Areas of Experience
- Commercial Litigation - Judicial Review - Arbitration - Civil Fraud - Company and Partnership - Privacy, Media and IP - Regulatory - Defamation - Data Protection - Procurement
Case Profile
Most recently in the UK, John has appeared in Consumer Credit cases. These include Plevin v Paragon Personal Finance Ltd and Anor at trial, in the Court of Appeal ([2013] EWCA Civ 1658 (16 December 2013); [2013] All ER (D) 152 (Dec)) and in the Supreme Court [2014] UKSC 61.
Defamation, privacy and data protection
For the better part of 15 years, John was extensively briefed on behalf of South Africa’s biggest circulation newspaper, The Sunday Times, in both privacy and defamation cases. This included opposing, on public interest grounds, an attempt by a previous Minister of Health, controversial because of her approach to the treatment of AIDS, to suppress publication of her own hospital treatment;[1] opposing an order by a commission of inquiry that a journalist testify;[2] and successfully defended an action brought after allegations that a catering company had caused food poisoning at a public event.[3] Other important reported decisions include successfully acting for the largest theme park in Johannesburg against a television company that had broadcast a defamatory programme alleging that some of its rides were unsafe;[4] and acting for various media companies in defamation actions brought against them by the previous State President of South Africa (the matter was withdrawn before trial); and for the publisher of a biography of a prominent member of Parliament critical of the government’s then AIDS policy, for revealing the HIV status of three persons.[5] John has also written an article on the rules of pleading defamation in South Africa, in the South African Law Journal,[6] arguing for harmonisation with the UK and Australian rules; a comparative article on the new defence of responsible publication (arguing that it is really the reintroduction of fault as an element of the tort of defamation);[7] an analysis of what damages are designed to redress in defamation;[8] a short note arguing that damages for loss of profits ought not to be claimable in a defamation action;[9] and, finally, an article explaining the Roman Dutch common law action founded on human dignity.[10] He regularly advises clients on all aspects of defamation, privacy and data protection. Currently, John appears for the Freedom of Expression Institute in South Africa (a prominent NGO that, amongst other things, litigates freedom of expression issues with a constitutional aspect) in a case (both the civil trial and the injunction) that raises the question, amongst other issues, as to how far a freelance journalist may be held responsible for publication of an article in the media.
Privacy Notice
This privacy notice explains how, why and for how long John Campbell SC KC will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If John has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean John can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with John
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.