David’s Media and Reputation practice and experience

Misuse of Private Information, Defamation, Malicious Falsehood, Harassment.

David has 16 years’ experience in dealing with publication/media related litigation. His practice covers the full range of publication/media/reputation management related issues ranging from Misuse of Private Information, Defamation, Malicious Falsehood, through to Harassment.

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 press enquiries from all national publications, including threats of press publication of concerning/unlawful wording and allegations, and/or private images. If required, David will swiftly act whether it’s a simple take down/ cease & desist notice to “nip” a matter “in the bud”, a letter of claim seeking a pre-action settlement, or, if necessary, work with expert counsel in the strategy and action necessary court proceedings from pre-action and out of hours/emergency injunctions through to trial and appeals if necessary in the Court of Appeal and Supreme Court, then enforcement if necessary.

David’s matters and clients are varied. Recent instructions include actions to stop unlawful stories and images of ultra-high net worth clients, their families and businesses; and acting for a politician in relation to various social media posts alleging unlawful behaviour and securing an apologies, damages and costs; protecting sports personalities; assisting with inter-family disputes; actions against public bodies; acting for a Polish émigré against a well-known Polish publication; acting for an ambulance driver in relation to publications online by multiple regional newspapers; acting for a charity trustee and businessman concerning allegations and pictures published on Facebook and Google by multiple defendants and which resulted in pre-action settlements including 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 discussed in any detail. However, two matter 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 images of our clients and family on holiday; this was settled. The same outcome was secured when a pictures taken from 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. This requires a multi-layered strategy for clients with both legal and practical help from David. On one occasion, a cease & desist letter sent to an ex-partner concerning serious defamatory allegations by her and her sibling and others as well as harassment resulted in our client being served with a non-molestation order under the Family Act 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. This was an example of where heated situations can allow a simple matter to get really out of control, and a practical and legal solution can assist the client to achieve their objectives as well as to de-escalate the situation thereby avoiding the need for further Court proceedings and costs for all involved parties.