Jane is a highly experienced and effective practitioner in all areas of media law, in particular defamation, privacy, breach of confidence, data protection, reporting restrictions, production orders, contempt and harassment. She is often called upon to apply for, or resist, emergency injunctions.
Jane has appeared at first instance, the Court of Appeal and in the Privy Council in numerous leading cases and has been at the forefront of developing the law in her field. Jane acted on behalf of numerous claimants in phone-hacking litigation against The News of the World and in News International’s Voicemail Interception Compensation Scheme.
In addition, Jane regularly advises in non-contentious matters where reputational issues arise such as employment and company disputes and other high-profile and press-sensitive controversies. She also provides high-level pre-publication advice to major publishers.
Jane advises in relation to claims in other common-law jurisdictions, including Hong Kong, Singapore, Jamaica and the Isle of Man. She has advised on substantial libel litigation in Northern Ireland.
Defamation and malicious falsehood
Mionis v Demokratia (2017) – Acted for the successful claimant on appeal to the Court of Appeal on issue of enforcement of Tomlin Orders.
Citation Plc v Ellis Whittam Ltd (2013) – Acted at first instance and in Court of Appeal for the successful defendant in a strike out application for abuse of process.
Trafigura v BBC (2009) – Acted for the defendant in libel action arising out of Newsnight programme.
Taranissi v BBC (2008-9) – Successful libel claim on behalf of the claimant arising out of a Panorama programme “IVF uncovered”.
Bunt v Tilley, AOL and others (2006) – Successful application on behalf of AOL that ISPs were not publishers at common law. Important rulings on section 1 of the Defamation Act 1996 and the E-Commerce regulations.
Strachan v The Gleaner (2005) – Acted for the successful defendant in Privy Council case on default judgments and jurisdiction.
Bonnick v The Gleaner (2002) – Acted for successful defendants in Privy Council case on qualified privilege.
Khalili v Associated Newspapers (2000) – Acted for claimant in successful appeal to Court of Appeal against dismissal of his case for want of prosecution.
Adams v Associated Newspapers (1999) – Acted for the defendants in their appeal to the Court of Appeal on third party proceedings in libel.
Mori v BBC (1998) – Acted for the defendant at trial in the first contested case concerning a live broadcast defence under section 1 of the Defamation Act 1996.
Allason v BBC and Hat Trick Productions (1998) – Acted for the defendants at trial who successfully pleaded fair comment arising out of a “Have I Got News For You” annual which alleged that conservative MP was a “conniving little shit”.
C v Mirror Group Newspapers Ltd and others (1997) – Acted for the defendants on claimants’ unsuccessful appeal to the Court of Appeal against strike out on limitation grounds.
Lloyd v Express Newspapers (1996) – Acted for the claimant in the Court of Appeal on issue concerning severable allegations in libel.
Ashby v Times Newspapers Limited (1995) –Acted for the defendant in five-week trial in successful defence of justification concerning allegation that Conservative MP was gay. .
Upjohn v BBC and Professor Oswald (1994) –Acted for the defendant in three-month trial arising out of a Panorama programme which made allegations of drug fraud.
Walker and Cartmell v Central Television (1991) –Acted for the claimants in six-week trial arising out of an episode of The Cook Report making allegations concerning animal experimentation.
Privacy/breach of confidence, data protection & harassment
Croydon Borough Council v Dodsworth (2017) – Obtained injunction for claimant in breach of confidence.
Universal Tax Solutions Ltd v BBC (2017) – Successfully opposed claimant’s application for an emergency injunction.
News International Voicemail Interception Compensation Scheme (2013-2014) – Independent Barrister to the Scheme representing applicants bringing claims for compensation for phone hacking under the scheme established by News International.
Allan v Mawer (2013) – Acted for defendant doctors in successful application to strike out claim under the Data Protection Act 1998.
Robertson v Rogers (2012) – Acted for defendant in application for harassment injunction.
Law firm v Employee (2012) – Emergency injunction obtained to restrict breach of confidence.
Mills v Associated Newspapers & News Group Newspapers (2007) – Acted for Heather Mills in her privacy and libel claims against the Daily Mail and The Sun.
A v B (2007) – Emergency privacy injunction obtained for the claimant against national newspaper.
A v B (2007) – Acted for claimant in privacy claim against a private individual.
Media, reporting restrictions & production orders
BBC and Press Association v Secretary of State for Transport and British Airline Pilots Association (2019) – Acted for the BBC and PA in an application for permission to use cockpit footage relating to the Shoreham Air Crash
West Midlands Police v BBC (2017) – Acted for the BBC in an application for a production order in relation to a programme entitled “Who Bombed Birmingham?”.
Commissioner of Police for the Metropolitan Police v BBC (2012) – Acted for the BBC in an application for a production order arising out of a Panorama programme entitled “Tabloid Hacks Exposed”.
In re Al-Alas (2012) – Acted for The Times in a successful application to lift reporting restrictions in family court proceedings.
W v M, S and a NHS Primary Care Trust  – Acted for the Times in a successful application to lift reporting restrictions and a ‘non-contact’ injunction imposed by the Court of Protection.
Publications and Seminars
Contributor to Arlidge, Eady & Smith on Contempt, 4th Edition, 2011
Co-author, with Kate Wilson, of the Libel and Slander and Malicious Falsehood chapters in Bullen & Leake & Jacob’s Precedents of Pleadings, 15th, 16th, 17th and 18th Editions
Formerly co-author, Atkin’s Court Forms on Evidence
Defamation Update, Protecting the Media Conference, October 2017
Defamation Update, Protecting the Media Conference, September 2016