David’s Media and Reputation practice and experience
Misuse of Private Information, Defamation, Malicious Falsehood, Harassment and Blackmail.
David has 17 years’ experience in conducting publication/media related litigation for clients. His practice for his clients covers the full range of publication/media/reputation management related issues ranging from Misuse of Private Information, Defamation, Malicious Falsehood, through to Harassment and Blackmail. He is a recognised authority in the area of defamation (which includes libel and slander) and Mis-use of Private Information.
He has an enviable record of success in taking decisive action for clients and can provide dedicated advice to individuals and companies whose reputations are at risk and/or have been attacked.
David assists clients with all services necessary to protect them, their family and businesses. He has acted for clients ranging from individuals and businesses, through to sports people, as well as high value businesses and ultra-high net worth owners, and their families.
Over the years, David has successfully advised on and managed client responses to all types of threatened publications from all directions including individuals, businesses and press enquiries. These includes national newspapers with threats of publication of concerning/unlawful wording and allegations, and private information and images. If required, David will swiftly advise and act whether it’s to send a cease & desist notice to “nip” any threatened publication “in the bud”, or working with specialist counsel to seek an emergency injunction to stop the publication.
If publication has taken place, then David will assist to seek immediate removal of the concerning publication and, if necessary, litigate for damages and injunctions through the pre-action stage through to trial and appeals in the Court of Appeal and Supreme Court, followed by enforcement of Court orders, if required.
Recent mis-use of private information instructions include multiple actions to stop repeated press to publish articles containing information and images misusing a client family’s private information (including images taken by drones and hidden photographers of family and properties etc), as well as successful protecting the reputation of a sportsperson subject to false allegations resulting in Police and press interest. As well as acting for high net worth individuals and families following misuse of their private information, David also acts for private individuals e.g. for example, an injunction to prevent the publication of an email to a large mailing list concerning our vulnerable client’s sensitive personal information matters, and the anonymisation of the parties and case file.
It is often around threats of disclosure of private and/or false information to others including the press where individuals seek payments and therefore blackmail and often harassment may arise. David will engage and seek to resolve those situations where possible. And if not then assist the client with seeking assistance from law enforcement.
David’s defamation and malicious falsehood instructions and clients in publication are varied including individuals and businesses. Examples include: acting for multiple claimants against an NHS trust relating to radio interviews; acting for a claimant Polish émigré against a well-known Polish publication, acting for an ambulance driver following publications online by multiple regional newspapers and radio broadcasters, and acting for a variety of elected officials including actions against and for Parish Councillors, and a local government councillor/charity trustee and businessman concerning allegations and pictures published on Facebook by multiple defendants and which resulted them agreeing pre-action settlements with costs, damages and apologies.
Notable Work:
Defamation– David was the sole solicitor with specialist defamation counsel for Mr Serafin in Serafin v Malkiewicz & Others in his successful appeal of the judgment of his defamation claim in the High Court, to the Court of Appeal, and, then when the Defendant appealed to the Supreme Court (this being the first appeal heard on the new public interest defence provisions in Section 4 of the Defamation Act 2013 (https://davidmagill.co.uk/supreme-court-appeal/). Notably in that case, the judge in the original High Court trial of Mr Serafin’s claim was found by the Supreme Court to have treated Mr Serafin unfairly, and a High Court re-trial was ordered. (https://www.5rb.com/case/serafin-v-malkiewicz-others/)
Misuse of Private Information/ Privacy– Due to the nature of any privacy action, the matters dealt with by David often will not become public, and can’t be explained in any detail. However, two matters which were before the Courts/regulatory bodies include – ADA v XAA which was a without notice injunction application to prevent publication of a mass circulation email containing medical and other private information about our client. This was settled with undertakings not to publish and substantial payment in damages and costs. Another action against a national newspaper and photo agency to stop publication of various images of our clients on holiday. The same outcome was secured when pictures taken by a drone of a family home were published in a national paper. David also recently acted for a sports personality initially taking swift action against unlawful press intrusion and to protect their reputation, and then to represent them through regulatory processes eventually securing their full return to high level competition.
Harassment and Blackmail – These often arise in reputation cases alongside defamation and privacy against individuals, and, on occasion, blackmail threats. These require a multi-layered strategy for clients with both legal and practical help from David. One example is where David was instructed to send cease & desist letters to an ex-partner and her sibling concerning serious defamatory allegations and harassment by them and associates resulted in our client being served with a non-molestation order under the Family Act (a type of anti-harassment order) which restricted the client from being able to go about his business. David quickly mobilised specialist counsel for the upcoming hearing where appropriate terms of settlement were agreed where our client would be left alone. Both sides agreed the outcome was best to allow everyone to move on. Another example was where an friend many years later attempted to blackmail our client with the the threat of disclosure of a long ended relationship to secure a payment. David wrote to the person with the result that he swiftly agreed to never make contact again. These are examples of where heated situations can allow a simple matter to get really out of control, and a practical and legal solution can assist the clients to achieve their objectives as well as to de-escalate the situation avoiding the need for further Court proceedings and costs for all involved parties.