Jonathan Scherbel-Ball

Jonathan Scherbel-Ball

Jonathan is recognised as a leading junior practising in all aspects of media, communications and information law. He is a member of the Attorney General’s ‘C’ Panel of Counsel. Jonathan is also called to the Bar of Northern Ireland.

Jonathan regularly acts for both claimants and defendants; his clients include many leading media organisations, for example, the BBC, Times Newspapers, Johnston Press and The Sun. He also regularly represents leading technology and internet companies including Google. As part of the Attorney General’s Panel of Counsel, Jonathan advises many government departments and public authorities, including the Cabinet Office, Ministry of Justice, the NCA and CAFCASS.

Jonathan’s practice spans all aspects of media and information law in equal measure and he is ranked as a leading junior in both ‘Defamation and Privacy’ and ‘Data Protection’ in Chambers and Partners. Recent cases of interest including acting as Counsel for The Times in Allen v Times Newspapers Ltd [2019] EWHC 1235 (QB), a high court trial on meaning; Junior Counsel for the BBC in the ‘Paradise Papers’ litigation [2018] EMLR 14; representing the NCA as Junior Counsel in the leading data protection Cooper v National Crime Agency [2019] EWCA Civ 16; and appearing for Google as Junior Counsel in the first right to be forgotten case to be determined substantively by a UK court in Townsend v Google Inc [2017] NIQB 81.

Cases

Defamation and Privacy

Al-Haddad v BBC (unreported, 2017-2018)

KRW Law LLP and others v News Group Newspapers (2017-2018) unreported

Declan Arthurs v News Group Newspapers [2017] NICA 70

Townsend v Google Inc [2017] NIQB 81

Cushnahan v BBC and anr [2017] NIQB 30.

KL & NN v Sunday Newspapers Ltd [2015] NIQB 88

Scappaticci v BBC (unreported 2015)

Slocombe v Ricochet Ltd and Channel 5 (unreported 2015)

Loughran v Century Newspapers [2014] NICA 26

Way v Northcliffe Media Ltd (unreported, 2012)

Neil Morrissey v Associated Newspapers Ltd (unreported, 2011)

Taranissi v BBC [2008] EWHC 2486 (QB)

Haddock v MGN and others [2008] NICh 14

Data Protection and Information Law

Ministry of Defence v Information Commissioner [2019] UKFTT 2018/0147

Cooper v National Crime Agency [2019] EWCA Civ 16

Adedeji v Information Commissioner and Department of Health [2018] UKFTT 2017/0110

ABC v Google Inc (2018, unreported)

Cooper v National Crime Agency (2017, unreported)

Hazelwood v ICO & Cabinet Office [2017] UKFTT 2016/0204

Galloway v Frazer, Google Inc and others [2016] NIQB 7

Singh Khosa v Secretary of State for Justice (2016, unreported)

Hegglin v Persons Unknown and Google Inc [2014] EWHC 3793 (QB); [2015] 1 Costs L.O. 65

Miller v ICO and BBC [2014] UKFTT 2013/0253

Newbery v Information Commissioner and BBC [2012] UKFTT 2009/0118

Montford v Information Commissioner and BBC [2012] UKFTT 2009/0114

Reporting Restrictions and Reporting the Courts

Jonathan has appeared on behalf of the media at many high profile criminal trials seeking to challenge or vary reporting restrictions. These include R v Hill (2019, the Shoreham air disaster), R v Pryce (allegations of perverting the course of justice), and R v Hayes (LIBOR-rigging allegations).

In addition he has appeared in the following cases on reporting restrictions

Hunt v Hunt [2012] All ER (D) 217 (Oct)

R v Premier News Ltd and anr (2012, unreported)

Publications and Seminars

Contributor to Arlidge, Eady and Smith on Contempt, 5th Edition, 2017.

Criminality and Privacy: Uneasy Bedfellows, New Frontiers in Media and Information Law, June 2007.

Media Access to Court Documents: Transparency in the Family Court, Family Law Bar Association Annual Conference, 2014.

Perception and Reality: Publicity Developments in the Family Courts, Family Law Bar Association, December 2013.

Contributing Editor of Survey of English Libel Law, Media Law Resource Center, 2011-2015.

Contributing researcher on comparative defamation analysis for Article 19, the Global Campaign for Free Expression, 2006-07.

The Business of Keeping Secrets, Commercial Litigation Journal, 2007.

 

Called

2010 Called to the bar

Education

University of Oxford (Lincoln College) MA (Hons) Modern History and Politics - 2000-2003
Postgraduate Diploma in Law (Oxford Brookes) - 2004
Legal Practice Course, Oxford Institute of Legal Practice - 2005
University of Cambridge (Fitzwilliam College) MPhil Modern European History - 2010

Areas of work

Defamation and Malicious Falsehood
Data Protection and Information Law
Privacy and Confidence
Reporting the Courts and Contempt
General Common Law
Human Rights
Injunctive Relief
Intellectual Property

Testimonials

Chambers and Partners 2019 say that Jonathan “has an excellent knowledge of all aspects of defamation, data protection and privacy law.” Defamation/Privacy)

He always goes the extra mile, and is all over the case like a dog with a bone. Nothing is ever a problem for him, and he tackles issues head-on.” (Data Protection)

Legal 500, 2018 describe Jonathan as “Absolutely meticulous in his analysis and work.”

Chambers and Partners 2018 quote Jonathan’s referees as saying that “He’s extremely responsive and able to add value in a short span of time”. “A truffle hound for data protection issues, he produces excellent work product and is very hard-working.” (Data Protection)

“He is extremely user-friendly, very sharp, and always up to speed on the most recent case law.”  (Defamation/Privacy)

Legal 500, 2017  says that Jonathan is “deeply knowledgeable, perceptive, productive and responsive.”

Chambers and Partners 2017 describe Jonathan as “genuinely engaged, committed and hugely diligent. The energy that he brings to a case is absolutely phenomenal. A great team player, his ability to come up with pretty much every available legal argument for assessment is incredibly impressive.”  (Data Protection)

He has a genuinely encyclopaedic knowledge of this area of law.” “He’s fantastic – incredibly responsive, really sharp and not afraid to give a frank view, which is refreshing.”  (Defamation/Privacy)

Languages

French (reasonable)

All cases

Defamation and Malicious Falsehood

Hussein & Ors v Hamilton Franks & Co Ltd & Anr

(2013) 17/01/2013

Tilbrook v Parr

[2012] EWHC 1946 (QB) 13/07/2012

Tilbrook v Parr

[2012] EWHC 1946 (QB) 13/07/2012

King v Grundon

[2012] All ER (D) 96 (May) 11/05/2012

R (On the application of Taranissi) v HFEA

[2009] EWHC 130 (Admin) 14/01/2009

Privacy and Confidence

Appleby Global Group LLC v (1) British Broadcasting Corporation and (2) Guardian News and Media Limited

[2018] EWHC 104 (Ch) 16/01/2018

Injunctive Relief

Hussein & Ors v Hamilton Franks & Co Ltd & Anr

(2013) 17/01/2013

Publications

Arlidge, Eady & Smith on Contempt

Sweet & Maxwell
By Jonathan Scherbel-Ball. 1 Dec 2005

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