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31 January 2012close
Damages and apology secured for Donald Zec OBE, award winning journalist and renowned author
Razi Mireskandari acted for Donald Zec OBE, award winning journalist and renowned author obtaining in a defamation action.
Razi secured an apology and damages in connection with a reference to Donald in Colin Clark's book My Week with Marilyn.
Harper Collins's apologised to Mr Zec and his family. All future editions of the book will be amended.
The apology can be found here on the Harper Collins website and was commented on by Hugh Muir in the Guardian.
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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13 December 2011close
Media organisations challenge Dale Farm production order
Channel 4 and Hardcash Productions joined other media organisations in Chelmsford Crown Court today to oppose the application brought by Essex Police for disclosure of unbroadcast footage of the Dale Farm eviction in October.
Essex Police are seeking a production order in respect of all images, both published and unpublished, moving or otherwise, of the Dale Farm eviction acquired on 19 and 20 October. The purpose of the order is stated to be the investigation of offences of violent disorder and similar offences.
Hardcash produced BBC1 Panorama's programme "Dale Farm: The Big Eviction" aired on BBC1 on 27 October. Channel 4 produces "My Big Fat Gypsy Wedding". Both companies would be affected by the production order, if granted.
Reports of today's hearing appear on The Guardian and The Independent websites.
Channel 4 and Hardcash Productions are represented by SM&B partner, Louis Charalambous.
Note: The application has been adjourned part-heard until Thursday 22 December 2011.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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08 December 2011close
The Bureau of Investigative Journalism publish exposé on lobbying
SM&B has been advising the Bureau of Investigative Journalism in relation to its high profile expose this week of work done by UK PR/lobbying firms on behalf of repressive overseas regimes (visit the Bureau's website http://www.thebureauinvestigates.com/). The Bureau's investigations highlight the desirability of introducing a statutory register for firms to disclose whom they are representing, along the lines already existing in the USA.
The Bureau has been working in association with The Independent.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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06 December 2011close
£70 million claim against American Hedge Fund dismissed
On 6 December 2011, his Honour Judge Keyser Q.C. handed down judgment in the £70 million claim by McKay Solicitors and Advocates against New York hedge fund, Centurion Credit Resources LLC. The claim, which centred on a Loan Agreement between the parties, was dismissed on all grounds.
The successful defendant, Centurion, were represented by SM&B partner Lucy Moorman and solicitor Theo Solley. The judgment followed a two day trial before His Honour Judge Keyser Q.C., sitting as a Judge of the High Court in the Mercantile Divison of the High Court in Leeds.
David Quest, barrister at 3 Veralum Buildings, instructed by SMAB, appeared on behalf of Centurion. A copy of the judgment can be found here.
Further information
Contact Theo Solley
theo.solley@smab.co.uk
020 3206 2700
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28 November 2011close
Christopher Jefferies tells Leveson Inquiry he was "shamelessly vilified"
Christopher Jefferies gave evidence at the Leveson Inquiry today about the hostile press coverage he faced following his arrest in connection with the Joanna Yeates murder case at the end of 2010.
Mr Jefferies was released without charge but was, in his words, "shamelessly vilified" by various national newspapers.
Mr Jefferies subsequently instructed SM&B to bring defamation claims against eight newspaper titles - the Sun, Daily Mirror, Sunday Mirror, Daily Record, Daily Mail, Daily Star, Scotsman and Daily Express. They agreed to pay him substantial libel damages and statements in open court were read in July 2011.
Mr Jefferies was represented by Louis Charalambous, assisted by Lucy Moorman and Jeffrey Smele.
Further information about today's evidence can be found in this article on The Guardian website.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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18 November 2011close
SM&B clients speak out in Chris Atkins' new short film about access to justice
SM&B clients Christopher Jefferies, Mohammed George, Heather Brooke and Zoe Margolis all appear in Chris Atkins' and Mustafa Khalili's powerful short film on the impact of the government's proposed reforms to conditional fee agreements (CFA) and after the event insurance on access to justice.
The film, which is currently being shown on The Guardian newspaper's website, casts a spotlight on how proposed restrictions to CFA agreements will hit access to justice for individual claimants in libel claims, privacy claims and other litigation. The film also includes insights from former tabloid journalist Richard Peppiatt.
Christopher Jefferies, Mohammed George and Zoe Margolis were all represented by this firm on CFA agreements which enabled them to obtain redress for the damage caused by serious libels published by the national press. Without represention on a CFA by this firm, freedom of information campaigner Heather Brooke could not have pursued her successful appeal to the Information Commissioner which ultimately led to the Daily Telegraph's revelations about MP's expenses.
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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10 November 2011close
Libel damages for Dale farm's Kathleen McCarthy
The People today apologised at the High Court to Dale Farm resident and campaigner, Kathleen McCarthy, and agreed to pay her substantial libel damages.
On 2 October 2011, the People had published an article in the Sunday newspaper and on its website making allegations that Kathleen McCarthy was to be investigated over allegations of slavery. The newspaper headline read, "DIVA PROBE Dale Farm gran quiz over slaves".
The allegations were untrue and the police confirmed that Kathleen was not the subject of any ongoing or proposed investigation.
In the Statement in Open Court read before Mr Justice Eady at the High Court today, the newspaper acknowledged that its story should not have been published.
SM&B partner Martin Soames told the Court that the newspaper had undertaken to pay Kathleen McCarthy substantial damages for the damage to her reputation and distress, as well as her legal costs.
After the hearing, Kathleen McCarthy issued the following statement:
"I am happy with this positive result during a very difficult time. After a long fight to remain at Dale Farm my family, my community and I are picking up the pieces and trying to rebuild our lives. The experience has been traumatic, draining and stressful. I do not feel ready to return to the RCJ - a place that I spent a large amount of time defending the right to remain on land owned by my community. I would like to thank my legal team for defending me against damagingly false and hurtful statements against me and my community at a time when we were at our most vulnerable."
Kathleen McCarthy was represented throughout this matter by Martin Soames and trainee John Sandiford.
A full copy of the Statement in Open Court can be read here.
Further information
Contact Martin Soames
martin.soames@smab.co.uk
020 3206 2700
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07 October 2011close
Unite Here! strike out libel claim in which Sheldon Adelson "lost interest"
A libel action brought against SM&B client, Unite Here! and Debbie Anderson, one of its officials, by Sheldon Adelson has been struck out by Mr Justice Tugendhat because of the claimant's delays and lack of interest in the action.
The claim concerned material about plans for reform of gambling laws published by Unite Here! to about 100 people at a fringe meeting at the Labour Party conference in Brighton in September 2004.
Businessman Sheldon Adelson and his Las Vegas Sands Corporation, which runs leisure and gambling resorts, issued the libel claim in September 2005 but did not serve proceedings until March 2006. The action claimed damages and an injunction. The defendants pleaded justification and qualified privilege.
A trial was set for October 2007 but was adjourned. In the meantime, Mr Adelson pursued another libel action against Associated Newspapers Ltd over similar allegations. This action was settled in March 2008. However, it was not until March 2011, that Mr Adelson's solicitors proposed a new timetable in the claim against Unite Here! The defendants then applied for the action to be struck out on the grounds that it was an abuse of process because of the claimant's inordinate and inexcusable delays.
The Judge agreed, holding that what was now at stake in the action did not justify the deployment of the Court's resources. The Judge stated that he would also have struck out the claim on the basis that Mr Adelson ceased in March 2008 to have the intention of prosecuting the action to trial. Mr Adelson would "achieve very little indeed" if he were to succeed in defeating the defence of justification at a trial in 2012.
After the decision, Unite Here! issued this press release.
The defendants were represented throughout the litigation by SM&B partner Stephen Shotnes together with solicitor Jeff Smele.
To read Mr Justice Tugendhat's judgment click here. The neutral citation for the judgment is [2011] EWHC 2497 (QB)
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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30 September 2011close
Rio Ferdinand - SM&B instructed to appeal privacy judgment
SM&B are instructed by Rio Ferdinand to appeal the decision of Mr Justice Nicol in his claim against the Sunday Mirror.
Judgment in Ferdinand v Mirror Group Newspapers was handed down yesterday, 29 September 2011. Mr Justice Nicol dismissed the former England captain's claim for 'misuse of private information'. The Judge held that the newspaper was right to publish details of the former England captain's personal life to correct a false public image.
This was the first 'misuse of private information' trial against a newspaper since former FIA President Max Mosley sued the News of the World. In that case, Mr Justice Eady found in Mr Mosley's favour and ordered the News of the World to pay him damages of £60,000.
Mr Ferdinand is represented by SM&B partner, Martin Soames and Gordon Clough. SM&B's team remain firmly of the view that the private information in this case should never have been published. An application to the Court of Appeal for leave to appeal will be made in October.
For a copy of the judgment, click here.
For an interesting commentary on the judgment by Lorna Skinner of Matrix Chambers published on Informm, click here.
Further information
Contact Martin Soames
martin.soames@smab.co.uk
020 3206 2700
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29 September 2011close
Rio Ferdinand judgment - Press Release
FERDINAND -V- MIRROR GROUP NEWSPAPERS
PRESS RELEASE by Simons Muirhead & Burton on behalf of Rio Ferdinand
"We are extremely disappointed with the Court's decision and do not believe that it represents the law as it stands. It is our view that these are clearly private matters that ought never to have been published. We will be appealing the Judgment at the first available opportunity."
ENDS
Notes to Editors
1. Simons Muirhead & Burton is instructed by Rio Ferdinand in his privacy action against MGN.
Counsel for Mr Ferdinand are Hugh Tomlinson QC and Sara Mansoori of Matrix Chambers.
2. Any press inquiries to Justin Rigby, True North Media 07866 972071
29 September 2011
Further information
Contact Martin Soames
martin.soames@smab.co.uk
020 3206 2700
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16 September 2011close
Possession proceedings launched against Rupert Allason and Westintel
SM&B client, Random House, represented by Stephen Shotnes, has issued possession proceedings seeking to recover almost £300,000 of legal costs against Rupert Allason and his service company Westintel (Research) Limited. The costs remain unpaid ten years after the Court first ordered Allason and Westintel to pay them.
The case, which has a lengthy history and has been before the Court many times over the last decade, commenced with a claim by Allason and Westintel to copyright of the autobiography of John Cairncross ("The Enigma Spy: an Autobiography"). The claim failed at trial in October 2001 and Random House were awarded costs on an indemnity basis.
Random House has never been paid a penny in costs and, having obtained a charging order over Allason and Westintel's long leasehold interest in Mayfair property, 6 Burton Mews, the publishing company now seeks an order for possession and sale of the interest. Proceedings were issued in the High Court on 15 August 2011 and the matter has now been listed for hearing on 26 September 2011.
The latest case in this decade-long legal saga has attracted the attention of the Daily Mail. Partner Stephen Shotnes has represented Random House throughout the case.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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09 September 2011close
Employment Team wins complex working time case in the Court of Appeal
The SM&B Employment Team, led by Partner Ewan Keen, has been successful in representing the Corps of Commissionaires in the Court of Appeal involving a complex working time case.
Hughes v The Corps of Commissionaires Management Ltd involved the interpretation of the Working Time Regulations 1998 (WTR) in respect of rest periods, which provides that security guards are exempt from the entitlement to a rest break when working longer than six hours as long as they are given an equivalent period of compensatory rest instead, or other appropriate protection to protect their health and safety.
Mr Hughes worked 12-hour shifts. He was contactable during his rest break so it could be interrupted, but he would be entitled to start a break again if he was disturbed. A previous appellate court case, Gallagher v Alpha Catering Service (CA), requires that a rest break be free from working time and should be uninterrupted, with the worker knowing beforehand that it will be uninterrupted, in other words, it should be provided at another time.
Caspar Glynn, of Cloisters Chambers, instructed by Ewan Keen, succeeded in convincing the Court of Appeal that the EAT were correct in holding that a compensatory rest break need not comply with the Gallagher requirements, but should come as close to meeting those conditions as possible.
The Court of Appeal accepted that an equivalent period of compensatory rest, as defined in Gallagher, could frustrate the intentions of legislation which is designed to protect health and safety, because a rest break which re-starts if interrupted is more beneficial than a Gallagher type break taken on a later shift. Therefore, the WTR are not breached where an employer is unable to offer a Gallagher type rest break, but offers a break which is almost the same.
Makbool Javaid, Partner and Head of SM&B's Employment Team said:
"Ewan and Caspar Glynn have achieved an excellent result in the Court of Appeal for our client and the security industry in general. This is a precedent case that establishes the law concerning a worker's entitlement to rest breaks at single manned sites and represents a common sense approach for employers. This shows how Simons Muirhead & Burton can work with clients and counsel to secure the desired result at the highest levels".
Further information
Contact Ewan Keen
ewan.keen@smab.co.uk
020 3206 2700
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05 August 2011close
"Christopher Jefferies case delivers wake up call to tabloids"
In the wake of the "tabloid double whammy" at the High Court last week which saw the Daily Mirror and The Sun fined substantial sums for contempt of court and, along side other tabloids, apologising and paying substantial damages for libel, both in connection with their reporting of the arrest of Christopher Jefferies, Louis Charalambous provides "the expert view" on guardian.co.uk. Click here.
As previously reported on this site, SM&B litigation partner Louis represented Christopher Jefferies in his successful libel claim against the newspapers assisted by fellow members of the Libel, Privacy and Reputation team, Lucy Moorman and Jeffrey Smele.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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29 July 2011close
Press Release - Christopher Jefferies
The following statement was issued today by Simons Muirhead & Burton and Stokoe Partnership Solicitors for Christopher Jefferies
"Eight national newspapers today made apologies to Christopher Jefferies for the defamatory allegations made against him in relation to the death of Joanna Yeates and agreed to pay him substantial libel damages.
Mr Jefferies' solicitor, Louis Charalambous, Media Litigation Partner at Simons Muirhead & Burton, told Mr Justice Tugendhat in the High Court hearing that the newspapers had acknowledged the falsity of the allegations in question which were contained in over 40 articles published in late December 2010 and early January 2011 and apologised to him for their seriously defamatory articles.
Speaking afterwards Mr Charalambous of Simons Muirhead and Burton, said:
"Christopher Jefferies is the latest victim of the regular witch hunts and character assassination conducted by the worst elements of the British tabloid media. Many of the stories published in these newspapers are designed to "monster" the individual, in flagrant disregard for his reputation, privacy and rights to a fair trial. These newspapers have now apologised to him and paid substantial damages but they do so knowing that once the Conditional Fee Agreement rules are changed next year victims of tabloid witch hunts will no longer have the same access to justice."
Bambos Tsiattalou, Senior Partner at Stokoe Partnership conducting his wrongful arrest claim and who advised Mr Jefferies following arrest, said:
"We warned the media by letter, immediately following Mr Jefferies' arrest, in the strongest possible terms to desist from publishing stories which were damaging or defamatory. We were dismayed that our warnings went unheeded and are pleased that the newspapers in settling Mr Jefferies' claims have acknowledged the extent of the damage to his reputation."
Notes to Editors
- Simons Muirhead & Burton act for Mr Jefferies in his libel and privacy claims on behalf of Mr Jefferies against The Sun, Daily Mirror, Sunday Mirror, Daily Record, Daily Mail, Daily Star, The Scotsman and Daily Express.
- Stokoe Partnership represented Mr Jefferies whilst he was detained by police and subsequently until he was released from bail with no further action. They continue to act in his claim against Avon & Somerset Police for false imprisonment, trespass and breach of the Human Rights Act 1998.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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29 July 2011close
Christopher Jefferies - media apologise and make substantial libel payout
Eight national newspapers today made apologies to Christopher Jefferies for the defamatory allegations made against him in relation to the death of Joanna Yeates and agreed to pay him substantial libel damages.
Mr Jefferies, a retired school master who taught English at Clifton College for 34 years, was the landlord of murdered architect, Joanna Yeates. He was arrested on suspicion of her murder on 30 December 2010 and released on unconditional bail two days later, and the police subsequently released him from bail.
Following his arrest, a large number of newspapers, including The Sun, Daily Mirrorand Daily Mail published articles, many of which suggested that there were strong grounds to suspect that Mr Jefferies had killed Joanna Yeates. Several articles went on to allege that he had acted inappropriately with his pupils. Some articles even suggested he was an associate of a convicted paedophile and that there were grounds to investigate whether he was responsible for an unsolved murder dating back to 1974.
These allegations were completely untrue. As the newspapers have now acknowledged, Mr Jefferies had nothing to do with Joanna Yeates' death and there was absolutely no basis for suggesting he had ever acted inappropriately with any pupil during his long and distinguished career as a teacher.
Three statements were read at the High Court today before Mr Justice Tugendhat by Mr Jefferies' lawyer, SM&B partner, Louis Charalambous, in which the newspapers apologised to Mr Jefferies and announced that they had agreed to pay substantial damages to him for libel.
Speaking after the hearing, Louis said:
"Christopher Jefferies is the latest victim of the regular witch hunts and character assassination conducted by the worst elements of the British tabloid media. Many of the stories published in these newspapers are designed to "monster" the individual, in flagrant disregard for his reputation, privacy and rights to a fair trial. These newspapers have now apologised to him and paid substantial damages but they do so knowing that once the Conditional Fee Agreement rules are changed next year victims of tabloid witch hunts will no longer have the same access to justice."
Christopher Jefferies said, "SM&B has dealt with the whole matter of my libel case expeditiously and successfully and I am very grateful to my legal team."
For a full version of the Statement in Open Court read at the High Court in the claims against NGN, MGN, ANL and another, click here.
For a full version of the Statement in Open Court read at the High Court in the claim against Express Newspapers, click here.
For a full version of the Statement in Open Court read at the High Court in the claim against The Scotsman, click here.
For the press release, click here.
For the BBC's report of this story and coverage of Louis' statement on the steps of the High Court, click here.
Christopher Jefferies was represented throughout this matter by partner Louis Charalambous with the assistance of in-house Counsel, Lucy Moorman, solicitor,Jeffrey Smele and Leading Counsel from Matrix Chambers, Hugh Tomlinson. Both SM&B and Counsel acted for Mr Jefferies on a Conditional Fee basis.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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05 July 2011close
SM&B act for Rio Ferdinand in privacy case
SM&B act for England and Manchester United footballer Rio Ferdinand in his privacy case against MGN Limited, publishers of the Sunday Mirror.
Rio is suing the paper for misuse of private information. The trial continues before Mr Justice Nicol at the High Court in London.
Further information
Contact Martin Soames
martin.soames@smab.co.uk
020 3206 2700
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22 June 2011close
SM&B act for Owen Morris in libel claim against the Sunday Times
SM&B Partner Stephen Shotnes acts for Owen Morris, former boyfriend of sex blogger 'Belle de Jour', in a libel claim against the publishers of the Sunday Times.
Morris, a RAF officer is demanding substantial damages from Times Newspapers over two stories that appeared in the paper in March 2010 headlined "Life without the mask of Belle de Jour" and in November 2010 headlined "Brooke Magnanti: The World's Fastest Interview".
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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23 May 2011close
Ofcom upholds complaint by Maziar Bahari against Press TV
Ofcom has upheld Newsweek journalist Maziar Bahari's complaint of unfair treatment and unwarranted infringement of privacy in the making and broadcast of a news report by Iranian news channel Press TV.
Mr Bahari was represented by SM&B Partner Louis Charalambous and Jeffrey Smele.
Mr Bahari had been arrested and imprisoned in Evin prison in Tehran in June 2009, while he was reporting on the Iranian presidential elections. He was charged with espionage and "undermining the security of the Iranian nation", and informed he could face the death penalty. However, he was told that he would be freed if he made a televised statement about the role of the Western media in the post electoral demonstrations. This took place from the prison, with Mr Bahari reading out scripted answers prepared by the Iranian authorities.
Press TV were present, and later broadcast a report which included footage of Mr Bahari speaking from prison, but presenting it as an ordinary interview. Along with this, comments were made by the presenter effectively alleging that Mr Bahari was a biased journalist.
Mr Bahari complained to Ofcom after he was released from prison and became aware of this broadcast.
Ofcom has upheld every single ground of Mr Bahari's complaint, finding that:
- Press TV's presentation of Mr Bahari was unfair, as it omitted material facts and was placed in a context in which inferences adverse to him could be drawn;
- Press TV did not obtain Mr Bahari's consent to his participation in the programme, and this contributed to the overall unfairness;
- Press TV's filming and broadcast of the interview without his consent while he was in a sensitive situation and a vulnerable state was an unwarranted infringement of Mr Bahari's privacy.
A copy of the decision is available here at page 30 and has been reported in T he Guardian newspaper.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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10 May 2011close
Institute for Strategic Dialogue apologises to Moazzam Begg, Bisher Al Rawi and Jamil El Banna
Another success for our Libel, Privacy and Reputation team.
The Institute for Strategic Dialogue has apologised and paid libel damages and costs to our clients, Moazzam Begg, Bisher Al Rawi and Jamil El Banna. See here.
A just outcome for three people who had been unlawfully subjected to years of incarceration in Guantanamo Bay.
Messrs Begg, Al Rawi and El Banna were represented by Razi Mireskandari and Jeffrey Smele.
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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06 May 2011close
Amnesty award nomination for the Bureau of Investigative Journalism
SM&B client, the Bureau of Investigative Journalism, has been nominated for an Amnesty Digital Media Award for its work on the Wikileaks Iraq War Logs.
The Bureau was one of a small number of media outlets worldwide which received raw data from Wikileaks in 2010 and copiously evaluated and analysed the documentation before publishing and bringing into the public domain wide-ranging revelations about the conduct of the war in Iraq and its ongoing aftermath. SM&B partner, Stephen Shotnes, advised the Bureau about its publication of the material.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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04 May 2011close
ASH investigates lobbying on legislation curbing cigarette displays in shops
SM&B partner and member of our Investigations and Regulatory team, Stephen Shotnes, has been advising Action on Smoking and Health (ASH) on its investigations into concerns over covert funding by the tobacco industry of lobbying against the Government's proposed legislation placing curbs on cigarette displays in retail outlets. ASH achieved a major success at the AGM of BAT on 28 April 2011 when the company admitted to Kevin Barron MP that it had contributed funding to a lobbying campaign against the legislation carried out on behalf of the National Federation of Retail Newsagents.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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21 April 2011close
SM&B act for Christopher Jefferies in libel and privacy claims against national and local newspapers
Mr Christopher Jefferies has today given notice of libel and privacy claims against a large number of national and local newspapers in relation to articles published by them in December 2010 and January 2011.
The newspapers include The Sun, Daily Mirror, Daily Mail, Daily Express and Daily Star among others. Mr Jefferies will be seeking vindication of his reputation for the terrible treatment he received. Mr Jefferies will not be making any statement about these claims until their conclusion, which he hopes will be in the very near future.
Simons Muirhead & Burton partner, Louis Charalambous, who also represented Robert Murat, leads the team representing Mr Jefferies in these libel and privacy claims.
A Press Release is available here.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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18 April 2011close
Supreme Court backs Court of Appeal decision in favour of SM&B client Jane Clift
The Supreme Court has today refused permission to Slough Borough Council to appeal against the Court of Appeal's upholding of the trial judge's finding in favour of Jane Clift.
Jane Clift had sued the Council for libel after it included her name on a register of potentially violent individuals circulated to third parties. At trial the jury found in her favour and awarded her damages of £12,000 as vindication of the damage caused to her reputation by the Council's unlawful actions.
The Council appealed to the Court of Appeal arguing that the trial judge should not have accepted legal argument made on behalf of Jane Clift that her rights under the Human Rights Act relating to Article 8 of the European Convention of Human Rights had to be given full effect in relation to the Council's argued defence of qualified privilege. However, the Court of Appeal endorsed the trial Judge's reasoning. The decision has been widely recognised in legal circles as an important development in this area of law (see the International Forum for Responsible Media's Blog inforrm for further information).
Jane Clift could not afford legal advice for the trial. Fortunately, SM&B Libel, Privacy and Reputation team members, Stephen Shotnes and Lucy Moorman, offered to act for Jane on a Conditional Fee Agreement ("CFA") and two barristers Hugh Tomlinson QC and Christina Michalos were also prepared to represent her on the same basis.
Thus, Jane was able to go to trial with the benefit of legal advice and assistance when up against a far better resourced opponent. This clearly represents a victory for the access to justice which CFA's can enable and is something which it is to be hoped Parliament will not overlook when soon debating proposed new legislation on CFA's and other matters.
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25 February 2011close
SM&B advise film director Chris Atkins on Churnalism
SM&B Head of Litigation Razi Mireskandari advised film director Chris Atkins as he investigated the world of churnalism.
In a short video posted on the Guardian website 'Churnalism: When press releases masquerade as news stories - video' Chris Atkins investigates which news articles are not researched by journalists, but are simply based closely on press releases, a process known as 'churnalism'.
Churnalism.com, an independent, non-profit website, has been launched by the Media Standards Trust to help the public distinguish between original journalism and 'churnalism'.
Razi commented,
"Chris is fast turning into an alternative regulator of the press. The work he has done on churnalism neatly follows on from his film Starsuckers. Long may it continue."
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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02 February 2011close
Jane Clift opposes Slough Borough Council's application to the Supreme Court
A notice of objection has been filed on behalf of Jane Clift against Slough Borough Council's attempt to take her libel case to the Supreme Court.
Ms Clift, represented by SM&B's Libel, Privacy and Reputation team, has won her case at every stage.
On 21 December 2010, the Court of Appeal dismissed Slough's appeal and ordered payment of Ms Clift's costs. Permission to appeal was refused.
However, on 18 January 2011, Slough filed an application for permission to appeal the decision with the Supreme Court. The appeal focuses on the public authority's attempt to claim qualified privilege in respect of publication of defamatory information about Ms Clift in contravention of its public law duties.
Ms Clift successfully sued Slough and its "Head of Public Protection" for libel after she was placed on the Council's "Violent Persons Register" with a risk rating of "medium". Her ordeal began when she witnessed anti-social behaviour in a public park and then wrote a letter of complaint to the Council with which it took issue.
Ms Clift initially pursued her libel claim in person. She came to SM&B for assistance ten days before the trial in the High Court, before a jury, was due to start. Lucy Moorman and Stephen Shotnes agreed to act on a Conditional Fee Agreement. Leading Counsel, Hugh Tomlinson QC, and Junior Counsel, Christina Michalos, agreed to act on the same basis.
At trial, the jury found in Ms Clift's favour and awarded her libel damages in the sum of £12,000 (as reported in the Daily Mail and on the BBC).
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14 January 2011close
Settlement for EastEnders director
SM&B solicitor Theo Solley and Head of Litigation Razi Mireskandari negotiatied a settlement just weeks before trial was due to be heard of a claim made by a Eastenders director Paul Annett against the BBC following a fall whilst filming a New Year Eve 2006 episode of the well known TV show.
SM&B acted for Mr Annett on a Conditional Fee Agreement (a CFA) and obtained After the Event legal insurance, both which allowed Mr Annett to pursue his case when he might otherwise have not.
The settlement includes a payment to Mr Annett and a contribution towards his legal costs.
Further information
Contact Theo Solley
theo.solley@smab.co.uk
020 3206 2700
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16 December 2010close
SM&B act in major Time Out transaction
SM&B's Corporate Team acted for Time Out founder Tony Elliott in respect of the sale of 50% of his interest in Time Out Group Limited to Oakley Capital, a private equity firm, for an undisclosed sum. The firm also represented the Time Out Group in respect of its related refinancing.
The deal was highly complex, involving the repayment of all debt owing by the Time Out Group; agreeing terms for the future collaboration between Oakley and Mr Elliott in particular focusing on Time Out's digital growth; the replacement of the entirety of the Group's previous banking arrangements with Lloyds TSB; as well as the disposal of Mr Elliott's interest and the insertion of a board representation structure for Oakley. Negotiations were detailed and involved consideration of the structural and taxation implications of the proposed deal for all parties.
Mr Elliott will remain the chairman of Time Out following the transaction, and the existing management structure of the operating company of the Time Out Group will be unchanged. All parties are hopeful that the deal will bring renewed success for the Time Out brand, as it looks to develop its digital businesses, build on the success of its flagship London magazine title, and to expand into new territories and new media.
David King, Chief Executive of Time Out Group, said of SM&B's role:
"This was a complex deal with many stakeholders. Simon Goldberg and the SM&B team provided grounded, hands-on support and advice throughout the transaction process that enabled us to get the deal over the line."
SM&B have acted for both Mr Elliott and the Time Out Group for more than 30 years providing a broad range of corporate, employment and litigation services.
SM&B's team was led by partner Simon Goldberg assisted by senior assistant Neal Hodges and junior assistants Elizabeth Muirhead and Blaise Gaymer.
National press reaction to the transaction can be found in The Guardian, The Telegraph, The Financial Times and The Independent .
Further information
Contact Simon Goldberg
simon.goldberg@smab.co.uk
020 3206 2700
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13 December 2010close
Procedure Group calls for defamation reform
The Early Resolution Procedure Group, whose members include Razi Mireskandari, Managing Partner and Head of the Libel, Privacy & Reputation department at SM&B, has issued its report entitled 'Media Disputes & Civil Litigation Costs' calling for procedural reform to achieve earlier and cheaper resolution of defamation claims.
The Group, under the Chairmanship of Sir Charles Gray and made up of eight senior practitioners in the field of media law, calls for legislation to amend s.69 of the Senior Courts Act 1981, the old Supreme Court Act, which still gives the right to jury trial to those involved in libel actions. Jury trial and the uncertainty over the "meaning" attributed to a defamatory article can cause each side to run up huge legal costs.
The Group has therefore called for primary legislation to amend s. 69 so that judges can decide "meaning" or "comment" disputes at a very early stage in libel proceedings so that each side knows where it stands. While the Group does not call for the abolition of trial by jury in libel actions it is hoped that the recommended changes to s. 69 might help resolve many cases much earlier including some honest comment cases like Simon Singh's with the British Chiropractic Association.
Further comment on the Report can be found on the Inforrm's Blog and the 5RB website.
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30 November 2010close
Employment team successfully represents Corps of Comissionaires at the Employment Appeal Tribunal
Corps of Comissionaires, represented by Caspar Glyn (of Counsel), instructed by Ewan Keen, a Partner in SM&Bs Employment Team has successfully argued against an appeal to the EAT by one of the Corps workers that the company was in breach of the rest break provisions in the Working Time Regulations.
In its judgment, delivered on 22 November 2010, the EAT (The Honourable Lady Smith, Mrs C Baelz and Ms B Switzer) rejected an appeal by Mr Hughes that his employer had not provided him with appropriate protection to safeguard his health and safety, where for objective reasons the Corps could not provide an equivalent period of compensatory rest in circumstances where his work could not be arranged to provide him with an uninterrupted rest break.
The EAT held that in circumstances where, although it could not be guaranteed in advance that their breaks would be uninterrupted, the guards could choose when to take their break so as to minimise the risk of interruption, appropriate protection was being provided to safeguard Mr Hughes' health and welfare. The statutory provision to provide 'appropriate protection' was so wide that it might encompass anything from shorter rest breaks to any number of other measures, including the way the work is organised. Mr Hughes' appeal was therefore dismissed.
Commenting on the decision, Makbool Javaid, Head of the Employment Team said: "This is an excellent outcome for our client as we were able to convince the EAT that compensatory rest need not have all the features of the lost statutory rest break itself, provided it is appropriate in all the circumstances. It also demonstrates that the Regulations do permit employers a measure of flexibility if they comply with the letter and spirit of the legislation. The outcome came about because of the determination, hard work and confidence that Ewan brought to the table, together with his understanding of the business and the sector."
Further information
Contact Ewan Keen
ewan.keen@smab.co.uk
020 3206 2700
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25 November 2010close
SM&B advise on launching the Bodyrocka fitness product as developed on “The Apprentice”
SM&B's Coprorate and Commerical department advised Philip Taylor and others on the lauch of the Bodyrocka fitness product as developed on the hit TV series 'The Apprentice'.
James Greenslade advised the Apprentice contestant and his partners on licensing the rights from TalkbackThames with the product now being sold in ASDA.
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22 November 2010close
Sunday Telegraph apologises to Abdullah Al Abdin
The Sunday Telegraph has apologised and paid libel damages to our client, Abdullah Zein Al Abdin.
In article published on 28 February 2010, the influential Sunday newspaper published false allegations concerning a talk given by Mr Al Abdin at a two day symposium for young Muslims.
Mr Al Abdin is a well known Muslim scholar. Between 1997 and 2001, he acted as religious director, lecturer and representative of Yusuf Islam (formerly known as Cat Stevens). He founded the first British Muslim school in the United Arab Emirates and he was project manager for the London East Academy, opened in 2003 in the presence of HRH Prince Charles. He is Chairman of IWAAN , a business club for Muslim professionals and business people.
His claim for libel was settled after the Sunday Telegraph made a qualified offer of amends. The newspaper agreed to publish a correction and apology in the newspaper and online (see here) and to pay Mr Al Abdin damages for libel and his legal costs.
Mr Al Abdin was represented by Razi Mireskandari and Lucy Moorman of our Libel, Privacy and Reputation team.
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16 November 2010close
Death and discrimination in Singapore
Saul Lehrfreund MBE and Parvais Jabbar, executive directors of the Death Penalty Project write on the case of writer Alan Shadrake and his jail sentence for exposing the lottery of Singapore's execution rates.
The article, in the Guardian's Comment can be found here, and a further piece in Editorial here.
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03 November 2010close
Louis Charalambous acts for Shameless Star
Louis Charalambous, partner in the Criminal team, recently acted for Shameless star Elliot Tittensor. The actor, who played Carl Gallagher in the Channel 4 cult TV show since the first series was in court for a driving offence.
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29 October 2010close
Wikileaks Iraq War Documents Make World-Wide News
SM&B Partner, Stephen Shotnes, advised the Bureau of Investigative Journalism over its use of secret US Iraq war logs made available to it by Wikileaks and the launch of its website dedicated to the biggest leak of military documents in history.
The website is based on months of analysis by the Bureau of these documents, detailing the untold story of the war. The Bureau was given advance access to the data by Wikileaks along with The Guardian, New York Times and Germany's Der Spiegel.
Following publication of the material on 22 October, the story was covered widely in both the domestic and international media. The Bureau also produced films based on its 3 months research for Channel 4 and Al Jazeera.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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25 October 2010close
"Putin's Russia" wins English PEN award
The late Anna Politkovskaya has been named the inaugural winner
of the English PEN Literature in Translation Award for her
non-fiction work Putin's Russia published by SM&B
client Random House .
In October 2006, two years after its UK publication, Politkovskaya
was shot dead in the stairwell of her Moscow apartment block.
The book was banned in Russia.
Julian Evans, outgoing chair of the writers in translation
committee, which chose the winner, said: "When Anna Politkovskaya
got her teeth into any form of corruption in Vladimir Putin's
Russia, she never let go. Her memory as well as her superbly
passionate writing, fuelled by her contempt, is honoured by this
prize."
Razi Mireskandari, head of SM&B's Libel, Privacy and Reputation team, was instructed on the legal clearance work which ensured that Putin's Russia could be published in the UK.
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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12 October 2010close
Paddy Hill wins apology and damages from Harvard University Press
In the High Court today, before Mr Justice Eady, Harvard University Press (HUP) and editor of "An Anthology of Modern Irish Poetry", Wes Davis, joined in the making of a Statement in Open Court to apologise to Paddy Hill for publishing a serious libel in the Anthology suggesting that there were grounds to believe that he was guilty of the 1974 Birmingham pub bombings.
Mr Hill was wrongly convicted of the bombings in 1975. He spent more than 16 years fighting to establish his innocence. His conviction was quashed in 1991 and, in 2001, he was awarded substantial compensation in recognition of the terrible miscarriage of justice in his case.
Since then Mr Hill has set up MOJO, the Miscarriages of Justice Organisation, to help others who have suffered miscarriages of justice. The allegation by Wes Davis and published by HUP was seriously defamatory and extremely damaging to Mr Hill's reputation and credibility, as well as that of MOJO.
HUP have also agreed to pay Mr Hill damages and legal costs and will publish an apology on its website. They have also undertaken to correct future additions of the Anthology.
Mr Hill was represented by Lucy Moorman of our Libel, Privacy and Reputation team.
You can read the full statement here.
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30 September 2010close
SM&B advises producers of Mr Moon cartoon series
SM&B film and TV team James Greenslade and Nicholas Lom recently advised Skaramoosh, the producers of the Mr Moon cartoon series, on the production, financing and distribution of the series and the licence of rights to Disney.
This was a three way international co-production with Sparky Animation in Singapore and Title Entertainment in Canada.
The Mr Moon cartoon series broadcasts on the Disney Playhouse Channel.
Further information
Contact James Greenslade
james.greenslade@smab.co.uk
020 3206 2700
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24 September 2010close
Judicial Review of coalition government’s immigration caps
On 16 August 2010 (see earlier news item) SM&B's Shahram Taghavi, acting for the Joint Council for the Welfare of Immigrants, launched a legal challenge against the interim immigration caps imposed by the coalition government.
The case is now expected to be heard by the High Court in October 2010 and is reported in the Guardian and the Independent newspapers and on the BBC website.
See Simons Muirhead & Burton's Press Release here.
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18 August 2010close
Recruitment agency succeeds in claim against BNP Paribas
SM&B's litigation team has successfully acted for specialist recruitment agency ITS City Limited in a breach of contract claim against the city bank BNP Paribas.
ITS City introduced a well-paid analyst to BNP Paribas and SM&B succeeded in recovering damages for non-payment of an introductory fee and our client's costs. The firm acted for ITS City on a Conditional Fee Agreement ensuring our client was able to gain access to justice. For more information on Conditional Fee Agreements click here.
Further information
Contact Gordon Clough
gordon.clough@smab.co.uk
020 3206 2700
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16 August 2010close
Judicial Review challenge to the coalition government’s immigration cap
SM&B's Immigration department has today initiated Judicial Review proceedings challenging the legality of the coalition government's much publicised immigration cap on sponsored skilled non-EEA national workers and highly skilled non-EEA migrants.
The challenge follows SM&B's recent landmark victory in the Court of Appeal in the case of Pankina which ruled that the Secretary of State's Points Based System was partially unlawful.
Shahram Taghavi, who is an employed barrister and head of SM&B's immigration department, is instructed in the case as both the fee earner and junior counsel in the case.
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04 August 2010close
SM&B act to enforce solicitor’s undertaking
The firm's commercial litigation team has succesfully taken action on behalf of NVA Management Limited to enforce a solicitor's undertaking.
NVA Management is a music, football and entertainment management consultancy and the undertaking related to the launch event for a Premiership footballer's charitable foundation. The case has settled in our client's favour with the defendant agreeing to pay our client's costs.
Further information
Contact Gordon Clough
gordon.clough@smab.co.uk
020 3206 2700
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29 July 2010close
Employment team success in Celebi appeal to the Employment Appeal Tribunal
Laura Celebi, represented by SM&B's employment team, has been successful in her appeal to the Employment Appeal Tribunal (EAT). In its judgment, handed down on 29 July 2010, the EAT decided that her former employer Compass Group UK & Ireland Ltd had unfairly dismissed her.
The EAT (HHJ McMullen QC, Mr Ezekiel and Baroness Drake) allowed the appeal on the basis that an employee must be told in unequivocal terms that she was charged with theft before an individual can be dismissed fairly.
The EAT further decided that the employer has a duty to state the reason for possible termination in clear terms. It was not sufficient just to tell the employee that she was responsible for the loss of the money in question, as the Respondent had argued.
The EAT has ordered that the matter be remitted to the Employment Tribunal for remedy hearing in due course.
Further details will be provided once the transcript of the Judgment is available.
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28 July 2010close
Double libel success for LSE teaching assistant Reza Pankhurst
Statements in Open Court were read out before Mr Justice Tugendhat at the High Court today marking the successful conclusion of libel claims against the Daily Mail and Evening Standard newspapers by our client, PhD student and former LSE teaching assistant, Reza Pankhurst.
Both newspapers have publicly apologised to Mr Pankhurst for printing allegations linking him to would-be suicide bomber, Omar Sharif, and have agreed to pay him substantial damages for libel and his legal costs.
Mr Pankhurst was represented by Razi Mireskandari and Lucy Moorman.
The full text of the Statements are available to download here:
Reza Pankhurst v. Evening Standard Limited
Reza Pankhurst v. Associated Newspapers Limited
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19 July 2010close
Libel success for Mohammed George
Today at the High Court, the Daily Star Sunday newspaper joined in a Statement in Open Court in which it apologised to our client, Mohammed George, for libellous allegations published in February 2010 in an article about the EastEnders 25th anniversary party.
Mr Justice Tugendhat heard that the newspaper had accused Mr George of being drunk and physially agressive at the party and of threatening BBC production staff. The newspaper admitted that these allegations. which were extremely upsetting and embarrassing for Mr George, were entirely untrue.
The Daily Star Sunday, which is owned by Express Newspapers, also agreed to pay Mr George libel damages and his legal costs.
Mr George was represented by Razi Mireskandari and Lucy Moorman.
In April 2009, Mr George, again represented by SM&B, was awarded £75,000 libel damages and his legal costs against The Sun after it published false allegations that he had beaten up his girlfriend. He also recovered apologies, libel damages and legal costs from a number of other newspapers which published similar defamatory allegations.
The full text of the Statement in Open Court can be downloaded here:
Mohammed George v. Express Newspapers
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12 July 2010close
Court of Appeal refers appeal to the Court of Justice of the European Union
The Court of Appeal (The Master of the Rolls, Laws and Sullivan LJJ) has today made reference to the Court of Justice of the European Union in the appeal of NS. The reference seeks a much needed clarification on the EU law and its interrelationship with fundamental human rights. SM&B's head of immigration Shahram Taghavi along with Simon Cox of Doughty Street Chambers represent Amnesty International and the AIRE Centre who are the first interveners in the proceedings. Other interveners include the United Nations High Commissioner and the Equality and Human Rights Commissioner.
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24 June 2010close
Court of Appeal hear Jane Clift libel appeal
The hearing of the appeal in the case of Jane Clift against Slough Borough Council was concluded today.
Lord Justices Ward, Thomas and Richards heard submissions from Edward Faulks QC for the Appellant, Slough Borough Council, and Hugh Tomlinson QC for the Respondent, Jane Clift over two days.
Jane Clift, represented by SM&B, successfully sued Slough Borough Council and its "Head of Public Protection" for libel after she was placed on the Council's "Violent Persons Register" with a risk rating of "medium".
Ms Clift's ordeal began when she witnessed anti-social behaviour in a public park. She reported the matter to the Council but was extremely dissatisfied with the response to her call to the Council and subsequently complained. Describing her call to the Council in her letter of complaint, she wrote,
"I felt so affronted and so filled with anger that I am certain I would have physically attacked her if she had been anywhere near me. I truly am not of that nature and so, surely, this should act as a wake up call to the borough as to the capacity she has for offending people."
She repeated this sentiment in a later interview, although the idiomatic "I could have killed her"-type expression remained in the past tense. For this, she was placed on the Violent Persons Register for 18 months. The Register was published to a large number of individuals within and outside the Council. The Council's conduct had such a serious impact on Ms Clift that she ultimately left the Slough area.
Ms Clift pursued libel proceedings against the Council in person. She came to SM&B for assistance ten days before the trial in the High Court, before a jury, was due to start. Lucy Moorman and Stephen Shotnes of our Dispute Resolution and Litigation team agreed to act on a Conditional Fee Agreement. Leading Counsel, Hugh Tomlinson QC, and Junior Counsel, Christina Michalos, agreed to act on the same basis.
At trial, the jury found in Ms Clift's favour and awarded her libel damages in the sum of £12,000 (as reported in the Daily Mail and on the BBC).
The Defendants are appealing the ruling given by Mr Justice Tugendhat on the issue of qualified privilege and its relationship with the public law duties of public authorities, in particular the duty imposed by section 6 of the Human Rights Act 1998 to act compatibly with Convention rights especially Article 8. SM&B and Counsel continue to act for Ms Clift under CFA agreements.
Judgment is expected in October 2010.
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24 June 2010close
Supreme Court grant SM&B's public law department permission to intervene
The Supreme Court has granted SM&B's public law department permission to intervene in an appeal involving EU freedom of movement laws, discrimination and UK state pension credit. The intervener is represented by Shahram Taghavi (counsel are Richard Drabble QC and Charles Banner of Landmark Chambers). The appeal is listed for hearing in late 2010.
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23 June 2010close
SM&B's immigration team wins first Court of Appeal litigation on the Points-Based system
Today the Court of Appeal unanimously dismissed the Secretary of State for the Home Department's appeal against SM&B's successful appeal to the Asylum & Immigration Appeal Tribunal in the case of Anastasia Pankina.
The Tribunal had held that the Secretary of State had failed to place significant parts of the Points-Based System requirements, found in the UK Border Agency's Guidance documents, before Parliament as required by the Immigration Act 1971. The appeal was said by Lord Justice Sedley to raise issues of "constitutional importance".
Ms Pankina was represented before the Tribunal by the head of SM&B's immigration department, Shahram Taghavi. Shahram was lead by Michael Fordham QC of Blackstone Chambers in the Court of Appeal.
The case will have profound implications on all Tier 1 and Tier 2 cases which rely on the UK Border Agency's "Guidance" documents and may result in the Secretary of State making significant amendments to the Immigration Rules.
This case has now been reported in the Times Law Reports, 20 July 2010.
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16 June 2010close
Charity wins Advertising Standards Authority “sponsor a child” ruling
SM&B's Dispute Resolution team successfully assisted the international development organisation Plan International (UK) in winning a landmark decision published today by the Advertising Standards Authority (ASA).
The ASA had received a complaint that a TV commercial run by Plan for its "sponsor a child" scheme misleadingly implied donors' money would go directly to individual children rather than to helping children and communities worldwide.
The ASA investigations team initally recommended upholding the complaint: any charity that runs a sponsorship scheme would have fallen foul of the decision if their sponsor's donations do not go solely and directly to assisting their sponsored child, even though to do so would cause jealousy and unfairness and would not provide the education, healthcare and water that the sponsored children so desperately need.
The team at SM&B, led by managing partner Razi Mireskandari and solicitor Gordon Clough, worked with Plan to submit a dossier of evidence, backed by a number of other leading charities, showing that the proposed ruling would have a substantial detrimental effect on the income generated by the many charities that run both child sponsorship and similar animal sponsorship schemes.
Having considered the submissions, the ASA Council took the unusal step of overturning the investigations team's recommendation and found in favour of Plan. The Council accepted Plan's argument that viewers would understand "child sponsorship" to mean a personal relationship with an individual child who was benefitting from the charity's funding in his or her community and concluded that the ad was therefore unlikely to mislead.
Razi Mireskandari the partner who led the team advising Plan, comments: "If the ASA had upheld the complaint, it would have harmed the reputation and income of child sponsorship charities in the UK, which raise more than £115 million for children in the developing world each year. Brand reputation is of paramount importance and it was a real pleasure in this case to help an organisation which has such fantastic charitable aims."
The full ruling can be found on the ASA website [ click here].
Update: Plan's successful action has been put into context by the ASA's subsequent decision to uphold a complaint that an advert for the charity The Society for the Protection of Animals was misleading [ click here].
Further information
Contact Gordon Clough
gordon.clough@smab.co.uk
020 3206 2700
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22 May 2010close
UK theatrical release of Noel Clarke's film "4321"
Noel Clarke's film "4321", starring Noel Clarke, Emma Roberts, Ophelia Lovibond, Tamsin Egerton, Shanika Warren-Markland and Michelle Ryan, has its UK theatrical release today.
Razwana Akram, Simon Goldberg and James Greenslade of our film and TV team acted for the production company, 4321 Ltd, and advised on all production and finance matters.
The film is being released in the UK by The Works.
Further information
Contact James Greenslade
james.greenslade@smab.co.uk
020 3206 2700
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21 May 2010close
Zoe Margolis receives libel damages and statement in open court
Zoe Margolis, the well-known writer, feminist and author of the extremely popular and award-winning internet blog, "Girl with a one-track mind" has recovered substantial libel damages from the Independent on Sunday newspaper.
Today, in the High Court before Mr Justice Eady, Lucy Moorman read an agreed statement in open court and the newspaper apologised for the damage it had caused to Zoe by publishing a headline which falsely described her as a former "hooker".
As well as her writing, Zoe is an ambassador for the leading young people's sexual health charity, Brook, and a regular commentator in the media on issues relating to feminism, sex, e-business and the internet. The newspaper's mistake caused her immense distress and embarrasment, particularly as the erroneous headline featured in the internet link to the article and, in that form, was published widely on the internet.
Zoe contacted our dispute resolution and litigation team very soon after the defamatory publication. We agreed to act on a CFA and Zoe took out ATE insurance to protect herself against the risk of any adverse costs orders against her.
Represented by libel specialists Louis Charalambous and Lucy Moorman, we achieved a significant settlement, including substantial damages and agreed wording of a statement in open court, within eight weeks of instruction.
A formal, public statement in open court was extremely important to Zoe. We are delighted that through today's hearing in the High Court, and the recovery of libel damages, she has been able to put right the injury to her reputation.
Additional note: Zoe has since written about her case and the importance to her of being able to obtain a CFA and ATE insurance: see her article in the Guardian.
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06 May 2010close
Permission to appeal granted in immigration test case on marriage age
The Court of Appeal has granted SM&B's immigration department permission to appeal in a test case involving the recent raising of marriage age in immigration cases from 18 to 21.
Shahram Taghavi, SM&B's head of immigration and joint head of Public Law, acts in the case and also appears as junior counsel along with Raza Husain QC of Matrix Chambers. The appeal raises issues that have a direct impact upon both personal and business immigration.
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10 February 2010close
"Landmark" victory in the Court of Appeal involving the right of Hindus to have open air funeral pyres.
The Court of Appeal, presided by the Master of the Rolls, today ruled in favour of open air funeral pyres. In a judgment that has been hailed as a "landmark" decision, the Court of Appeal has ruled that UK law permits Hindus to have open air pyres if they so wish. Shahram Taghavi, joint-head of Simons Muirhead & Burton's public law department, acted for the Alice Barker Welfare & Wildlife Trust, a secular intervener that sought to ensure that the Court recognised the right of all British nationals (whatever their faith) to have their religious beliefs protected by the European Convention of Human Rights.
In a statement released today Shahram Taghavi said:
"Simons Muirhead & Burton are delighted with this decision. Civilised societies do not simply tolerate minority religious beliefs, but actively protect those beliefs when they need protection. The Court of Appeal has paved the way for Hindus (and others) to have their dying wishes respected. Before the Court Appeal there was no evidence of substance to support the Secretary of State for Justice's assertions that such practices would be contrary to health and safety, or that they would offend the general public. Of course if the public is not fully informed as to how such open air pyres will be carried out, they may naturally imagine the worst. However, anyone reading the objective evidence would have seen that these practices are safe and non-intrusive."
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08 January 2010close
UK theatrical release of "Sex & drugs & rock & roll"
The film "Sex & drugs & rock & roll", featuring Andy Serkis as Ian Dury, had its UK theatrical release today.
James Greenslade, Razwana Akram and Simon Goldberg of SM&B's Film and TV team advised the Prescience production partnerships, a Prescience EIS company and the Aegis Film Fund on their investment in the film including the complex tax-driven structuring of the various financings and the interparty arrangements with UK Film Council, Lip Sync Productions, Odyssey Entertainment and Film Finances.
Prescience Film Finance is a long standing client of the firm and this is one of a number of films on which SM&B has advised them.
Further information
Contact James Greenslade
james.greenslade@smab.co.uk
020 3206 2700