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15 March 2013close
Blogger Jacqui Thompson "devastated" by judgment on libel claim
Blogger and SM&B client, Jacqui Thompson, has said she is "absolutely devastated" by the decision of Mr Justice Tugendhat on her libel claim against Carmarthenshire County Council and the award of £25,000 libel damages against her.
Mrs Thompson sued her local Council and its Chief Executive, Mark James, over a letter sent by Mr James to the "madaxeman" blog and all 74 councillors in July 2011. Mr James then counterclaimed in respect of five posts on Mrs Thompson's blog, Carmarthenshire Planning Problems and more. The blog won the Best Political Blog award at the Media Wales "Wales Blog Awards" 2011.
In a judgment handed down on Friday 15 March, following a 6-day trial in February without a jury, Mr Justice Tugendhat dismissed Mrs Thompson's claim and found in favour of Mr James in respect of three out of the five blog posts he had sued on.
Following the judgment, Mrs Thompson issued the following statement:
"I am absolutely devastated by this judgement and I believe it is a miscarriage of justice. I would never have embarked on 15 months of litigation and endured a six day trial in the high court if I had not felt entirely justified in my action.
I have always acted in good faith, my motives have always been sincere and have merely criticised the council where I felt it appropriate, and have never had a complaint until the counterclaim.
I want to thank everyone for their support. I am now in discussions with my lawyers concerning the possibility of an appeal.
This has potentially opened the floodgates for similar actions and I believe this judgment has dire consequences for others who publicly scrutinise and criticise their local authority, including the press.
I do not recognise the picture which has been painted of me; anybody who knows me or has met me will know that it is wrong.
I have no idea where I'm going to get £25,000 from, I haven't got £25.
I am trying to remain positive and will try continue with my blog and calls for transparency as best I can."
Mrs Thompson is represented by Lucy Moorman and Jeffrey Smele.
Media reports of the case include the following:
This is South Wales, "Carmarthenshire blogger Jacqui Thompson loses libel claim - must pay £25K to council chief executive"
The Guardian, "Jacqui Thompson ordered to pay £25,000 libel damages to council leader"
BBC News, "Blogger Jacqui Thompson "devastated" at court loss"
Further information
Contact Lucy Moorman
lucy.moorman@smab.co.uk
020 3206 2700
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20 February 2013close
Council-funded libel claim against blogger, Jacqui Thompson, criticised by the media
Carmarthenshire County Council's funding of a libel claim brought by its Chief Executive has attracted further media criticism. The Times, in its leader column today, deplores the use of taxpayers' money to pay for the claim brought by Mark James against local blogger Jacqui Thompson, referring to the 1993 decision of the House of Lords in Derbyshire County Council v. Times Newspapers.
The comment piece is also critical of the Council's opposition to Mrs Thompson's attempts to film its public meetings, which came in the wake of guidance issued to English Councils by the government encouraging them to "take a welcoming approach to those who want to bring local news stories to a wider audience".
Mrs Thompson is suing Carmarthenshire County Council and the Chief Executive Mark James for libel. Mr James is counterclaiming for libel against Mrs Thompson in relation to five posts on her blog, Carmarthenshire Planning Problems and more. The trial, before Mr Justice Tugendhat, began on 13 February and concluded on 20 February 2013. Judgment is awaited.
Mrs Thompson is represented by Lucy Moorman and Jeffrey Smele.
Further information
Contact Lucy Moorman
lucy.moorman@smab.co.uk
020 3206 2700
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08 January 2013close
Injunction granted for Ned RocknRoll
On Tuesday 8 January, Mr Justice Briggs allowed an application for an injunction against SM&B client The Sun to prevent publication of photographs taken of him at a private party.
Partner, Louis Charalambous instructed Desmond Browne QC who argued the injunction should not be permitted on several grounds. Judgment has been reserved for approximately 10 days. This is the fourth injunction case in a row in which The Sun has instructed SM&B in the past 12 months.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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21 December 2012close
£65,000 damages for Andy Miller - SM&B ends 2012 with another libel win against the Daily Mail
SM&B client, Andy Miller, has been awarded £65,000 damages in his libel claim against Associated Newspapers Limited.
Andy Miller, a management consultant, sued the publisher of the Daily Mail over a story which ran on the front page of the paper on 2 October 2008, as well as online, headlined 'Met boss in new 'cash for a friend' storm - Sir Ian Blair used public money to pay a close friend a five-figure sum to sharpen his image'. The case culminated in a 5-day trial before Mrs Justice Sharp in May.
In her judgment, handed down in Court 14 today, the Judge rejected the newspaper's argument that there were reasonable grounds to suspect that Mr Miller was a willing beneficiary of improper conduct and cronyism because of his friendship with former Met police commissioner Sir Ian Blair in respect of the award of a number of contracts to Mr Miller's company, Impact Plus, by the Met.
The judgment criticises the defence for calling no witnesses, instead relying on 'highly selective extracts' from documents amounting to 'multiple hearsay'. The Judge said: 'It seems to me that selective snippets of hearsay from individuals who have not been called, particularly when it has been "cherry picked" from material which casts it in a different light, provides an obviously unsatisfactory evidential basis upon which to invite a court to find facts and/or draw adverse inference.'
The Judge found that Mr Miller's company had been awarded the relevant work by the Met 'because it was the better candidate and won the tender on the merits … There is no evidence, or none that satisfies me, that Sir Ian Blair played any part in the initial sift, or indeed in the ultimate selection of Impact Plus … The evidence is that Impact Plus was appropriately paid for the work it did, and that it did a good and valuable job'.
In awarding damages the Judge said 'In my view the allegation made is a very unpleasant one against a professional man in his position, affecting a core attribute of his personality … this is an action which has been genuinely pursued by a claimant who feels himself to have been grievously wronged.' She awarded aggravated damages because of the newspaper's failure to publish any apology or retraction, its persistence in a flawed case, the prominence of the article and the failure to contact Mr Miller before publication. She found that the defence had raised 'no mitigating factors'.
Andy Miller's successful advocate at trial was Manuel Barca QC of 1 Brick Court. He was represented throughout this matter by Razi Mireskandari, Martin Soames and Lucy Moorman.
Update: Private Eye reports Andy Miller's case here.
Further information
Contact Razi Mireskandari
razi@smab.co.uk
020 3206 2700
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20 August 2012close
No injunction for Steve McClaren
On Saturday 18 August Mr Justice Lindblom rejected ex-England manager Steve McClaren's application for an injunction against The Sun to prevent publication of an article about an extra-marital affair.
SM&B partner, Louis Charalambous, instructing Richard Spearman QC of 4-5 Grays Inn Square, successfully argued that the story did not merit a privacy injunction.
Read the Guardian's report here and the report in The Lawyer here.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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25 June 2012close
Luke Cooper libel victory: statements to the press
Following his libel victory on Friday 22 July, Luke Cooper made the following statement to the press:
"My only wish throughout these proceedings was the public repudiation of the core allegation made against me after the Millbank occupation. Today's verdict is an important vindication for me personally and means I can draw a line under the affair
The jury's verdict demonstrates they saw through the falsehoods both papers peddled about me and the anti-cuts movement which continued right up till yesterday.
I would like to thank the friends, family, activists, and colleagues that gave me unwavering support and my superb legal team without whose tireless work this would not have been possible."
Louis Charalambous, head of SM&B's PressLaw team, the team which represented Luke Cooper, said:
"This case demonstrates precisely why it is so important that juries are retained for libel actions. Allegations against Luke Cooper were emblazoned on the front and inside pages of these two newspapers. The jury determined and demonstrated where the truth lay in their awards to Mr Cooper. Having a jury forced the parties to focus on the real facts of 10 November 2010 not the smears.
SM&B's PressLaw team are delighted for him."
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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22 June 2012close
Jury award £60,000 libel damages to PhD student, Luke Cooper
The first libel trial involving a jury for 3 years ended in a verdict for the claimant - and a total award of £60,000 libel damages - against both the Evening Standard and Associated Newspapers (publisher of the Daily Mail).
Luke Cooper, a PhD student at the University of Sussex, sued in respect of an article published on the front page of the Evening Standard which accused him of being a ringleader of the riot that occurred at 30, Millbank on 10 November 2010 at the end of the student demonstration against increases in tuition fees. The Daily Mail repeated the substance of that allegation in an article published the following day.
Both Defendants ran justification defences maintaining that Mr Cooper had pre-planned the violence or led the rioters on the day. Each argued that words allegedly spoken by Mr Cooper to a journalist outside 30, Millbank on the afternoon in question were an admission that he was a ringleader of the riot. Mr Cooper denied that he had spoken the words relied upon: other words which he had spoken had been taken out of context and used to portray a false impression of his views. The newspapers' false and defamatory accustations were compounded by the prominent use of a photograph of Mr Cooper which was clearly intended to give the impression that he had been glorying in the destruction and violence at Millbank, the home of Conservative Party HQ. In fact, the photograph had been taken 2 years earlier when Mr Cooper was out socially with friends at the pub.
The jury rejected both newspapers' cases and awarded libel damages of £35,000 against the Evening Standard and £25,000 against the Daily Mail.
As the Court was then informed, at a relatively early stage of the proceedings Mr Cooper had offered to settle his case in return for a clear correction, £5,000 from each newspaper, an undertaking from each newspaper not to repeat the allegation and his costs.
Eady J accepted an undertaking from each Defendant that the same or similar words defamatory of Mr Cooper would not be published in future and ordered an interim payment on account of Mr Cooper's costs of £450,000.
Mr Cooper was represented throughout these proceedings by a team from SM&B's Dispute Resolution and Litigation team comprising Louis Charalambous, Lucy Moorman and Jeff Smele. William McCormick QC of Ely Place Chambers appeared on Mr Cooper's behalf at trial. Both SM&B and Counsel represented Mr Cooper under a Conditional Fee Arrangement.
Further information
Contact Louis Charalambous
louis@smab.co.uk
020 3206 2700
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03 May 2012close
Four news groups apologise to man alleged to be a gangster on trial for terrorist offences
Telegraph Media Group, MGN Limited, Express Newspapers and Associated Newspapers today apologised at the High Court to Farid Boukemiche, having already paid him substantial libel damages and his legal costs.
Mr Boukemiche lives in Algeria with his wife. In 2005 he had been arrested in France; he was detained for ten months but was not prosecuted. The charges against him were formally withdrawn in 2008, and two years later he was awarded substantial compensation for his wrongful arrest. In January 2011 a trial began in Paris of others alongside whom Mr Boukemiche was originally arrested. Mr Boukemiche was not involved in the trial.
On 3 and 4 January 2011, following the beginning of this trial, the Daily Telegraph, The Express, the Mirror, the Metro and the Mail Online published various articles. Some of these incorrectly said that Mr Boukemiche was on trial in France in January 2011 for associating with a known terrorist organisation and for financing terrorism, that he had offered a "safe house" in France to British terrorists from Al Qaeda networks; and that he was a "gangster" who was accused of, and had admitted, carrying out robberies (including an allegation of armed robbery).
In a joint Statement in Open Court read before HHJ Moloney QC at the High Court today, the news groups acknowledged that these allegations were all untrue.
Farid Boukemiche was represented throughout this matter by Razi Mireskandari and Jeffrey Smele. The Statement in Open Court was read out by in-house Counsel, Lucy Moorman.
A full copy of the Statement in Open Court can be read here. The newspapers followed up with the following online reports on the Mirror, Telegraph, Metro and Daily Mail websites.
Further information
Contact Jeffrey Smele
jeffrey.smele@smab.co.uk
020 3206 2700
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21 March 2012close
Djurkovic documentary at the Toronto "Hot Docs" Film Festival
SM&B client Sasha Djurkovic's documentary about the plight of Bosnian refugees in Hungary, "Playing The Fool" has been selected for showing at the 2012 Toronto "Hot Docs" Film Festival.
SM&B did the legal work on the documentary and partner, Stephen Shotnes, is an Executive Producer.
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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09 March 2012close
Claim over for Sheldon Adelson - Court of Appeal refuse permission to appeal
Sheldon Adelson, the international casino entrepreneur and reputed to be one of the richest men in the USA, has failed to obtain permission from the Court of Appeal to appeal the 2011 decision to strike out his libel claim against American labor union, Unite Here. Mr Adelson had sued the Union over allegations arising from Mr Adelson and his company, Las Vegas Sands Inc, seeking a licence to operate "super casinos" in the UK (see News, 7 October 2011).
The initial £175,000 payment towards the Union's legal costs, which Mr Adelson was ordered to pay in 2011, will now become due.
SM&B partner, Stephen Shotnes, represented Unite Here throughout assisted by Jeffrey Smele
Further information
Contact Stephen Shotnes
stephen.shotnes@smab.co.uk
020 3206 2700
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31 January 2012close
Damages and apology for award-winning journalist and renowned author, Donald Zec OBE
SM&B partner, Razi Mireskandari, has obtained an apology and damages for Donald Zec OBE in respect of a defamatory reference to the journalist and author in Colin Clark's book My Week with Marilyn.
The book's publishers, Harper Collins, have 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 you may also be interested in Hugh Muir's piece in the Guardian.
Further information
Contact Razi Mireskandari
razi@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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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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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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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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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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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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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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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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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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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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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.