Not so slick by Schillings

February 1, 2010

As an addendum to our congratulations to Mr Crone (see Cracking Job by Crone), we note our surprise that a firm so estimable as Schillings should apparently fail to tell the News of the World, which was preparing to publish the John Terry story, of the legal steps it was taking. Usually super-slick, Schillings came under fire from Mr Justice Tugenhat for not notifying anyone about their injunctive efforts on behalf of the England captain, a failure which the firm said was because its client did not know of any media organisation with a “specific interest in the story”. This, and the apparent concentration on damage to Terry’s business reputation rather than his family’s personal distress, appears to fall into the realm of ‘misjudgement,’ as also opined by leading media lawyer Mark Stephens: “Tugendhat’s judgment says that Terry was worried about his ability to exploit commercial rights and so it was not a question of privacy. It wasn’t worth having as a privacy injunction, let alone a super-injunction, which was just over the top.”

 

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The Sea: A Holy Hush?

July 25, 2010

For a certain poet, an unspoiled stretch of seaside was like “the holy hush there is in the land on Christmas morning. The roads fairly empty, the sky almost free of aeroplanes and you begin to hear and see and smell once more”.

But who uttered these lines?

(It’s a Monday, and this is your starter for 10 – and yes, we’re fresh to the metropolis, from a coastal sojourn.)

Alastair Brett: Certainly Not Certifiably Insane

July 23, 2010

The following words appeared in a Times article in 2003, about the paper’s recently departed Head of Legal, Alastair Brett. They’ve been doing the rounds in the wake of Brett’s sudden exit last week, though without attribution. Who, we wonder, wrote them? Two suspects present themselves – our own occasional scribe, Alex Wade, and Dominic Carman, son of the late, great George (an old mucker of Brett’s). Or was someone else the author? Whatever: the fact remains that Brett was a fearless, tenacious and excellent newspaper lawyer, a man whose commitment to press freedom coursed through every vein in his body. We don’t know the precise reasons for his departure, but he will be missed.

“[He] is known for his impassioned commitment to press freedom – so impassioned that he has been described as “certifiably insane”. Capable of an intimidatory snarl or two, and prepared to be stubborn, Brett is far from mad. He is erudite, charming (so the ladies say), and not known for sitting on the fence. If his sanity has, tongue firmly in cheek, been questioned, one thing not open to doubt is that Brett epitomises the old school Fleet Street lawyer”.

Pictured: Fleet Street -  not the same as it used to be.

Black in the black if he wants to sue for libel

July 23, 2010

A curious observation leaps at us from Roy Greenslade’s piece about whether Conrad Black, shortly to roam the high-class hotels of the world again as a free man, will return to the UK and carry out his threat to sue his biographer, Tom Bower, for libel:

I somehow doubt that he would have the appetite, or the funds, to pursue a libel action, but Black marches to the sound of his own drummer, so he might just do that. Even if he did, my money would still be on Bower winning.

Hang on, Roy – what about suing via a no win, no fee deal? Funds or no funds, a CFA would see Conrad through – though maybe he’ll remember what happened to the last press baron who sued Bower. Anyone for Richard Desmond’s curious dalliance with libel?

Pictured: the kind of place in which Conrad Black may be spotted (if not at the Royal Courts of Justice).