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Areas of Experience

- Commercial Litigation - Judicial Review - Arbitration - Civil Fraud - Company and Partnership - Privacy, Media and IP - Regulatory - Defamation - Data Protection - Procurement

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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.

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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companies in defamation actions brought against them by the previous State President of South Africa (the matter was withdrawn before trial); and for the publisher of a biography of a prominent member of Parliament critical of the government’s then AIDS policy, for revealing the HIV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.

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