Christina Michalos KC

Christina Michalos KC

Christina is a leading specialist in media & entertainment law, reputation management and soft intellectual property law. She also specialises in related work including data protection, freedom of information and sports law.  She is known as a leading practitioner in image rights work and is the author of The Law of Photography and Digital Images (Sweet & Maxwell, 2004). She has a particular interest and expertise in issues arising from internet user generated content and social networking sites.  Christina also has extensive public law experience as a member of the Attorney General’s panel of advocates for 20 years (1999 – 2019) particularly in relation to prisons and the armed forces.

Christina was appointed Silk in 2019. In the 100 years in which women have been able to become barristers (since the Sex Disqualification Removal Act 1919),  at the time she was appointed Queen’s Counsel, she became only the fifth female QC specialising in media & defamation law to attain that rank.

Media, IP & Freedom of Information

Her high profile work includes: acting for the Met Police throughout the Leveson Inquiry (phone hacking); acting for Ministry of Defence in Axon v MoD (successfully defeating privacy claim brought by a Naval warship commander); counsel for the successful Claimant in Clift v Slough Borough Council (jury trial & Court of Appeal) the leading decision on Article 8 and qualified privilege; AW v Holland ( privacy injunction & committal application for breaches on Facebook & Twitter acting for high profile claimant);  advising the Met Police regarding internet & Facebook issues arising from the Baby P case;  acting for the Department of Health before the Information Tribunal in response to the Pro Life Alliance’s FOIA request for abortion statistices; and acting for Associated Newspapers Ltd in the copyright and privacy claim brought by HRH the Prince of Wales and heard before Blackburne J.

Christina has acted for many high profile celebrities and in particular premiership footballers in respect of privacy matters the details of which are necessarily confidential. She has a reputation for being particularly skilled at resolving such matters at a pre-publication stage without the need for litigation.

She acted for the Attorney General in The Board of the Tate Gallery v Her Majesty’s Attorney General in relation to reporting restrictions concerning the recovery by the Tate gallery of two paintings by J.M.W. Turner which had been stolen when on loan from the Tate Gallery to the Schirn Kunsthalle in Frankfurt following an insurance settlement and option to re-purchase for £24 million if recovered. Christina has a special interest in art and art law related matters.

She has also acted in a many ‘name change’ injunction cases including both misleading company names and website/domain name passing off cases. Christina is frequently instructed by photographic agencies, photographers and media entities in relation to copyright, data protection, privacy and other related claims involving photographs.  She has advised and acted for various government departments in copyright, trade mark, licencing and other intellectual property matters, including the Cabinet Office, the Inland Revenue, the Central Office of Information and the UK Hydrographic Office.

Government Work & Judicial Review

From July 2009 until her appointment as Queen’s Counsel, Christina was a member of the Treasury Counsel A Panel of senior lawyers approved by the Attorney General to act on behalf of the Government. Appointment is by open competition and highly competitive and automatically ceases upon a barrister becoming Queen’s Counsel or latterly King’s Counsel. She was previously on the C Panel (1999 – 2003) and the B Panel (2003 -2008).

She gained considerable public law experience acting for the government including successfully resisting applications seeking to prevent publication of public reports and acted in a wide variety of judicial review applications ranging from immigration to prisoner categorisation decisions to handling of confidential information.

She was selected by the Attorney General to act as an amicus curiae to the Court of Appeal in a contempt case, Thompson v Mitchell.

Commerical, Common Law & Personal Injury

In addition to her intellectual property and media work, she has wide experience of commercial and general common law litigation.  Christina has enormous trial advocacy experience having appeared without a leader in numerous trials, in particular appearing on behalf of  government departments. Prior to joining 5RB, she practiced at 17 Bedford Row (then chambers of Allan Levy KC) and gained considerable experience of commercial cases acting for the Nationwide Building Society and lenders in mortgage litigation, insurance claims and also general common law litigation.  She continues to practice in the more general fields of civil litigation and did a substantial amount of defendant personal injury work for the government particularly on behalf of the Home Office/Ministry of Justice and the Ministry of Defence.

Media Appearances, Lectures & Seminars

She has regularly appeared as a legal commentator on media and sports law issues on Sky News, BBC News 24 and radio. Christina has been a contributor to The Times law section since 1999. She appeared as a legal expert on The Grand Tour with Jeremy Clarkson.

For many years, Christina has been regularly invited to speak on copyright and media law issues and to chair conferences & panels including: Commonwealth Law Conference, Melbourne (2017); Commonwealth Law Conference Glasgow (2015); MBL Privacy Law Seminar (2011);  Press Gazette Media Law Conference (2009, 2008);  chaired the Management Forum Media Law Conference (2003, 2005); IBC Protecting the Media Conference and the IBC International Copyright Law Conference (2006).

In October 2003, she was invited to give a series of lectures in Khartoum to the Sudanese Judiciary and lawyers in the Sudan on intellectual property law as part of a Bar Human Rights Committee & British Council joint project.

Called

1994 Called to the Bar of England and Wales
2019 Silk

Education

LLB; MA;
Postgraduate diploma (Masters Level) in International & Comparative Copyright Law - 2001
Sports Law PG Cert - 2006

Areas of work

Intellectual Property
Privacy and Confidence
Defamation and Malicious Falsehood
Injunctive Relief
General Common Law
Harassment
Reporting the Courts and Contempt
Blackmail

Testimonials

Christina Michalos
Specialist media junior who has additional expertise in IP and sports law. She has expert knowledge of defamation, freedom of information, the DPA and online issues.

Strengths:

“A good legal and strategic thinker.” “Incredibly efficient and good at forcing the client to make difficult decisions.” [Chambers & Partners 2020, Defamation & Privacy]

“She was absolutely spot-on in her initial advice and highlighted the critical issue on which the case eventually turned. She helped us focus on what was important.” [Chambers & Partners 2018, Defamation & Privacy]

 

Christina Michalos
Covers all aspects of media law. She has a particular reputation as a leader in image rights and has written one of the leading commentaries on the subject.
Strengths: “She is extremely easy to work with and highly knowledgeable.””Christina Michalos has niche expertise in cases pertaining to privacy and libel issues arising from social networking sites and other internet user-generated content. [Chambers & Partners 2016, Defamation & Privacy]
Expertise: “A furiously hard worker who fights for her clients. She makes a real impact in privacy cases by thinking outside the box and utilising her many legal skills.”  [Chambers & Partners 2015, Defamation & Privacy]

Christina Michalos of 5RB
Highly regarded for her niche expertise in image rights work, Christina Michalos also has a considerable knowledge of the legal issues surrounding user-generated content on social networking sites.
Strengths: “There is only one serious practitioner on the law of photography and digital images – she wrote the book.” “She’s evidently extremely knowledgeable and brings a wide spectrum of experience.” [Chambers & Partners 2016, Media & Entertainment]

Christina Michalos Has a keen interest in issues stemming from social networking and user-generated content sites, and regularly engages in innovative cases. Michalos is a leader in the field of image rights work and is lauded for her copyright expertise.
Expertise: “Very businesslike and punchy.” “She has an in-depth working knowledge of media law.”  [Chambers & Partners 2015, Media & Entertainment]

” Christina Michalos is noted by peers for her trade mark work. “An eminently sensible practitioner,” she is known for her “dedication and persistence.”” [Chambers & Partners, 2012]

“Christina Michalos is also widely praised. She splits her time between government and media cases with a copyright or trade mark angle. Clients say she scores well as she “always fights hard.” ” [Chambers & Partners 2011]

Thorough and straightforward’ image rights expert Christina Michalos handles high-profile football and horseracing matters, as well as privacy-related media cases. [Legal 500, 2010]

“Christina Michalos’ particular focus is on privacy and image rights. “User-friendly and bright,” she is admired for her “speed of reply and sensible advice.” [Chambers & Partners 2009]

“Christina Michalos receives praise for being “completely committed – she really goes the extra mile.” She has a three-pronged practice comprising media and entertainment, IP and sports law expertise. She recently acted as junior counsel representing Associated Newspapers in its privacy and copyright case against Prince Charles.” [Chambers & Partners 2008]

  • Recommended in Chambers & Partners since 2006 as a leading junior in Media & Entertainment law.
  • Recommended  as a leading junior in both Intellectual Property and in Media & Entertainment by Legal 500 (2007).

“a thorough and very user friendly junior” [Legal 500, 2007]

  • Described as ‘an up-and-coming intellectual property specialist’ by The Times, 18 March 2003

 

Memberships

British Association for Sport and the Law
Intellectual Property Bar Association
BLACA (British Literary & Artistic Copyright Association)
Intellectual Property Institute
TIPLO
Registered with the Bar Pro Bono Unit
Treasury Counsel (C Panel) - appointed March 1999. Appointment renewed 2001
Treasury Counsel (B Panel) - appointed February 2003
Treasury Counsel (A Panel) - appointed July 2009

All cases

Defamation and Malicious Falsehood

Lady Colin Campbell v MGN Ltd

[2021] EWHC 601 (QB) 18/03/2021

Parris v Ajayi & Ors

[2021] EWHC 285 (QB) 12/02/2021

Alsaifi v Secretary of State for Education

[2019] EWHC 1413 (QB) 11/06/2019

Nugent v Willers

[2019] UKPC 1 17/01/2019

Kenny v Commissioners for Her Majesty’s Revenue & Customs & Another

Extempore 14/12/2018

Sube v News Group Newspapers Ltd & Express Newspapers (No 2)

[2018] EWHC 1961 (QB) 27/07/2018

Sube v News Group Newspapers Ltd & Express Newspapers

[2018] EWHC 1234(QB) 24/05/2018

Ahmed v (1) Express Newspapers (2) Associated Newspapers Ltd

[2017] EWHC 1845 (QB) 18/05/2017

Lisle-Mainwaring v Associated Newspapers Ltd & Anor

[2017] EWHC 543 (QB) 17/03/2017

Niall Horan v Express Newspapers

[2015] EWHC 3550 07/12/2015

Thompson v James

[2014] EWCA Civ 600 14/05/2014

White v Express Newspapers (Costs)

[2014] EWHC 814 (QB) 25/03/2014

White v Express Newspapers (Meaning)

[2014] EWHC 657 (QB) 18/03/2014

Thompson v James and Carmarthenshire County Council

[2013] EWHC 515 (QB) 15/03/2013

Sleeman v Panchaud

10/10/2011

Clift v Slough Borough Council (CA)

[2010] EWCA Civ 1171 21/12/2010

Sanders v Percy & Ministry of Justice (No 2)

Unreported, 12 May 2010 12/05/2010

Sanders v Percy & Ministry of Justice

[2009] EWHC 1870 (QB) 30/07/2009

Clift v Slough Borough Council & Kelleher

[2009] EWHC 1550 (QB) 06/07/2009

Hamilton v Milroy-Sloan

30/08/2001 30/08/2001

Privacy and Confidence

BVG v LAR (No 2)

[2020] EWHC 931 (QB) 29/04/2020

BVG v LAR (No 1)

[2019] EWHC 2388 (QC) 29/04/2020

R (on the application of Emblin) v Commissioners for HM Revenue & Customs

[2018] EWHC 626 (Admin) 09/04/2018

Axon v Ministry of Defence

[2016] EWHC 787 (QB) 11/04/2016

JPH v XYZ (No 2)

[2015] EWHC 16/10/2015

JPH v XYZ (No 1)

[2015] EWHC 2871 16/10/2015

Department of Health v (1) Information Commissioner (2) Pro Life Alliance

EA/2008/0074 15/10/2009

HRH The Prince of Wales v Associated Newspapers Ltd (No 3)

[2006] EWHC 522 (Ch); [2008] EMLR 66 17/03/2006

HRH The Prince of Wales v Associated Newspapers Ltd

[2006] EWHC 11 (Ch) 13/01/2006

Johnson v Home Office

26/06/2003 26/06/2003

Harassment

BVG v LAR (No 2)

[2020] EWHC 931 (QB) 29/04/2020

BVG v LAR (No 1)

[2019] EWHC 2388 (QC) 29/04/2020

Sube v News Group Newspapers Ltd & Express Newspapers (No 2)

[2018] EWHC 1961 (QB) 27/07/2018

Lisle-Mainwaring v Associated Newspapers Ltd (CA)

[2018] EWCA Civ 1470 17/07/2018

Sube v News Group Newspapers Ltd & Express Newspapers

[2018] EWHC 1234(QB) 24/05/2018

Lisle-Mainwaring v Associated Newspapers Limited

[2017] EWHC (QB) 21/07/2017

National Farmers’ Union v Tiernan

[2015] EWCA 17/07/2015

Ampito Ltd v Pask

Extempore 29/09/2014

Thompson v James

[2014] EWCA Civ 600 14/05/2014

Thompson v James and Carmarthenshire County Council

[2013] EWHC 515 (QB) 15/03/2013

Sanders v Percy & Ministry of Justice (No 2)

Unreported, 12 May 2010 12/05/2010

Sanders v Percy & Ministry of Justice

[2009] EWHC 1870 (QB) 30/07/2009

Blackmail

BVG v LAR (No 2)

[2020] EWHC 931 (QB) 29/04/2020

Re Al M (Reporting Restrictions Order)

[2020] EWHC 702 (Fam) 25/03/2020

BVG v LAR (No 1)

[2019] EWHC 2388 (QC) 29/04/2020

R (on the application of Drain) v Birmingham Crown Court and others

[2018] EWHC 1255 (Admin) 13/06/2019

R (on the application of Emblin) v Commissioners for HM Revenue & Customs

[2018] EWHC 626 (Admin) 09/04/2018

Reporting the Courts and Contempt

Re Al M (Reporting Restrictions Order)

[2020] EWHC 702 (Fam) 25/03/2020

R v NCJ Media Ltd; R v Aitken

27/10/2014

HRH The Prince of Wales v Associated Newspapers Ltd

[2006] EWHC 11 (Ch) 13/01/2006

Injunctive Relief

BVG v LAR (No 2)

[2020] EWHC 931 (QB) 29/04/2020

BVG v LAR (No 1)

[2019] EWHC 2388 (QC) 29/04/2020

JPH v XYZ (No 2)

[2015] EWHC 16/10/2015

JPH v XYZ (No 1)

[2015] EWHC 2871 16/10/2015

National Farmers’ Union v Tiernan

[2015] EWCA 17/07/2015

Ampito Ltd v Pask

Extempore 29/09/2014

Sleeman v Panchaud

10/10/2011

HRH The Prince of Wales v Associated Newspapers Ltd (No 3)

[2006] EWHC 522 (Ch); [2008] EMLR 66 17/03/2006

Daikin Europe N.V. v Daikin International Ltd

11/10/2005 11/10/2005

Hamilton v Milroy-Sloan

30/08/2001 30/08/2001

Intellectual Property

R (on the application of Drain) v Birmingham Crown Court and others

[2018] EWHC 1255 (Admin) 13/06/2019

Wade & Perry v British Sky Broadcasting Limited

[2016] EWCA Civ 1214 01/12/2016

Sleeman v Panchaud

10/10/2011

HRH The Prince of Wales v Associated Newspapers Ltd (No 3)

[2006] EWHC 522 (Ch); [2008] EMLR 66 17/03/2006

HRH The Prince of Wales v Associated Newspapers Ltd

[2006] EWHC 11 (Ch) 13/01/2006

Brown v Mcasso Music Productions Ltd

[2005] EWCA Civ 1546; [2006] EMLR 26 10/11/2005

Daikin Europe N.V. v Daikin International Ltd

11/10/2005 11/10/2005

Fraser-Woodward Ltd v BBC & Brighter Pictures Ltd

[2005] EWHC 472 (Ch); [2005] EMLR 487; [2005] FSR 36; [2005] 28(6) IPD 11; The Times, 15 April 2005 23/03/2005

Data Protection and Information Law

Swift v Information Commissioner & Highways England

EA/2018/0104 13/12/2018

Sube v News Group Newspapers Ltd & Express Newspapers

[2018] EWHC 1234(QB) 24/05/2018

R (on the application of Emblin) v Commissioners for HM Revenue & Customs

[2018] EWHC 626 (Admin) 09/04/2018

Department of Health v (1) Information Commissioner (2) Pro Life Alliance

EA/2008/0074 15/10/2009

Barton v Home Office

10/11/2006 10/11/2006

General Common Law

Thompson v James

[2014] EWCA Civ 600 14/05/2014

Johnson v Home Office

26/06/2003 26/06/2003

Dorgan v Home Office (joined with Anderton v Clwyd CC)

[2002] EWCA Civ 933; [2002] 1 WLR 3174; [2002] 3 All ER 813 03/07/2002

5RB Talks

5RB Talks: Cardiff

13 Mar 2015
With Christina Michalos KC, William Bennett KC & David Hirst

5RB talks: Copyright and Related Rights Regulations 2003

20 Sep 2003
With Justin Rushbrooke KC, Christina Michalos KC & Jacob Dean

Articles

Actors' Moral Rights: Being Replaced In A Film

By Christina Michalos KC. 18 Dec 2017

Government Twitter and Freedom of Expression by Christina Michalos

By Christina Michalos KC. 25 Aug 2017

Legal Issues of Blogging

By Christina Michalos KC. 1 Jul 2016

Golden Eye 'pay or else' letters

By Christina Michalos KC. 19 Jan 2016

An affair to remember - defamation following the Ashley Madison hack

By Christina Michalos KC. 19 Oct 2015

Free Speech Online

By Christina Michalos KC. 4 Jun 2014

In The Name of the Law: Nominative Determinism

By Christina Michalos KC. 21 Apr 2009

Trade Marks and Olympic Symbols

By Christina Michalos KC. 22 Nov 2005

Moral Rights and Site-Specific Art Works

By Christina Michalos KC. 27 Sep 2005

Image Rights and Privacy: After Douglas v Hello!

By Christina Michalos KC. 15 Jun 2005

Overview of The Copyright and Related Rights Regulations

By Christina Michalos KC. 12 Mar 2004

Sport and the Registration of Movement Marks

By Christina Michalos KC. 2 Dec 2003

Harry Potter and the Case of the False Evidence

By Christina Michalos KC. 1 Oct 2002

Saving Face is all a matter of image for the famous

By Christina Michalos KC. 26 Mar 2002

Publications

The Trials of Art (ed. Daniel McClean)

Ridinghouse
By Christina Michalos KC. 26 Nov 2007

Law of Photography and Digital Images

Sweet & Maxwell
By Christina Michalos KC. 19 May 2004

The Law of Privacy and the Media

Oxford University Press
By Christina Michalos KC. 17 Oct 2002

In 5RB News

7 Jan 2022

Footballer secures removal of 10-year-old Tweet from FA Disciplinary Decision

The (now deleted) Tweet was removed on fairness grounds

7 May 2020

Major new decision dismissing claim of media harassment

Only conscious or negligent abuse of media freedom will do to show harassment

12 Nov 2018

Privy Council hears appeal in Nugent v Willers

Board considers limitation in appeal from the Isle of Man

27 Jul 2018

Serious harm test not met by aggregation

Mr Justice Warby hands down second judgment in Sube v News Group & Express, on effect of combining lesser imputations

15 Dec 2017

Scottish Law Commission proposes defamation reforms

Report and Draft Bill on defamation law in Scotland published

2 Nov 2017

“The pre-eminent set”: Chambers UK

5RB and members recommended for Defamation & Privacy and Data Protection in 2018 Chambers UK Bar Guide

11 Oct 2017

5RB ‘dominates the field’ in Legal 500

Chambers and members recommended for Defamation & Privacy, Data Protection, and Media and Entertainment work in legal directory

21 Jul 2017

Journalists seeking comment held not harassment

Contacts with story subject did not pass seriousness threshold

18 May 2016

Journalist succeeds in overturning police warning

Met Police agree to revoke Harassment Warning given to a journalist for doing his job

9 Mar 2016

Jimmy White Libel Claim Settles

Snooker player's damages claim compromised

15 Feb 2016

Harassment Warning Challenge to Proceed

Permission granted in journalist's judicial review case

10 Dec 2015

Niall Horan wins round in libel claim

Judge rules words capable of bearing pleaded meaning

9 Jan 2015

Christina Michalos appointed to Gray’s Inn Bench

New Masters of the Gray's Inn Bench Announced

31 Oct 2014

5RB tops Chambers & Partners 2015

Set and 19 barristers recommended in UK Bar Guide

9 May 2014

Senior Property Executive Settles Privacy Claim

PR firm apologises and pays damages

28 Feb 2014

Attorney General’s Panel Appointment

Christina Michalos appointed to the A Panel

13 Dec 2013

Law Commission recommends contempt exemption for online archives

Report on contempt deals with jurors and modern media

23 Aug 2013

NFU win injunction against Badger Cull Protesters

Anti-harassment injunction granted by the High Court

22 Mar 2013

Croatian Actor wins damages for “Nazi war criminal” error

Independent settles claim for front page photo mistake

15 Mar 2013

Blogger loses libel claim against Council

Chief Executive awarded £25,000 damages for counter-claim

16 Jan 2013

Christina Michalos to address symposium

5RB at Law Commission Contempt Symposium

31 Oct 2012

5RB Sponsors National Pro Bono Centre

Chambers continues support for Pro Bono work as Bronze Sponsor

21 May 2012

Leveson Inquiry

Availability of 5RB counsel

20 Jan 2012

Leveson challenge dismissed

Administrative Court upholds anonymous evidence decision

10 Nov 2011

Leveson Inquiry Starts

Inquiry into press ethics: opening submissions

28 Oct 2011

5RB tops Chambers and Partners 2012

Adam Wolanski wins Defamation and Privacy Junior Barrister of the Year

27 Sep 2011

‘Truly experts’

The Legal 500 review 2012

19 Apr 2011

Council refused Supreme Court permission

Court of Appeal Article 8 decision in Clift v Slough BC to stand

21 Dec 2010

Public authority loses privilege appeal

Court of Appeal give judgment in Clift v Slough Borough Council

5 Nov 2010

5RB tops directory ranking

Chambers & Partners 2011 edition praises set

12 Nov 2009

5RB tops Chambers & Partners review

Set and 21 barristers praised in Chambers UK 2010 Directory

24 Sep 2009

5RB’s juniors: the Legal 500 verdict

What the legal directory had to say about 5RB's junior barristers

24 Jun 2009

Victory for woman labelled ‘violent’

Jury upholds libel claim against Slough Borough Council

29 May 2009

Abortion Statistics Tribunal Begins

Department of Health appeals against Information Commissioner's Decision

11 Nov 2008

Chambers: 5RB is the ‘gold standard’

Set and 21 barristers praised in Chambers & Partners 2009 Directory

2 Jun 2008

New Anti-Doping Advisor qualifies

5RB's Christina Michalos qualifies as a UK Sport accredited Anti-Doping Advisor

27 Nov 2007

Launch of The Trials of Art

Christina Michalos contributes to new work

8 Nov 2007

5RB tops Chambers & Partners review

20 Barristers rated and recommended in the new annual survey

20 Sep 2007

5RB tops Legal 500

20 Barristers rated and recommended in Defamation, Privacy, Intellectual Property, Sport and Media & Entertainment Law

24 Oct 2006

5RB tops Chambers & Partners review

Nineteen barristers recommended in Annual Survey

17 Mar 2006

Prince fails to stop journals’ trial

... but summary judgment granted against Mail on Sunday on Hong Kong diary

24 Feb 2006

Prince of Wales judgment awaited

Summary Judgment hearing concludes

10 Feb 2006

Prince of Wales case in Court again

Media challenge confidentiality in Mail on Sunday litigation

22 Nov 2005

5RB hosts Trade Mark Seminar

3-D and Shape Marks, Olympic Symbols and Merchandising Fame

24 Oct 2005

Chambers’ Review: 5RB top again

20 barristers recommended for Media, Entertainment, Defamation, Privacy, Intellectual Property & Sports Law

15 Sep 2005

5RB at Media Law Conference

Christina Michalos addresses the IBC's Protecting the Media event

16 Jun 2005

Image Rights and Privacy Talk

Christina Michalos assesses the impact of Douglas v Hello! at TIPLO dinner

18 Nov 2004

5RB @ Media Law Conference

Annual Management Forum Conference - 26 January 2005

15 Jul 2004

5RB launches Law of Photography & Digital Images

Christina Michalos praised for 'exceptional' new work

20 Sep 2003

Copyright and Related Rights Regulations 2003

5RB give series of talks

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