders in this field and are a Bar Council Service Partner.
EFM have been established for almost 20 years and specialise in niche insurance schemes. They have been at the forefront of insurance innovation in the banking, telecommunications, veterinary, accountancy and tax planning sectors.
After The Event Insurance for a Public Access client can cover:

  • An Opponent’s legal costs and disbursements.
  • The Claimant’s own disbursements such as court fees and expert witness fees.
  • An Opponent’s insurance premium (if applicable).

Furthermore the premium itself is normally insured which means that if a case is lost the premium is not payable. If a case is successful the premium is normally recoverable. For more information click here to visit www.publicaccessbarristers.com.”
The two other ways to instruct barristers are as follows:

  1. Professional Client Access. Solicitors, qualified in-house lawyers and other authorised litigators may instruct barristers directly either on behalf of clients or on their own account in any matter for all types of work.
  2. Licensed Access. Licensed access is a licensing system whereby organisations or individuals who are suitable to instruct barristers because they have expertise in particular areas of law can apply to the Bar counsel to be licensed to instruct barristers directly in those areas. The licensed access licensing scheme ensures that the referrer has the skills necessary and the facilities available to instruct the Bar direct.

The members of 5RB accredited to undertake public access work are:

Desmond Browne QC

Justin Rushbrooke QC

James Price QC

Jonathan Barnes

Godwin Busuttil

William Bennett

Christina Michalos

Jacob Dean

Adam Speker

Richard Munden

David Hirst

Victoria Simon-Shore

Victoria Jolliffe

Felicity McMahon

Gervase de Wilde

Julian Santos

Greg Callus

John Stables

Please contact our clerks, who will be happy to assist you in identifying the appropriate member of chambers for your needs.

Overseas clients

Barristers of 5RB provide advocacy and advisory services direct to overseas lawyers, corporate clients and individuals in various countries including the United States, Hong Kong, Singapore, Malaysia, India, Nigeria, and the West Indies.

We can:

  • be instructed directly for timely, cost-effective advisory services within our specialist areas of law in England and Wales and the European Court of Human Rights;
  • advise and assist in litigation preparation;
  • provide specialist advice and assistance on the drafting, interpretation and enforceability of contracts governed by the law of England and Wales and other common law countries;
  • provide a 24/7 rapid response for all your pre-publication and urgent injunction issues;
  • provide mediation, alternative dispute resolution and arbitration services.

We understand how important it is to establish a relationship prior to need; therefore we encourage you to contact us to learn how we can help BEFORE the need arises.

Contact us at clerks@5rb.com for further information.

Pro bono

5RB is a proud member of ‘Friends in Law‘ a scheme launched by the Bar Pro Bono Unit and the Free Representation Unit. As a Friends in Law member, 5RB contributes financial support and pro bono work by volunteers.

Chambers considers that provision of a degree of free legal advice and representation  is an essential part of a barrister’s practice in accordance with the general standards and ethics of the Bar. The proportion of time which individual members of chambers devote to pro bono work varies from member to member but the practice of many of the junior tenants includes a significant amount of low or unpaid work.

Some examples of the kind of services which 5RB barristers provide free of charge include:

  • providing legal advice and representation in county courts and employment tribunals on a variety of matters on behalf of Islington Legal Advice Centre
  • providing advice and representation through the Bar Pro Bono Unit
  • project work on behalf of the Bar Human Rights Committee and Commonwealth Press Union
  • legal training for the Council of Europe and other international organisations
  • advisory opinions and representation in specific deserving cases where funding is otherwise not available

5RB hosts an annual quiz to raise funds for the Bar Pro Bono Unit and FRU. Members of 5RB also take part in the London Legal Walk each year.

History

The Chambers of 5RB were founded by the distinguished jury advocate, Sir Valentine Holmes KC, whose forensic successes in a number of famous libel trials laid the foundations for what is now one of our main areas of practice. Since the time of Sir Valentine Holmes, many celebrated and notable lawyers have been members of Chambers and have moved on to high judicial office. Mr Justice Warby, Mr Justice Nicklin, Sir Charles Gray and Sir Michael Tugendhat are the most recent examples.

We moved from The Temple to 10 South Square, Gray’s Inn in 1972. Membership of 5RB significantly increased, reflecting the growing demand in our fields of practice which precipitated the move in early 1994 to accommodation within the Inn at 5 Raymond Buildings.

In January 2014 5RB moved, again within the Inn, to 5 Gray’s Inn Square. This relocation offers 5RB more space and room to grow. Following client feedback the new accommodation incorporates a new reception and client-facing areas.