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Media & Entertainment Disputes

Content disputes take many shapes and forms, and we deal with them all.

Whether the dispute be breach of copyright, passing off, breach of confidence, privacy, defamation, malicious falsehood – or a combination two or more of those – then we have the expertise to deal with it. We also have all the industry expertise to deal effectively with contractual disputes. We make an early assessment and if we think you will lose we will tell you and get you out of the dispute as quickly and cheaply as possible. If we think you will win we fight your corner hard and try to get you a resolution early on to avoid the expense and uncertainty of a trial.

We also view programmes and read copy for libel and privacy expertly and robustly deploying our in-depth legal and industry knowledge; work we have done for a wide range of broadcasters and publishers.

 

 

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Litigation Costs

20 June 2019

We have updated our Guide to Litigation Costs, which provides a general introduction to the recovery of litigation costs from your opponent. It discusses general principles as well as issues that may arise during the course of litigation, providing practical guidance as to how to secure the best recovery.

Lachaux: defamation clients must prove “serious harm”

17 June 2019

Has a statement about you caused you serious harm? That is the question posed by section 1 of the Defamation Act 2013, which has been the subject of a long running defamation claim brought against the publishers of the Evening Standard, the Independent and the Huffington Post. The Supreme Court has now delivered its judgment on the interpretation of section 1, which has significant implications for the media industry.

The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?

28 May 2019

The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.

Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle

21 May 2019

The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.

Court of Appeal allows inspection of documents despite the risk of foreign prosecution

07 May 2019

The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.

Contract law update: Recent developments and practical tips

03 May 2019

On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.

Contract law update: Recent developments and practical tips

02 May 2019

We would like to invite you to our next seminar where we will be discussing recent developments in contract law.

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