5RB

5RB is widely acknowledged and respected as a leading set specialising in media, entertainment and information law, in particular, defamation, privacy, breach of confidence, malicious falsehood, contempt of court, data protection, reporting restrictions and harassment.

The set: There are presently 33 members, including eight silks and one Australian SC. Members have wide experience in all divisions of the High Court and in the appellate courts. They also appear regularly in the criminal and family courts, usually in reporting restrictions matters, and before domestic tribunals, such as Ofcom and the ICO. Chambers regularly receives instructions from overseas. Most members of 5RB undertake public access work. In addition to litigation, members provide pre-publication advice, usually to newspapers, book publishers, media organisations, public authorities and companies.

Types of work undertaken: 5RB enjoys a pre-eminent reputation in cases where there is or may be a clash between freedom of expression and other rights. Members specialise in defamation, malicious falsehood, privacy, breach of confidence, contempt of court, reporting restrictions, data protection, harassment, blackmail and other related causes of action. They are regularly called upon to advise in cases of publication online and on social media, particularly where the identity of a publisher is unknown, and to seek disclosure or apply for Norwich Pharmacal orders. Some members specialise across a broader spectrum of media, entertainment, IP and sports law, including copyright, passing off, broadcasting regulatory work, advertising, and sports tribunal work.

Members of 5RB have appeared in many of the most significant media and communications cases, including PJS v News Group Newspapers (SC); OPO v MLA (SC); Pinar-Byrne v Linton (PC); Gulati and ors v MGN (CA) (Mirror phone-hacking); Weller v ANL (CA); Serafin v Malkiewicz and others (SC); Murray v ANL (CA); Khuja v Times Newspapers (SC); Lachaux v Independent Print Ltd (SC); Sobrinho v Impresa; Cliff Richard v BBC; Yeo v Times Newspapers Ltd; the News Group phone-hacking litigation; Attorney General v Conde Nast. Recent cases include: Vardy v Rooney; Riley v Murray (CA); Duchess of Sussex v Associated Newspapers (CA); Attorney General v BBC; ZXC v Bloomberg (SC); Soriano v Forensic News LLC & ors (CA).

Members of the set write or contribute to the principal textbooks in their field: Gatley on Libel and Slander; Duncan and Neill on Defamation; Clerk & Lindsell on Torts; The Law of Privacy and the Media; Blackstone’s Guide to the Defamation Act; The Law of Photography and Digital Images; Borrie & Lowe: The Law of Contempt; Arlidge, Eady & Smith on Contempt.

Frequently 5RB’s barristers are called upon to advise out-of-hours or to seek or oppose emergency injunctive relief. There are out-of-hours contact arrangements and an on-call rota for advice over weekends and public holidays. 5RB is sensitive to the fact that, as a leading specialist set, different members are often instructed on opposing sides of the same dispute. There are robust arrangements in place to preserve client confidentiality.