Recent cases include
Model Larissa Summers has secured very substantial privacy damages from the News of the World. The newspaper has also paid her legal costs.
In a story last December the newspaper published details of Ms Summers’ life which caused her huge personal embarrassment and significantly damaged her ability to get work.
The story ran after Ms Summers dated the rugby star Danny Cipriani.
Magnus Boyd and Rebecca Toman acted for Ms Summers.
Inayat Bunglawala, an Assistant Secretary General of the Muslim Council of Britain, has won a full apology and £45,000 in libel damages against the Daily Express over false allegations of extremism. The allegations appeared in an article concerning Prince Harry’s active service in Afghanistan.
Mr Bunglawala is represented by Adam Tudor and Stephen Loughrey.
Press Release
Statement in Open Court
The Firm is representing Simon Cowell in ongoing media matters. Simon is being represented by Nigel Tait and Magnus Boyd.
The actress Sienna Miller has secured £35,000 in privacy damages from News Group, the publisher of The Sun and the News of the World in respect of publications in June and July of this year. In addition, News Group’s senior lawyer has written to Ms Miller acknowledging that the articles and photographs which were the subject of the action should never have been published. News Group has agreed to give appropriate undertakings and to pay Ms Miller’s legal costs. Ms Miller also received a further £16,000 damages from Big Pictures, the agency which syndicated the offending photographs.
In a subsequent action for harassment and invasion of privacy, Sienna Miller has also secured £37,000 in damages from Big Pictures, together with appropriate undertakings to the Court not to follow or “doorstep” her. The full text of the order is set out in the link below.
Sienna Miller is represented by Mark Thomson and Nicola McCann.
Press Release
Court Order in Harassment Action
Jane Tanner, Russell O’Brien, Fiona Payne, David Payne, Matthew Oldfield, Rachael Oldfield and Dianne Webster, the group of friends who were with Kate and Gerry McCann when their daughter Madeleine was abducted in Portugal in May 2007, have secured full apologies and £375,000 in damages from Express Newspapers. At the friends’ request, the damages are all to be donated to the Find Madeleine Fund.
The friends were represented by Adam Tudor and Stephen Loughrey.
Press Release
"Tapas 7" Press Statement
Statement in Open Court
Sienna Miller has won her privacy action against the Daily Star over a photograph showing harassment by the paparazzi. Ms Miller secured damages of £15,000, payment of her costs and an apology.
The terms of the apology were as follows:-
"On 11th September we published an article about the actress Sienna Miller. The article was accompanied by a photograph of Sienna in a building in Los Angeles. We accept, as we said in the article, that Ms Miller was extremely harassed and distressed by persistent pursuit and intimidating tactics adopted by numerous paparazzi in seeking to obtain photographs of her, including the very photograph that we published. We apologise to Sienna for publishing this photograph."
Sienna Miller was represented by Mark Thomson
Apology
Massoud Shadjareh, Chairman of the Islamic Human Rights Commission, has won his libel complaint against the Sunday Times. The newspaper published an apology and has agreed to pay Mr Shadjareh substantial damages together with his legal costs. A copy of the apology is attached.
Mr Shadjareh was represented by Mark Thomson and Michelle French
Apology
Kate McCann has received a full apology from The News of the World following the newspaper’s unauthorised publication of extracts from her diary. The News of the World has also agreed to make a financial donation, to be used by the McCanns in the search for their daughter Madeleine.
At Mrs McCann’s request, Carter-Ruck has issued a press release making clear that Mrs McCann had not consented and does not consent to the publication of her diary or of any extracts from it.
Mrs McCann was represented in this matter by Adam Tudor and Stevie Loughrey.
Tesco has accepted an apology from the Guardian.
On 16 September 2008 Carter-Ruck obtained the publication of the first ever front page apology by the Guardian together with a further apology inside the newspaper to Tesco for the false allegations it published about the Company’s tax affairs.
The apology acknowledged that the allegation that Tesco had created an elaborate off-shore corporate structure to avoid paying up to £1bn in UK corporation tax profits and had already successfully avoided corporation tax on the £500m profit it made from two previous property sales was unfounded and should not have been published. The Guardian also accepted that Tesco’s use of Cayman Island companies in the scheme was for legitimate stamp duty savings purposes. The Guardian acknowledged that Tesco was not hypocritical in its corporation tax planning of these transactions having regard to its public stance on social responsibility.
In its apology the Guardian also accepted that Tesco's responses to the charges were truthful and expressed regret that it did not publish the letter from Tesco's tax adviser received on the day of publication of the original articles. The newspaper also accepted that the correction it had published on 3 May 2008 in respect of the allegations was insufficient.
The Newspaper recognised that Tesco is a very significant taxpayer, having contributed over £1bn to the public purse for the year to February 2007 and that Tesco had a legitimate interest in seeing the facts about its tax arrangements reported fairly and accurately reported. The Guardian will also pay a sum by way of damages to a charity of Tesco's choice and a payment by way of legal costs.
Tesco was represented by Nigel Tait and Magnus Boyd.
On 8 September 2008, Anthony Steen, Conservative MP for Totnes, won his libel complaint against The Western Morning News and secured an apology with a front page banner. The Western Morning News also agreed to pay £10,000 damages to Mr Steen, together with his legal costs. Mr Steen was represented by Mark Thomson and Michelle French.
Press Release
On 3 September 2008 the European Court of Justice in Luxembourg delivered a landmark appeal judgment in favour of Sheikh Yassin Abdullah Kadi, a Saudi Arabian businessman and philanthropist whose assets were frozen in the aftermath of the 9/11 atrocities.
The court ruled that the EU freezing regulation breached Mr Kadi's fundamental human rights and must be annulled.
The decision has far-reaching implications for European and international law.
The Carter-Ruck team representing Mr Kadi includes Partner Guy Martin, Managing Partner Cameron Doley and solicitor Athalie Matthews working with London based consultant Maitre Saad Djebbar.
They instructed a team of advocates comprising the pre-eminent public international lawyer Ian Brownlie CBE, QC (Chairman of the International Law Commission of the United Nations) and Pushpinder Saini QC, both of Blackstone Chambers, London, together with leading European law experts David Anderson QC of Brick Court Chambers, London, and Piet Eekhout, Professor of European Law at King's College, London.
Press Release
Random House throw in the towel.
On 1 September, Frank Warren, the internationally respected boxing promoter accepted substantial libel damages from the publisher Random House over allegations published in the book "Ricky Hatton: The Hitman, My Story". The book is the autobiography of Ricky Hatton, the well-known professional boxer and former lightweight IBF world champion, who was promoted by Frank Warren between 1997 and 2004. It was written in association with the Daily Express boxing journalist, Niall Hickman.
Random House had every opportunity to investigate the truth of the allegations. Over a period of two years since Mr Warren’s initial complaint in October 2006, the publisher left no stone unturned in trying to prove that what it had published was true. However, with a trial date looming for 1 December 2008, it finally made an offer to settle of £115,000 , undertakings not to repeat, plus the payment of Mr Warren’s legal costs.
Frank Warren said:
"I am pleased that Random House has finally acknowledged by their offer of substantial damages that these serious and highly damaging allegations are wholly indefensible. It has taken me two years to get justice and an acknowledgement that these baseless allegations were completely false. However, even though the book was pulped in 2007, it has aggressively sought to defend these hurtful and distressing allegations about me and dragged me through many weeks of Court hearings, all to no avail, before backing down in advance of the trial that was due to commence on 1 December of this year.
This legal fight has cost Random House millions in legal fees and damages. I am completely mystified by their behaviour and why they did not accept my offer, before the book was published, to check the accuracy of their allegations."
Frank Warren was represented by Nigel Tait, Hanna Basha and Luke Staiano.
Prince Radu of Hohenzollern has won a further victory in his claim for libel against the editor and publisher of Royalty Monthly magazine. The Defendants appealed against the decision of Mr Justice Eady, following an earlier trial of this issue, that the article complained of was not the product of responsible journalism. The Court of Appeal unanimously rejected the appeal. A trial of the Defendants' remaining defences will now take place in June 2009. Prince Radu is being represented by Alasdair Pepper and Antonia Foster.
Judgment
Boris Berezovsky has won a significant first-round victory in his libel case against Russian state-owned broadcaster VGTRK. The Defendant tried unsuccessfully to persuade the court to decline jurisdiction on the unusual ground that the claim was "non-justiciable", namely it was prevented, by virtue of Russian legislation, from defending the claim because it could not identify its source, who, it was claimed, was under Russian-State protection. Mr Justice Eady found that the case, the facts of which are highly unusual, and which concerns allegations "at the top end of the scale of gravity", should be allowed to continue unless there were "cogent and compelling" reasons to justify depriving Mr Berezovsky of the opportunity to challenge the allegations. On the evidence, those reasons had not been made out.
Mr Berezovsky is represented by Andrew Stephenson, Claire Gill and Lucy Middleton.
Judgment
Darragh MacAnthony, Chairman of Peterborough United Football Club and of leading international property company MRI Overseas Property, has obtained a full apology from the News of The World over false allegations that financial circumstances were such that Peterborough United was being forced to sell a leading player for a knock-down price. The newspaper also agreed to pay damages, to be donated at Mr MacAnthony's request to a local charity, together with costs. Mr MacAnthony and Peterborough United were represented by Adam Tudor and Isabel Hudson.
Sienna Miller has commenced proceedings for breach of privacy against the News of the World and Big Pictures.
Ms Miller is represented by Mark Thomson.
Yusuf Islam (formerly Cat Stevens) has won apologies and substantial libel damages (which will go to charity) from WENN, a media news agency, and Contactmusic.com, an entertainment news website, over false allegations that he had refused to speak to women who did not wear a veil.
Mr Islam is represented by Adam Tudor.
Press Release
Statement in Open Court
On 16 July 2008, Frank Warren dealt a further blow to Random House in his ongoing libel case against the publisher over allegations in the book "Ricky Hatton: The Hitman, My Story". The Court of Appeal dismissed the publisher's groundbreaking application to withdraw its offer of amends which had already been accepted by Mr Warren and substitute it for a plea of justification. This was in relation to one of the three allegations which forms part of the case, that Mr Warren misled the boxer Vince Phillips about the sale of the television rights for his fight against Ricky Hatton. Random House had already admitted that this allegation was false and defamatory and on 4 October 2007 the publisher apologised to Mr Warren in open court for including it in the book. It sought to re-instate this allegation into the case, which attempt has now been rejected by the high court on 5 December 2007 and again today by the Court of Appeal. The case continues to trial which commences on 1 December 2008.
Frank Warren is being represented by Nigel Tait, Hanna Basha and Luke Staiano.
Judgment
The actress Tilda Swinton has secured apologies from the Daily Express, the Daily Mail and the Scottish Mail on Sunday. Ms Swinton is advised by Mark Thomson.
The Sunday Times on 29 June 2008 published a correction and apology to Alan Duncan MP, the shadow Cabinet Minister for Business, Enterprise and Regulatory Reform.
On 13 July 2008 The News of the World published an apology to Mr Duncan in relation to similar, false allegations.
Alan Duncan MP was represented by Andrew Stephenson.
The Sun has published a full apology to actor Rhys Ifans over false allegations concerning Sienna Miller and fellow actor Matthew Rhys. Mr Ifans was represented by Mark Thomson.
Apology
Times Newspapers has apologised to Nigel Farage, leader of the UK Independence Party, over false allegations published in the Sunday Times that Mr Farage used taxpayers’ money to employ his son while he was in full-time education. The article suggested that Mr Farage was a hypocrite for condemning other MEPs who exploited the EU “gravy train”. As well as apologising in open court, Times Newspapers has published an apology in the Sunday Times and has agreed to pay Mr Farage damages and his legal costs.
Nigel Farage was represented by Andrew Stephenson.
Statement in Open Court
Businessman and philanthropist, Nadhmi Auchi has settled his libel claim against the Guardian and Observer newspapers in relation to six articles published on the Guardian website since 2003. The Guardian accepted that the articles contained "significant inaccuracies", has undertaken not to republish them and has written to search engines requesting that they do not publish the articles complained of and remove all links and hyperlinks to them on the internet. The Guardian has also agreed to pay a substantial sum in respect of Mr Auchi’s legal costs.
Separately, Mr Auchi has won a libel complaint against The Times in respect of an article published on 1 February 2008. The Times published an apology to Mr Auchi on 18 April 2008 and it has also substantially amended the on-line version of the article complained of to remove the allegations complained of.
Mr Auchi was represented by Alasdair Pepper and Michelle French.
Tesco has instructed Carter-Ruck to act on its behalf in respect of proceedings for libel and malicious falsehood against the publishers of The Guardian and its Editor, Alan Rusbridger, over allegations made by the newspaper concerning Tesco’s tax affairs.
For enquiries relating to the proceedings please contact Magnus Boyd. For any other information please contact the Tesco Press Office on 01992 644645.
Carter-Ruck secured unprecedented front-page apologies from the Daily Express, the Sunday Express, the Daily Star and the Daily Star Sunday for Gerry and Kate McCann, for having falsely alleged that they were responsible for the death of their daughter Madeleine and that they had conspired to cover up their actions. Express Newspapers (which publish the titles in question) also agreed to pay libel damages of £550,000, to be donated (at the McCanns’ request) to the fund set up to find their daughter Madeleine, together with Mr and Mrs McCanns’ legal costs.
Express Newspapers made a further unreserved apology in the High Court for publishing a series of over one hundred highly defamatory articles about Mr and Mrs McCann from the late summer of 2007 until February 2008.
Express Newspapers acknowledged that the allegations contained in the articles were completely untrue and baseless, and it apologised for the deep distress that had been caused to Mr and Mrs McCann.
Gerry and Kate McCann are represented by Adam Tudor and Isabel Hudson.
Press Release
Statement in Open Court
Leigh Petters, a solicitor from Bristol, has won damages totalling £60,000 from the BBC and Channel 4 following news broadcasts which wrongly implicated him in a phone-in "scam" involving the Channel 5 quiz, Brainteaser.
As well as paying Mr Petters damages and his legal costs, the BBC and Channel 4 broadcast full apologies, acknowledging that Mr Petters had no involvement whatsoever in any wrongdoing. The BBC also joined in the reading of a Statement in Open Court.
Mr Petters was represented by Adam Tudor and Athalie Matthews.
Actress Sienna Miller has won her privacy action against the News of the World, Xposure Photo agency and Warren Richardson. After successfully securing an interim injunction from the High Court she obtained £37,500 in damages, a final injunction as well as payment of her legal costs. Ms Miller was represented by Mark Thomson.
On 16 January 2008 Advocate General Maduro of the Grand Chamber of the European Court of Justice (ECJ) in Luxembourg delivered a landmark Opinion in the appeal (Kadi v Council and Commission of the EU) brought by Saudi Arabian businessman and philanthropist, Sheikh Yassin Abdullah Kadi.
In his Opinion Advocate General Maduro recommended that the ECJ find for Mr Kadi, considering that the EU Regulation freezing Mr Kadi's assets infringes Mr. Kadi’s fundamental human rights to property, his right to be heard and his right to effective judicial review. The decision of the ECJ is now awaited.
The Advocate General's Opinion comes only weeks after the December 2007 decision by Switzerland to discontinue their six-year criminal investigation against Mr Kadi.
The Carter-Ruck team representing Mr Kadi includes Partner Guy Martin and solicitor Athalie Matthews working with London based consultant Maitre Saad Djebbar.
More
Press Release
Actor Hugh Laurie is being represented by Carter-Ruck partner Mark Thomson in various matters.
The Secretary General of the Muslim Council of Britain, Dr Muhammad Abdul Bari, has received a full apology from The Times over false allegations concerning the East London Mosque, of which he is the Chairman. As well as publishing the apology in two separate editions of its hard copy (as well as on its website), the Times also agreed to pay Dr Bari's legal costs. Dr Bari was represented by Adam Tudor.
Prince Radu of Hohenzollern has won the first part of his libel action against the editor and publisher of Royalty Monthly magazine. In the trial before Mr Justice Eady, the Judge found that the article complained of was not the product of responsible journalism. A second trial will take place in October 2008 when the court will hear the Defendants' alternative Defences. Prince Radu is being represented by Alasdair Pepper and Antonia Foster.
Judgment
Tunisian opposition leader Sheikh Rashid Ghannouchi has been awarded £165,000 in libel damages against the global satellite TV channel Al Arabiya following its broadcast of false allegations linking him with Al Qaeda. The award is one of the largest of the past decade.
Sheikh Rashid was represented by Cameron Doley, consultant Saad Djebbar and Athalie Matthews.
Press Release
Model and reality TV Star Danielle Lloyd has settled her libel action against The Daily Mirror after receiving an apology, a Statement in Open Court, and a substantial sum in damages together with payment of her legal costs. Ms Lloyd was represented by Nigel Tait, Magnus Boyd and Rebecca Toman.
Press Release
Carter-Ruck acted for Mohamed Taranissi, the well-known consultant obstetrician and gynaecologist and IVF specialist, and his clinic the ARGC, in their claim for libel against the Human Fertilisation and Embryology Authority (HFEA). The parties have now agreed terms which included the reading of the Statement in Open Court.
Carter-Ruck is also representing Mr Taranissi and the ARGC in defamation proceedings against the BBC following broadcast of their Panorama programme, "IVF Undercover".
Alasdair Pepper and Antonia Foster are acting for Mr Taranissi and the ARGC.
Model Sophie Anderton has received a full apology, damages and her legal costs from the News of the World over false allegations that she had a secret affair with Ziggy, the Big Brother contestant. Ms Anderton was represented by Mark Thomson.
The Sunday Express has apologised to Ken Bates, Chairman of Leeds United Football Club, for wrongly implying that Leeds United 2007 Ltd, the company which now owns and operates Leeds United, is in financial difficulties. The company is in fact debt free and trading profitably. Ken Bates was represented by Alasdair Pepper and Michelle French.
Carter-Ruck is representing leading Saudi Arabian businessman and philanthropist, Sheikh Yassin Abdullah Kadi, in his appeal before the Grand Chamber of the European Court of Justice (ECJ) in Luxembourg, the judicial institution of the European Community.
The appeal was heard by the ECJ in Luxembourg on 2 October 2007.
The appeal is a test case, raising issues of major public interest and importance including the legal effect of UN Security Council Resolutions, public international law and European law in relation to human rights including the right of the individual to due process.
The Carter-Ruck team includes Partner Guy Martin and solicitor Athalie Matthews working with London based consultant Maitre Saad Djebbar.
They instructed a team of advocates comprising the eminent public international lawyer Ian Brownlie, CBE, QC (Chairman of the International Law Commission of the United Nations) and Pushpinder Saini, both of Blackstone Chambers, London, together with leading European law expert David Anderson QC of Brick Court Chambers, London. Professor Piet Eeckhout, a leading authority on EU law and international economic law and Director, Centre of European Law, at King's College London, is also assisting.
The Opinion of the ECJ's Advocate General is expected by 16 January 2008.
The Speaker of the House of Commons, the Right Hon Michael J Martin MP, has succeeded in his libel complaint against the Times newspaper, in respect of false allegations that he had been waging a "class war" against Officers of the House of Commons. The Times published a full apology and agreed to pay the Speaker's legal costs. The Speaker was represented by Guy Martin and Isabel Hudson.
The Daily Mirror has apologised to Mr Abdul Hadi Awang, a well-known Malaysian politician and an eminent Muslim scholar, over false allegations that he was, among other things, the Al Qaeda "number 3" and that he was being held in Guantanamo Bay. As well as apologising in full, the Mirror has also paid Mr Hadi Awang substantial libel damages as well as his legal costs.
Mr Abdul Hadi Awang was represented by Adam Tudor.
Press Release
Statement in Open Court
Ofcom, the broadcasting regulator, has upheld a complaint brought against the BBC by Mrs Monica Calvert in relation to the BBC1 investigative programme, "Old Dogs, New Tricks" hosted by Lynn Faulds-Wood and Esther Rantzen. In an important ruling, Ofcom concluded, among other things, that Lynn Faulds Wood's 'door-stepping' of Mrs Calvert was an unwarranted infringement of her privacy. It has ordered the BBC to broadcast a summary of the decision.
Mrs Calvert was represented by Cameron Doley, Felicity Robinson and Athalie Matthews.
Press Release
Canadian singer/composer Loreena McKennitt has settled her long-running privacy actions against Niema Ash, her former employee. Ms McKennitt was represented by Mark Thomson.
Press Release
On 4 October 2007, Random House apologised to boxing promoter Frank Warren in open court over a defamatory allegation published in "Ricky Hatton: The Hitman, My Story".
The publisher has accepted that Mr Warren did not mislead the boxer Vince Phillips about the sale of the television rights for his fight against Ricky Hatton, and apologised in open court for including this allegation in the book. It has withdrawn the book from sale.
Frank Warren is a well-known and internationally respected boxing promoter and is the Chief Executive of Sports Network Limited. He has managed and promoted some of the UK's greatest ever boxers and currently manages and promotes the UK's most exciting boxing prospect Amir Khan.
Frank Warren today said:
"I am delighted that Random House has acknowledged that this allegation is false and defamatory and has apologised for including it in the book."
Frank Warren is also suing Random House over two other allegations in the same book. He is being represented by Nigel Tait, Hanna Basha and Stevie Loughrey.
Statement in Open Court
Frank Warren (represented by Nigel Tait, Hanna Basha and Stevie Loughrey) has won his libel action against the Daily Record. The newspaper apologised to Frank Warren in open court on 4 October 2007 and has agreed not to republish the allegations again, to pay compensation of £30,000 and to pay his legal costs.
Statement in Open Court
The People on 5 August 2007 published a fulsome apology to Chelsea Football Club, in respect of allegations that the club and its players, in particular John Terry, Frank Lampard and Arjen Robben, dressed and behaved inappropriately during their stay at the Beverley Hills Hotel. The newspaper accepted that the allegations were untrue and published a prompt apology.
Alasdair Pepper and Michelle French handled the case.
Sir Simon Milton, the Leader of Westminster Council, has secured a
full apology from Private Eye in respect of false allegations that he
was under investigation by the District Auditor following the Council's
settlement with Dame Shirley Porter over the 'homes for votes' scandal.
In April, Sir Simon also secured a full apology and damages from the
Oldie magazine (co-founded by Richard Ingrams, the former editor of Private Eye) in
respect of similar allegations. Both publications made substantial
contributions to Sir Simon's legal costs. Sir Simon was represented by Adam Tudor.
Representing Martyn Jones, Labour MP for Clwyd South, in his recent libel victory against the Mail on Sunday in respect of two articles published in May 2006. The action went to trial on 11 June where the jury awarded Mr Jones £5,000 in damages. The Mail on Sunday were also ordered to pay Mr Jones' costs and were injuncted from republishing the allegations complained of. Mr Jones was advised by Nigel Tait and Edward Yell.
Former world heavyweight-boxing champion Frank Bruno has settled his privacy action against the News of the World in return for substantial damages. Frank retired from boxing in 1996. In September 2003 he suffered a widely reported mental breakdown from which he has now fully recovered. Enquiries about the case to Magnus Boyd.
Enquiries about Mr Frank Bruno to Dave Davies (dave@football1966.com), Telephone: 01702 202036/202056
The Daily Telegraph has published a full apology to Seán Doran (the former Artistic Director and Chief Executive of the English National Opera) and his wife Ruby Philogene (the Mezzo-Soprano and former winner of the Kathleen Ferrier award), over allegations which were published in Celia Walden's 'Spy' column on 29 November 2005.
Mr Doran and Ms Philogene were advised by Adam Tudor.
Press Release
Amjad Sarwar has won very substantial libel damages following the settlement of complaints made against a number of national newspapers as well as Sky News, ITN and Channel 4 news. The newspapers and broadcasters had falsely alleged that Mr Sarwar was a suspect in the alleged plots to blow up a number of British aircraft using "liquid bombs" in the summer of 2006, in what would have been the worst terrorist atrocity in British history. The newspapers all published apologies to Mr Sarwar, and full apologies have been broadcast on the ITV national and local news, Channel 4 and More 4 news as well as Sky news. As well as paying damages, the defendant media organisations have also agreed to pay Mr Sarwar's legal costs.
Mr Sarwar was represented by Adam Tudor and Isabel Hudson.
Jade Goody has won damages of £15,000 and an apology and costs from the People newspaper after they published on 22 April 2007 an inaccurate front page story that she was contemplating suicide.
On Sunday, 29 April The People published an apology in their newspaper and on their website for the inaccurate story confirming that the information was wrong and that the quotations were not attributable to Jade Goody.
The complaint relied on the landmark Court of Appeal authority in McKennitt -v- Ash, which made clear that actions for invasion of privacy did not depend on the truth of the information published.
Mark Thomson and Antonia Foster acted for Jade Goody in this matter.
Lady Falkender (who as Marcia Williams was Prime Minister Harold Wilson's personal and political secretary) has won £75,000 in libel damages from the BBC following last year's docu-drama The Lavender List. The BBC has also apologised to Lady Falkender, agreed to pay her costs and undertaken that the offending programme will never be broadcast again. Lady Falkender was represented by Cameron Doley, Claire Gill and Hanna Basha.
Press Release
Representing Sir Martin Sorrell in his claims for libel and invasion of
privacy in respect of a defamatory blog and an highly offensive jpeg.
The cases settled 10 days into trial with Sir Martin Sorrell receiving
the sum of £120,000 in damages and his co-Claimant in the privacy
action, Daniela Weber, the sum of £30,000 for invasion of privacy. Sir
Martin and Ms Weber were represented by Mark Thomson and Antonia
Foster.
Statement in Open Court
The House of Lords has refused the Defendants' application for leave to appeal the Court of Appeal's decision in the case of McKennitt v Ash. In December last year the Court of Appeal unanimously upheld the decision of the trial Judge, Mr Justice Eady, and the House of Lords has concluded that there is no basis for this decision to be considered any further. This is a significant decision concerning the extent to which the Court will protect the privacy of celebrities. Loreena McKennitt was represented by Mark Thomson and Antonia Foster.
Press Release
Kevin Smith has won his libel action against Take a Break magazine, which is published by H. Bauer.
Mr Smith and his family suffered considerable distress and embarrassment after the magazine published a front page story and double page article containing false allegations about his private life, as well as photographs of Mr Smith and his long term partner.
The magazine published an apology and personally admitted to Mr Smith that "the story had been fabricated in its entirety". It also agreed to pay Mr Smith substantial damages and his legal costs.
Mr Smith was represented by Alasdair Pepper and Athalie Matthews.
Kim Knott has won his libel action against leading Italian newspaper Corriere della Sera. Mr Knott, a professional portrait photographer, was hurt and dismayed at false allegations made by the newspaper, which damaged his professional reputation. The newspaper published a fulsome correction and apology in its UK and Italian editions and has paid Mr Knott damages and his legal costs. Mr Knott was represented by Alasdair Pepper and Michelle French.
Apology to Koo Stark from Zoo magazine and its editor Anthony Noguera. The magazine falsely described her as a porn star. The magazine printed an agreed apology and retraction. Ms Stark received a substantial sum in damages together with her legal costs. Ms Stark was represented by Cameron Doley and Felicity Robinson.
Press Release
Lord Durham has settled his complaint in respect of material published in the Sunday Times Review. The matter was settled with a correction and apology, payment of damages and legal costs. Lord Durham was represented by Alasdair Pepper and Michelle French.
Lesley Sanderson, a contestant in the Channel 4 series Big Brother in 2005 was successful in her libel claim against Express Newspapers Limited. Two articles published in the Daily Star Sunday made highly defamatory allegations of sexual impropriety against Ms Sanderson. Express Newspapers accept that the allegations are untrue and have apologised to Ms Sanderson. In addition to reading a Statement in Open Court, Express Newspapers have paid Ms Sanderson substantial damages and her legal costs. Ms Sanderson was represented by Alasdair Pepper and Hanna Basha.
Acting for Leeds United in obtaining the discharge of an injunction obtained without notice on the previous afternoon. This enabled Leeds United to distribute and sell its Match Day Programme for the match taking place that afternoon. Alasdair Pepper handled the case.
The Daily Express on 31 January 2007 published a full apology to Georgian businessman, Badri Patarkatsishvili, in respect of allegations reported to have been made against him by a Brazilian prosecutor. The newspaper accepted there was no foundation to the allegations and, as a mark of its regret, agreed to make a donation to Mr Patarkatsishvili's charity in Georgia.
Mr Patarkatsishvili was represented by Andrew Stephenson.
Shilpa Shetty, this year's winner of Celebrity Big Brother has instructed Carter-Ruck to advise her on her dealings with the British media. Former 'A-Team' star Dirk Benedict came third and Jermaine Jackson came second in the final which was broadcast live on Sunday, 28 January 2007. The firm is also currently acting for former Big Brother contestant Lesley Sanderson, for whom it has obtained substantial damages for libel. All enquiries relating to Shilpa Shetty should be made to Magnus Boyd.
On 17 January Mark Stickland, a rock band tour manager, was awarded £40,000 in damages by the unanimous verdict of a jury which found that he had been libelled in a January 2006 article in Kerrang! magazine.
The magazine had claimed the allegations made in the article were true but, as well as awarding costs on an indemnity basis against the magazine due to an early offer to settle the litigation by Mr Stickland, the Trial Judge, Mr Justice Tugendhat, also granted Mr Stickland an injunction to restrain further repetition of the allegations by the Defendant.
Mr Stickland was represented by Nigel Tait and Robert Dougans.
William Banks-Blaney has won substantial damages from the publishers of the Evening Standard and the Sun newspapers over false allegations which impugned his integrity. Following letters from Carter-Ruck, the newspapers promptly apologised to Mr Banks-Blaney and shortly afterwards substantial damages were agreed. The newspapers also paid full costs. Nigel Tait and Magnus Boyd conducted the case for Mr Banks-Blaney.
Leading European real estate company MacAnthony Realty International, together with its chairman Darragh MacAnthony, obtained a full apology and damages from the Dublin Evening Herald. The newspaper had published a number of false allegations about the company's business practices. Mr MacAnthony and his company will be donating the damages to the Irish Cancer Society. Adam Tudor and Isabel Hudson continue to advise MRI on a number of matters.
The Court of Appeal has upheld the decision of Mr Justice Eady in the case of McKennitt v Ash. This is a significant decision concerning the extent to which the Court will protect the privacy of celebrities. Loreena McKennitt was represented by Mark Thomson and Antonia Foster.
Press Release
Judgment
Acting for the musicians Miles Copeland and Daniel Warden of the band the Superimposers in a complaint in respect of material published in the Culture Vulture section of Guardian Unlimited. The matter was settled with a corrective item including an apology, compensation and costs. Alasdair Pepper and Athalie Matthews conducted the case.
Prince Radu of Hohenzollern has won his appeal to the Court of Appeal. As a result of the unanimous Judgment which was handed down on 22 November, Prince Radu is able to proceed with his action for libel against the publisher of Royalty Monthly magazine. Alasdair Pepper and Antonia Foster are handling the proceedings.
Representing billionaire Nadhmi Auchi in proceedings for libel against the publishers of The Sunday Times and Mail on Sunday. Both actions have been satisfactorily settled, the terms including fulsome apologies in each newspaper. Also acting in a complaint in relation to material published in the Evening Standard. Again, the settlement included the publication of a prominent apology. Alasdair Pepper handled the cases.
Felicity Robinson acted for Frederick
Were, the popular 60s singer also known as "Tony Rocco", in
his successful libel claim against Jake Arnott and Hodder & Stoughton.
The claim arose out of Mr Arnott's novel, "Johnny Come Home"
which featured a highly defamatory portrayal of a character that shared
Mr Were's stage name and professional profile. Mr Arnott has confirmed
that the character of "Tony Rocco" was not intended to depict
Mr Were or to refer to him in any way and he has apologised unreservedly
for any confusion that may have arisen. In addition to reading a Statement
in Open Court, Mr Arnott and Hodder & Stoughton have paid Mr
Were substantial damages and his legal costs and have removed the original
edition of the novel from sale. The name of the Tony Rocco character
will also be changed in all and any reprints of the novel. Mr Were,
who continues to perform today, is delighted that his name has been
cleared.
Press Release
The civil claims brought on behalf of the families of the 9/11 victims
against the leading Muslim scholar Sheikh Yusuf Al-Qaradawi have
been dismissed in the US District Court. Sheikh Yusuf's legal team was
headed by Cameron Doley and Maitre Saad
Djebbar.
Press
Release
Hanna Basha is acting for Andrea
Venturini. Mr Venturini has been wrongly identified by the UK tabloids
as a photographer who recently assaulted the rock star Pete Doherty.
Graham Harper, a senior officer at North Tyneside Council, has
won his libel complaint against seven Conservative Councillors. The
Councillors, one of whom was the former Mayor of North Tyneside, published
an article in their local Party newsletter which suggested that Mr Harper
had obtained his job at the Council as a matter of political preferment,
rather than on merit. The Councillors subsequently acknowledged that
this allegation was completely false and published an apology in their
newsletter. They also agreed to pay Mr Harper substantial damages together
with his costs. Mr Harper was represented by Adam
Tudor and Isabel Hudson under
the firm's CFA scheme.
Ken Bates, Chairman of Leeds United, has won a fulsome apology,
substantial damages (to be donated to charity) and costs on the settlement
of libel proceedings he brought against Associated Newspapers over allegations
published in the Mail on Sunday on 5 February 2006. Alasdair
Pepper handled the action.
Andrew Stephenson represented Mohammed Jameel and the Abdul Latif Jameel Group in the House of Lords. The case arose from an article published in the Wall Street Journal Europe alleging that the Group's accounts were amongst a number being monitored in Saudi Arabia at the request of the US authorities. Within 24 hours of publication, the allegation was officially denied by the Saudi monetary authorities. Evidence that the allegation was false was also produced from all the commercial banks in Saudi Arabia, without whose cooperation there was no practical means to monitor bank accounts. In December 2003 the claimants were awarded £40,000 damages for libel. The Wall Street Journal Europe did not contend that the allegation was true, but argued that its article was the product of responsible journalism on a matter of public interest. This defence was rejected in the High Court and by the Court of Appeal, but was ultimately upheld by the House of Lords.
Press Release
Former world heavyweight-boxing champion Frank Bruno and Yvonne
Clydesdale won substantial damages from the People over false allegations
concerning their private life.
Press
Release
Statement
in Open Court
Lesley Sanderson has settled her libel action against Sport Newspapers
Limited receiving an apology, a Statement
in Open Court, a substantial sum in compensation together with payment
of her legal costs.
Miss Sanderson appeared on the reality television programme, Big Brother,
in the summer of 2005. Following her exit from the programme, the Sunday
Sport published an article falsely alleging that she had been involved
in a three-in-the-bed sex session with two brothers. The article also
made various other false allegations of sexual impropriety. Miss Sanderson
sued the Sunday Sport for defamation.
At a hearing on 3 October in the High Court before Mr Justice Eady,
Hanna Basha, on behalf of Miss Sanderson,
told the Court that the allegations contained in the article had been
fabricated by the two brothers concerned. The Sport's representative
accepted that there was no truth whatsoever in the allegations and publicly
apologised to Miss Sanderson for the distress that the untrue allegations
caused.
Miss Sanderson, expressed her delight at the outcome of the proceedings
and said:
"I am very happy with the result and delighted that my name has
been cleared of these false, highly damaging and very serious allegations
which have proved to be completely unfounded."
Press
Release
Cameron Doley and Felicity
Robinson successfully acted for Mr Adam Baskind, former CEO
and owner of the European Lamp Group, in his complaint against Lighting
Magazine. The publication agreed to publish a full correction and pay
Mr Baskind's legal costs together with a sum of damages which was donated
to charity.
Correction
Cameron Doley and Felicity
Robinson represented solicitor Dr Akbar Malik of immigration
law specialists Malik Law Chambers in his successful claim against The
Sunday Times. Dr Malik sued Times Newspapers Limited after The Sunday
Times published an article on 19 February 2006 which falsely accused
him of having advised a Sunday Times undercover reporter on how to obtain
a passport by entering into a sham civil partnership. The newspaper
printed an apology
and agreed to pay Dr Malik £20,000 in damages and his legal costs
pursuant to the 'Offer of Amends' procedure.
Press
Release
Muhamed Veliu, represented by Hanna
Basha, has won his libel action over an article published in the
Kosovan newspaper, the Bota Sot. Mr Justice Eady gave judgment on 11
July 2006 and awarded Mr Veliu £175,000.
Mr Veliu is the London correspondent for Top Channel TV in Albania
and the Express Newspaper in Kosovo. The false allegation, published
on 20 July 2005, was that Mr Veliu was implicated in the 7 July bombings
in London, which Mr Justice Eady found to be "one of the gravest
imaginable".
Mr Veliu sued both the publisher of the paper, Xhevdet Mazrekaj, and
its editor, Skender Bucpapaj. Mr Bucpapaj failed to defend the proceedings
and judgment was entered against him for the total sum of £175,000.
Mr Mazrekaj, however, relied on the 'Offer of Amends' provisions in
the Defamation Act and accordingly he was granted a discount. Although,
given his conduct, which Mr Justice Eady summarised as "rather
leisurely", the discount was the smallest granted under the Offer
of Amends procedure. Of the £175,000 awarded, £120,000 is
recoverable from Mr Mazrekaj.
This is by far the highest award under the Offer of Amends provisions.
The second highest was in the case of Colonel Jonathan Campbell-James
v. Guardian Media Group plc, in which the Claimant was represented by
Nigel Tait of Carter-Ruck.
Mr Veliu expressed his delight by the Judgment and said:
"I am extremely happy by the result and very happy that my name
has been cleared of these false, highly damaging and very serious
allegations".
Press
Release
Representing Colonel Jonathan Campbell-James, a British Army officer
who had recently served in Iraq. At a hearing before Mr Justice Eady,
the Colonel was awarded £58,500 in compensation for libel published
in the Guardian, together with his costs. At the time of the decision,
this was the highest award made under the offer of amends scheme. The
case is reported as Campbell-James v Guardian Media Group plc, [2005]
EMLR 24.
Adam Tudor and Isabel
Hudson represented Judge Advocate Jack Bayliss in his successful
claim for false allegations published by The Independent newspaper.
Judge Advocate Bayliss had presided over the much-publicised Court Martial
of Flight Lieutenant Kendall-Smith, who was convicted on five charges
of failing to comply with lawful orders for refusing to serve in Iraq.
Kendall-Smith was sentenced to eight months in jail and was dismissed
from the Royal Air Force. The Independent agreed to pay Judge Advocate
Bayliss substantial damages and costs, published a full apology and
joined in the reading of a Statement
in Open Court on 5 July 2006.
Press
Release
Magnus Boyd successfully acted for
an orthopaedic surgeon over a complaint made to the General Medical
Council about the surgeon's fitness to practice. The surgeon was cleared
of all charges and was found to have acted in good faith. The case focussed
attention on the balance between an individual clinician's responsibility
towards patients and that of Management within the Health Service.
The case highlighted the importance of reputation protection in disciplinary
and governing body proceedings.
The dangers of being defamed, for doctors in particular, are examined
more fully in Defamation:
Not What The Doctor Ordered on our Articles
page.
Nigel Tait and Magnus
Boyd acted on behalf of Peter Murray, a former driving test
examiner who was awarded £30,000 plus payment of his legal costs
after being libelled by the Motor Schools Association of Great Britain.
The Motor Schools Association are involved with driving instruction,
examination and safety. In their monthly magazine they claimed that
Mr Murray deliberately failed driving test candidates when he should
have awarded them passes, thereby cheating candidates during their test
and distorting the pass rate figures of the Driving Standards Agency.
The allegations were made against the backdrop of concerns about the
driving test and road safety.
The allegations made about Mr Murray were false and the day before
trial the MSA, together with its Chairman and the author of the article
admitted their libel of Mr Murray. They apologised in a Statement
in Open Court and agreed to publish a front page apology in the
next edition of their magazine.
Carter-Ruck acted on a conditional fee agreement and the victory for
Mr Murray represents another success for the scheme that provides access
to justice and vindication for clients who could not otherwise afford
to litigate to protect their reputations.
Claire Gill and Hanna
Basha are acting for former 'Big Brother' contestant, Lesley
Sanderson, against the Sunday Sport and the Sunday Star. An apology
was published on 11 June 2006 by the Sport pursuant to the 'Offer of
Amends' procedure.
Apology
Bow Street Magistrates Court has declined to act on a further extradition
request from Russia for the extradition of Boris Berezovsky.
Senior District Judge Timothy Workman ruled that since Mr Berezovsky
had the benefit of political asylum, under the provisions of the Geneva
Convention he could not be returned to Russia. Therefore, a lengthy
process involving great expense to the British taxpayer would be futile.
Andrew Stephenson handled the case.
Press
Release
Judgment
Boris Berezovsky has been awarded £50,000.00 in damages
for libel by a jury in the High Court, against the Russian private bank
Alfa Bank and its chairman Mikhail Fridman.
Claire Gill and Andrew
Stephenson acted for Mr Berezovsky who brought an action for libel
against Mr Fridman and Alfa Bank over allegations made by Mr Fridman
on a Russian television programme in October 2004, and broadcast in
this country to subscribers. Mr Fridman accused Mr Berezovsky of threatening
him and others. After a two-week trial before Mr Justice Eady, the jury
delivered its verdict on 26 May. As the verdict shows, the jury rejected
the Defendants' defence of justification and found that Mr Fridman's
allegations were untrue. The jury awarded Mr Berezovsky £50,000
in damages and he was awarded his legal costs and an injunction restraining
future publication.
Press Release
Sir Elton John has received £100,000 in damages for libel
from Associated Newspapers Limited.
Nigel Tait and Hanna
Basha acted for Sir Elton John to secure not only damages of £100,000
but also a full apology, Statement
in Open Court and payment of his legal costs from Associated Newspapers
Limited.
Sir Elton sued Associated Newspapers Limited after the Daily Mail published
an article on 24 June 2005 which falsely accused him, among other things,
of issuing a bizarre edict to guests at his White Tie and Tiara annual
charity ball last year telling them not speak to him unless he approached
them.
At a hearing on 24 May 2006 in the High Court in London, Nigel Tait
of Carter-Ruck told the Court that no such edict was issued at all.
Sir Elton greeted each guest as they arrived and is well known for chatting
to as many people as possible who attend the annual event, not least
to thank them for helping him with his fundraising efforts.
The Daily Mail did not try to justify the allegations but defended
the action by making an offer of amends and relying on this in its defence.
Following Sir Elton's rejection of the offer of amends the Daily Mail
applied unsuccessfully to the court to have the action struck out on
the grounds that Sir Elton could not demonstrate that the Daily Mail
had reason to believe the allegation was untrue when they published
it. The application was thrown out by Mr Justice Eady and the case was
listed for trial before a Judge and Jury to commence on 26 June this
year.
However, the Daily Mail made an offer to pay Sir Elton £100,000
in damages and the action has now settled. He will donate his damages
to the Elton John Aids Foundations, which have already raised over $100
million for charitable purposes throughout the world.
Andrew Stephenson and Hanna
Basha acted for the ballet director Robert North in a complaint
against the Daily Telegraph, which published a prominent apology on
15 April 2006, paying Mr North damages and the costs.
Robert Dougans represented Peter
Whittle, a Conservative council candidate for the ward of Blackheath
Westcombe in the 2006 local elections. Mr Whittle's Labour opponents
made utterly false and highly defamatory allegations about him in their
election address. Within 4 days of Mr Whittle instructing Carter-Ruck,
the local Labour Party had agreed to withdraw the leaflet in question
from circulation and to distribute an apology, prior to the election,
to the voters of Blackheath Westcombe who had received the original
leaflet.
Adam Tudor represented Sir Simon
Milton, the leader of Westminster City Council, in various successful
libel complaints brought against Tribune magazine and a number of newspapers
and magazines which published false allegations about a speech he made
to Council in 2005. Sir Simon obtained apologies, damages (from which
he made substantial donations to charity), and costs.
The firm acted for Chelsea Football Club, Frank Lampard and Bryan English (the club's doctor) in a complaint in respect of an article published
in the Daily Mail. The Mail published an agreed apology on 28 March
and paid all the costs to settle the matter. Alasdair
Pepper handled the case.
Alasdair Pepper represented Lindsay
Thomas, who had previously held the position of Director of Authorisation
at the FSA, in a complaint of libel against the FT Adviser. The allegations
were published on 9 February 2006 but quickly withdrawn by the publisher,
with a front page unreserved apology then being published on 1 March.
Agreed damages and costs were also paid.
The firm represented Andrew Trotter,
Deputy Chief Constable of British Transport Police, in a complaint of
libel against the publisher of the West End Extra. The allegations which
were published on 14 October 2006, were completely false. It turned
out to be a case of mistaken identity on the part of the relevant reporter.
An unreserved apology was published in the WEE on 18 January (described
by Private Eye as the apology of the year) and agreed damages were paid
to charity and all the costs. Alasdair Pepper
acted.
Carter-Ruck acted for Sir Elton John to secure a full apology,
Statement
in Open Court, damages and costs from Times Newspapers Ltd over
an article published on 26 June 2005 in the Jasper Gerard column of
the Sunday Times entitled "rock royals get too grand". Sir
Elton was represented by Nigel Tait
and Hanna Basha. The article wrongly
alleged that Sir Elton acted in a self-important, arrogant and rude
manner at his annual charity fundraising White Tie and Tiara summer
ball. It repeated a false rumour that Sir Elton had issued a bizarre
edict to his guests that he should not be approached at the summer ball,
and that guests should not address him unless spoken to. At a hearing
on 16 February 2006 in the High Court in London, Hanna Basha told the
Court that Sir Elton was particularly embarrassed and distressed by
the article as he feared that it would be damaging to his charitable
fundraising efforts. At that hearing, Alastair Brett, on behalf of Times
Newspapers Ltd, publicly apologised to Sir Elton and acknowledged that
the allegation was wholly untrue. Sir Elton will donate his damages
to the Elton John Aids Foundation, which has already raised over $90
million for charitable purposes throughout the world.
Alasdair Pepper acted for Ken Bates, Chairman of Leeds United
FC, in proceedings for libel in respect of allegations published in
the Daily Mirror on 22 November 2005. An agreed apology was published
in the Daily Mirror on 16 December. The Daily Mirror also agreed to
pay damages and costs.
Andrew Stephenson acted for Boris Berezovsky in relation
to allegations published on 25 October 2005 in the Guardian newspaper
that he was the "wanted defrauder of the Russian region of Samara".
Mr Berezovsky settled on terms including an apology, a statement in
open court, £20,000 in damages together with payment of his legal
costs. Mr Berezovsky will donate the libel damages to the London Bombings
Relief Charitable Fund, which provides support to victims of the 7 July
2005 attacks.
Press
Release
The Guardian on 1 June 2006 published a report confirming that it had
agreed to pay Mr Berezovsky £20,000 damages and his legal costs.
Jenifer Howlett has succeeded in obtaining a harassment injunction
against banner-flying millionaire Terry Holding, following an important
ruling in the High Court. Mrs Howlett (represented by Adam
Tudor and Isabel Hudson under
the firm's CFA scheme) had previously won two libel actions against
Mr Holding.
Press
Release
The Board of Deputies of British Jews has apologised to Carter-Ruck's
client, the UK-registered Palestinian relief charity Interpal
over allegations published on its website.
Press Release
Loreena McKennitt, Canadian folk singer and composer, has won
her privacy action in the High Court. The judgment of Eady J is a significant
decision concerning the extent to which the Court will protect the privacy
of celebrities. Mark Thomson represented
Loreena McKennitt.
Summary of Judgment
Key Extracts from the Judgment
The BBC has apologised in Court to Gregory Bull QC, Counsel at
the criminal bar over allegations contained in the programme Dragon's
Eye. They also agreed to pay damages and his legal costs. Mark
Thomson represented Gregory Bull QC.
Statement in Open Court
The Star newspaper has apologised in Court to television actress Lisa
Maxwell for allegations that she had a casual one night stand. The
newspaper also paid her substantial damages and her legal costs. Mark
Thomson represents Mrs Maxwell.
Statement in Open Court
The BBC have broadcast an apology to Peter Griffin, a retired
engineer, in respect of completely false allegations broadcast on the
"File on Four" programme on Radio 4 that Mr Griffin was involved
in facilitating Libya's nuclear weapons programme. The BBC has also
agreed to pay Mr Griffin £30,000 in compensation, together with
his legal costs. Mr Griffin was represented by Nigel
Tait and Robert Dougans under
the firm's CFA scheme.
Apology
The Council for British Archaeology has printed an apology in "British
Archaeology" magazine in respect of untrue allegations that Mr
Robert Duquemin had been involved in metal-detecting on a protected
site. As well as accepting that Mr Duquemin had been innocent of such
allegations, they agreed to pay him £5,000 in damages together
with his legal costs. Mr Duquemin was represented by Robert
Dougans under the firm's CFA scheme.
Apology
Saudi client Yassin Abdullah Kadi has won a landmark ruling in
the Swiss courts clearing him of any link with 9/11 attacks.
Press Release
The Guardian has apologised in Court to Russian businessman, politician
and long-standing client of the firm Boris Berezovsky. The allegations
related to the charges on which the Russian Prosecutor had sought Mr
Berezovsky's extradition.
Press Release
Statement
in Open Court
More
The Oxford Labour Party, on behalf of Bill Baker, have agreed to pay
substantial damages to 3 Council members of the Independent Working
Class Association - namely Stuart Craft, Claire Kent and Lee Cole.
These damages were in relation to a libellous article published in an
Oxford Labour Party leaflet "Boundary Brook News" which falsely
alleged that the IWCA are linked to extremist anarchist groups and violent
Irish Nationalist groups. The Oxford Labour Party and Bill Baker have
published a full apology and undertaken not to repeat the allegations.
They have also agreed to pay the IWCA's legal costs. The IWCA were represented
by Hanna Basha and Francesca Debenham
under the firm's CFA scheme.
Apology
Oxford
Mail Article
The Sun and Sunday Times have agreed to pay substantial libel damages
to Yusuf Islam (formerly known as Cat Stevens) in relation to
articles which falsely alleged that he had been involved in terrorism.
Both newspapers have published full apologies and undertaken not to
repeat the allegations. They have also agreed to pay Mr Islam's legal
costs. Mr Islam was represented by Adam
Tudor and Antonia Foster.
Press Release
The Daily Mirror has published a full apology to Kate Duxbury,
the wife of a non-commissioned army officer currently serving in Iraq,
in relation to false allegations published on the "Dr Miriam"
problem page in July 2005. The newspaper also paid Ms Duxbury damages
and has agreed to pay Ms Duxbury's legal costs. Guy
Martin had conduct of the case.
Representing Jonathan Agnew, the BBC Cricket Correspondent, in
his complaint against Private Eye over allegations published about him
in August 2005. Private Eye published an apology and has agreed to pay
damages and legal costs. Mr Agnew was represented by Claire
Gill.
Acting for Helen Clark in relation to allegations published in
the Daily Mail and the Independent in July and September 2005. Securing
an apology and payment of legal costs from each paper together with
damages from the Daily Mail. Helen Clark was represented by Hanna
Basha.
Acting for a company based in the Caribbean to obtain an emergency
High Court injunction restraining the vendor of a luxury yacht from
disposing of it in breach of the purchase and sale agreement. Commencing
arbitration against the vendor, an Italian company, in London under
the London Maritime Arbitrators Association. Successfully securing delivery
of the yacht in Italian waters. The company was represented by Andrew
Stephenson and Hanna Basha.
The Sun newspaper has apologised and agreed to pay substantial damages
and costs to MEP Den Dover in relation to completely false allegations
that he had abused his European Parliamentary allowances. The case was
handled by Alasdair Pepper.
Statement in Open Court
Acting for Alan Donnelly, former Leader of the Labour Group in
the European Parliament, in his successful action against Tom Rubython
and Business F1 Magazine. Mark Thomson
had conduct of this case.
Summary of Court Judgment
Full Text of Court Judgment
Acting for the Saudi Arabian businessman Yousef Jameel against
the Sunday Times. The case concerned an article published in June 2003
headed "Car tycoon 'linked' to Bin Laden". The case was settled
on 15 June when the Sunday Times accepted that Mr Jameel was not a supporter
of Osama bin Laden or Al Qaeda and expressed their regret that their
article may have given readers a different impression.
Press Release
The Daily Telegraph has published a full apology to Michael Mates
MP in relation to false allegations published in July 2004. The
newspaper also to joined in the making of a Statement in Open Court
and paid Mr Mates' legal costs. Alasdair
Pepper had conduct of the case.
Statement in Open Court
Jockeys Willie Ryan and Michael Tebbutt (represented by
Cameron Doley) have won substantial
damages from The Sun following publication of false allegations of race-fixing.
The newspaper also published an unequivocal apology in its racing supplement
and on its website.
Colonel Chris Terrington, a serving British Army Officer, has received
£58,500 in damages from the Guardian newspaper. The allegations
were contained in respect of the same article as that containing allegations
about Colonel Campbell-Jones, and were completely false. Colonel Terrington
was represented by Nigel Tait and
Robert Dougans under Carter-Ruck's
CFA scheme.
Acting for Peter Griffin, a retired engineer and businessman
who has accepted an offer of £50,000 in libel damages from the
Guardian newspaper over false allegations that he was involved in Libya's
clandestine nuclear weapons programme. Mr Griffin was represented by
Nigel Tait and Robert
Dougans.
Press Release
Statement in Open Court
Representing Mrs Jenifer Howlett, a former Councillor and Mayor
of Castle Point, Essex, in further libel proceedings brought against
Terry Holding, a local multimillionaire. The trial ended on Friday,
27 May 2005 when, following a week-long trial, a High Court Jury unanimously
found in Mrs Howlett's favour and ordered Mr Holding to pay her substantial
damages. The Court also imposed an injunction against Mr Holding and
ordered him to pay Mrs Howlett's costs, on the indemnity basis.
The case was highly unusual, not only because of the manner in which
the libels were published (in the form of banners towed behind an aircraft,
and leaflets dropped from the skies above Essex), but also because the
dispute arose following Mrs Howlett's previous libel
victory against Mr Holding in October 2003, when a unanimous Jury
awarded her £65,000 in damages.
Mrs Howlett was once again represented under the firm's Conditional
Fee Agreement scheme by Adam Tudor
and Isabel Hudson.
Press Release
Representing Dr Lionel Sawkins, in the Court of Appeal, following
his successful claim for copyright infringement against Hyperion Records
Limited. Hyperion appealed the decision of the High Court last year,
but the Court of Appeal unanimously decided in favour of Dr Sawkins
and upheld the earlier decision.
Dr Sawkins was again represented under the firm's conditional fee agreement
scheme by Ruth Collard and Antonia
Foster.
Press Release
Judgment
Colonel Jonathan Campbell-James,
a serving British Army Officer, has won £58,500 in libel damages
from the Guardian newspaper, who accepted that the allegations made
against Colonel Campbell-James were completely false, Colonel Campbell-James
was represented by Nigel Tait and Robert
Dougans, who acted under Carter-Ruck's CFA scheme. The case is reported
as Campbell-James v Guardian Media Group plc, [2005] EMLR 24.
Press Release
Judgment
Jude Law has instructed Mark Thomson
of Carter-Ruck in respect of defamatory allegations contained in a recent
edition of the News of the World.
More
Carter-Ruck has won a £500,000 libel victory for Her Highness
Sheikha Mouza Al Misnad, the wife of the Emir of the State of Qatar,
against UK-based Arabic daily newspaper Azzaman.
The claim arose out of no fewer than four articles containing an array
of untrue and extremely serious allegations concerning the Sheikha,
ranging from improper interference in political, judicial and security
matters in Qatar to engagement in secret dealings with Israel. Azzaman
initially attempted to argue that its articles constituted exercises
in "responsible journalism" and were thus protected by the
defence of qualified privilege. However, at a preliminary hearing, Sheikha
Mouza's legal team (headed by Cameron Doley
and Adam Tudor) was able to provide
the court with evidence demonstrating that Azzaman was in fact controlled
by a foreign power which had used the newspaper as a mouthpiece in a
campaign of black propaganda against Qatar and its government. Almost
immediately after this evidence had been shown to the court, Azzaman
capitulated and agreed to meet Sheikha Mouza's long-standing requirements
for settlement.
Under the settlement Azzaman joined in the reading of a statement in
the Royal Courts of Justice, in which it publicly accepted that there
was no truth whatsoever in any of its allegations. It also published
a front-page apology and undertook never to publish the allegations
complained of in the future. Azzaman also paid substantial damages to
Sheikha Mouza (which are to be donated to charity) together with her
legal costs. The total sum to be paid under the settlement is in excess
of £500,000.
Press Release
Statement in Open Court
Successfully acting for Ben Wood. After winning his case and
being awarded £45,000 in damages for defamation by a jury the
Chief Constable of the West Midlands Police appealed the verdict. After
2 days in Court at the end of last year, the Court of Appeal found in
Mr Wood's favour and upheld the jury verdict.
Mr Wood was represented by Nigel Tait
and Hanna Basha under Carter-Ruck's
Conditional Fee Agreement scheme.
Successfully securing an apology and costs for Sir John Butterfill
MP from the Daily Telegraph.
Securing an agreed apology, damages and costs for The Right Honourable
Nicholas Soames MP in relation to a material published in The Independent
on Sunday.
Representing Chelsea Football Club in a complaint against the
Mail on Sunday. An agreed apology and costs was obtained.
Successfully representing the former Chief Executive of Leeds United
Football Club (previously Chelsea's Chief Executive) Trevor Birch
in proceedings for libel in respect of allegations published in The
People on 25 January 2004. An apology (published on 8 February 2004),
damages and costs where obtained. The case was handled by Alasdair
Pepper and Hanna Basha.
Successfuly acting for Colonel Chris Terrington in claims against
The Independent, The Sunday Times and the News of the World in which
Colonel Terrington recovered damages, apologies and costs against all
three newspapers.
Securing a favourable libel settlement for hot air ballooning company
Exclusive Ballooning Ltd and its director Andrew Holly
against the Western Daily Press. The newspaper had wrongly alleged that
a balloon flown by Exclusive Ballooning had crashlanded near a farm
causing the death of 2,000 chickens and a resulting loss to the farmer
of £30,000. Carter-Ruck, acting under their CFA scheme, secured
an apology for Mr Holly and his company together with damages and costs.
The firm being instructed by Yusuf Islam (formerly Cat Stevens)
following the well-publicised refusal by the US authorities to admit
him to the United States.
Mr Islam said "I remain bewildered by the decision of the US authorities
to refuse me entry to the United States. My solicitors have now made
representations to the relevant US authorities, and I have asked the
Foreign Secretary, Jack Straw to continue to use his good offices in
order to bring this matter to a swift conclusion."
Yusuf Islam is being represented by Adam
Tudor and Antonia Foster.
Representing Dr Lionel Sawkins, an eminent
musicologist and editor of baroque music, in his recent trial success
against Hyperion Records Limited. Dr Sawkins brought the action for
breach of copyright in respect of his editions of certain works of the
French composer Michel-Richard de Lalande, recorded by Hyperion and
issued on a CD. Hyperion refused to acknowledge Dr Sawkins' copyright
or pay royalties on the editions.
The judge held that Dr Sawkins' editions were protected by copyright
and that he was entitled to royalties and to be acknowledged as author
of the editions. An enquiry will follow as to the amount of damages
to which Dr Sawkins is entitled. Dr Sawkins was also awarded his legal
costs.
The case made new law, laying down what is required in order to establish
copyright in an edition of a musical work.
Dr Sawkins was represented under the firm's conditional fee agreement
scheme by Ruth Collard and Antonia
Foster.
Press Release
Obtaining damages, an apology and costs from The Evening Standard for
the journalist Sandra Barwick for an article which appeared in
the Standard's 'In the air' media column last December.
Ms Barwick, who is the editor of The Daily Telegraph's letters page,
instructed Nigel Tait in March after
the Standard refused to print an adequate apology.
Winning substantial damages, an apology and costs from the Sunday Telegraph
for Adam Musa King creator of the internet news site, Mathaba.Net
and founder of Green Charter International.
Press Release
Statement in Open Court
Representing Ken Bates, ex Chairman of Chelsea FC, in his recent
libel win against the Evening Standard. The action went to trial on
24 May at the conclusion of which the jury awarded Mr Bates £9,000
damages. The Evening Standard was also ordered to pay Mr Bates costs
and it gave an undertaking not to republish the allegations complained
of.
Prior to the trial Mr Bates had offered to settle the case on receipt
of an acceptable apology and costs from the newspaper. Mr Bates is donating
the damages to the Chelsea Children's Trust. The case was handled by
Alasdair Pepper and Hanna
Basha.
Securing a libel victory for Adam Afriyie, Conservative Prospective
Parliamentary Candidate for Windsor, and his wife, Romi, against the
publisher of the Mail on Sunday, its editor and two journalists in respect
of an article they published in October 2003. In a statement in open
court on 7 May, the defendants apologised to Mr and Mrs Afriyie for
the distress and embarrassment the article caused them. They also agreed
to publish an apology, pay the couple a substantial sum in damages,
meet their legal costs and undertook not to repeat the allegations complained
of.
The October article, the claimants said, had suggested that Mrs Afriyie
ran a high-class escort agency and that Mr Afriyie had deceived the
Windsor Conservative Party about this. It also suggested that Mr Afriyie
had deceived the Windsor Conservative Party about his marriage. The
Defendants accepted that there was no truth whatsoever in any of these
allegations. They accepted that Mrs Afriyie's business Oyster Promotions
Ltd was entirely reputable, providing skilled marketing services, and
that Mr Afriyie had not deceived the Windsor Conservatives in any way
during his selection. Mr and Mrs Afriyie were represented by Alasdair
Pepper and Kate Macmillan.
Statement in Open Court
Securing a favourable settlement for Mr Barnes-Taylor of his
defamation action against The Commissioner of the Metropolitan Police
in relation to an allegation made on their website. The High Court in
London heard a Statement in open Court in the middle of April where
the Metropolitan Police publicly withdrew the allegations and apologised.
The Metropolitan Police have also paid Mr Barnes-Taylor substantial
damages, agreed not to repeat the allegations and to pay his legal costs.
Mr Barnes-Taylor was assisted by Carter-Ruck's Conditional Fee Agreement
scheme.
Statement in Open Court
Achieving a favourable settlement for Mr Richard Meeran and Leigh
Day & Co of their defamation action against Centaur Communications.
Mr Meeran is a partner in the firm Leigh Day & Co. The claim arose
from allegations published in The Lawyer, which is owned by Centaur
Communications, about both of our clients. The High Court in London
heard a Statement in open Court at the beginning of April where Centaur
Communications, through its lawyer, apologised to our clients and publicly
withdrew the allegations made about them. Further terms of settlement
include Centaur Communications agreeing not to repeat the allegations,
to pay damages to our clients and to pay their legal costs.
Both Mr Meeran and Leigh Day & Co were represented by Carter-Ruck's
on our Conditional Fee Agreement Scheme.
Successfully representing Hassine Ouguenoune, a former officer
in the Algerian intelligence services, against the publishers of Asharq
Al Awsat, a leading Arabic newspaper published throughout the UK and
Europe.
Mr Ouguenoune (who was granted political asylum in the United Kingdom
in 1999) obtained substantial damages, a full statement in open court,
and a prominent apology in respect of an article which appeared in Asharq
Al Awsat on 9 November 2002. This article included a number of untruthful
allegations, including that Mr Ouguenoune had been instrumental in terrorist
atrocities committed by the notorious Armed Islamic Group. The newspaper
also agreed to pay Mr Ouguenoune's legal fees.
Press Release
Statement in Open Court
Acting for Mr Andrew Thompson to achieve a favourable settlement
of his defamation action against Boy George. The claim arose from allegations
made by Boy George to Boyz magazine. The High Court in London heard
a Statement in open Court at the end of February at which Boy George,
through his lawyer, publicly withdrew the allegations he made about
Andy Thompson and apologised to him. Boy George has also agreed not
to repeat the allegations, to pay damages to Andy Thompson and to pay
his legal costs.
Mr Thompson was assisted by Carter-Ruck's Conditional Fee Agreement
scheme.
Successfully acting for Jennifer Bain, a landscape gardener,
who obtained substantial damages an apology and costs from The Guardian
newspaper over a false allegation in the Guardian Weekend section".
Successfully representing Peter and Keith Doyle (who are father
and son), horse breeders and trainers, in libel proceedings against
Nick Skelton, the well-known international show jumper, over allegations
in his 2001 autobiography, "Only Falls and Horses". In a statement
read in open court Mr Skelton apologised to the Doyles and undertook
not to repeat the allegations in the future. He also agreed to pay substantial
damages to them, together with their legal costs.
Press Release
Winning damages for Helen Clark, the Labour Member of Parliament
for Peterborough, in a libel action against the Daily Express. In articles
published in July 2003, the newspaper had accused Mrs Clark of dishonouring
a promise in the Labour manifesto not to introduce top up fees by voting
against a Liberal Democrat motion opposing their introduction. Mr Justice
Tugendhat found in Mrs Clark's favour and made a declaration that the
Daily Express articles were false and defamatory of her. He also ordered
the publication of an apology in the Daily Express and awarded Mrs Clark
£5,000 in damages together with her legal costs.
Press Release
Obtaining damages and an apology for Mary Graham, an employee
of Kingston Borough Council, in an action for libel and slander against
former Olympic yachtsman Simon 'Ossie' Stewart. Mrs Graham was represented
under Carter-Ruck's successful CFA scheme.
Obtaining for Mr Mohammed Jameel £30,000, and for his company
the Abdul Latif Jameel Company Limited, £10,000 in libel damages
in addition to costs against the Wall Street Journal Europe.
The claim arose from an article published in the newspaper in February
2002 which alleged that the Abdul Latif Jameel
Group was one of a number of prominent Saudi businesses which were being
monitored by the Saudi banking regulators at the request of US law enforcement
agencies.
The WSJE never claimed its article was true but sought to persuade
the court that it had acted responsibly in publishing its story. The
defence was rejected by the Judge following the jury's findings.
Update on Appeal
In November 2004, The Evening Standard apologised to the firm's long-standing
client Boris Berezovsky over the repetition of allegations originally
made by Forbes magazine and which Forbes itself had accepted to be false.
The paper paid Mr Berezovsky's legal costs and made a donation to a
charitable foundation of Mr Berezovsky's choice.
Evening Standard Apology
Obtaining for Mr Ben Wood £45,000 in damages for defamation,
in addition to an injunction and costs, against the Chief Constable,
West Midlands Police. The claim arose from allegations made by a then
Detective Chief Inspector that Mr Wood aided and abetted the commission
of numerous serious criminal offences. The allegations were defamatory
and wholly untrue and the jury found in Mr Wood's favour.
Mr Wood's case was conducted under Carter-Ruck's Conditional Fee Agreement
scheme.
Succeeding in obtaining for Ewan McGregor a default judgment
and an injunction against the photo agency Eliot Press SARL in respect
of photographs taken last December of his children whilst on holiday
in Mauritius. The Court ordered damages for breach of confidence, compensation
under the Data protection Act, and if appropriate, damages for invasion
of privacy to be assessed. An injunction was also granted forbidding
republication of the photographs or any similar such photographs of
his chidlren. Some time ago Ewan issued a request to the press politely
requesting that the media should not publish pictures of his children.
Obtaining for Mrs Jenifer Howlett £65,000
in libel damages, in addition to an injunction and costs, against millionaire
scrap car dealer Terry Holding and his company, Holding & Barnes
PLC. Mrs Howlett - who between 1995 and 2003 was a Councillor on Castle
Point Borough Council in Essex and served as Mayor in 1995/1996 - brought
proceedings after Mr Holding, over a period of several years, trailed
numerous banners behind his private aircraft making a wholly untruthful
allegation about Mrs Howlett. In addition to flying these banners, Mr
Holding made similar allegations in letters which he sent to local Councillors
and newspapers. Then, at the time of the local elections held earlier
this year, he flew yet further banners and caused thousands of offensive
leaflets to be dropped indiscriminately out of his aircraft.
Mrs Howlett's case was conducted under Carter-Ruck's Conditional Fee
Agreement scheme and the damages represent the highest damages award
by a jury in 2003.
Press Release
Successfully acting for the prominent Russian politician and businessman
Boris Berezovsky in resisting extradition proceedings instigated
by the Russian Government. Mr Berezovsky maintained that the charges
against him - alleging a £8 million fraud - were concocted as
a means to punish him for his outspoken opposition to Russian President
Vladimir Putin and Russia's Security Services. On Mr Berezovsky's behalf,
senior partner Andrew Stephenson contended
that, if returned, Mr Berezovsky would suffer as a result of his political
opinions and would have no prospect of receiving a fair trial. On 10
September 2003, the Home Office accepted that Mr Berezovsky should be
granted political asylum. Two days later at Bow Street Magistrates Court
District Judge Workman accepted that the extradition proceedings should
be discharged.
More
Also representing Boris Berezovsky in his long-running libel
action against Forbes magazine, which concluded on 6 March when a statement
was read in open court and Forbes agreed to publish a correction notice
in their magazine and on their website.
Press Release
Succeeding in the Court of Appeal in overturning a judgment of Mr Justice
Gray on behalf of Mr Michael Gough, head of the legal department
at Bedford Borough Council. The action was against a local newspaper,
Bedfordshire on Sunday, and Mr Stewart Lister. The Court of Appeal unanimously
found in favour of Mr Gough. An assessment of damages by the Court of
Appeal was due to take place but before this the parties agreed that
Mr Gough would receive the total sum of £27,500. Both Defendants
also apologised to Mr Gough, in the case of Bedfordshire on Sunday on
the front page of that newspaper. At the trial last year we also successfully
represented Shaun Field, the Chief Executive of Bedford Borough
Council, who recovered a total of £52,500 in damages against the
same Defendants.
Press Release
Winning £61,000 in libel damages in the High Court for Sheikh
Rashid Ghannouchi, leader of the Tunisian opposition party An Nahda
and prominent Islamic scholar against the Editor and Publisher of the
London-based Arabic daily newspaper, Al Arab. Sheikh Ghannouchi was
also granted an injunction prohibiting further publication of Al Arab's
Summer 2008