Media & Entertainment

The protection of confidential material, whether of a personal or commercial nature requires swift advice and action, especially if the material concerned relates to clients. The primary aim will always be to prevent the breach of the underlying obligation of confidence, by way of injunctive relief, if necessary, but where some breach cannot be prevented, those who have participated can be pursued to account for the profits they made or compensate for the damage they have caused.

The loss of a reputation can be devastating. It can blight a person’s life or ruin a business. Early expert intervention may prompt a publisher to hold back. If not, the intricacies of defamation law put specialist advice at a premium before proceedings are begun. There is a particular need to properly assess whether the publication has caused “serious harm” and whether there is a viable public interest defence, especially in claims made in respect of social media postings.

The relationships between performers and those entrusted by them with developing the opportunities and avoiding the risks that present themselves throughout a career are crucial. The proper framing of the relationship at the outset is vital to ensure clarity of the obligations and rights on either side, how these are to evolve over time and what duties survive termination. If differences arise it is no less important to have advice that recognises the context in which these agreements are made, performed and broken.

Balancing the rights of persons to privacy with the rights of the public to know matters in which there is a legitimate pubic interest is notoriously difficult. Whilst some cases will be relatively clear-cut, many will not. Making a judgment as to whether injunctive relief is likely (or whether seeking and failing to obtain such an order will simply increase the publicity) requires specialist experience.

The rights and duties of sports persons extend far beyond their performance arena. Ensuring that a proper balance is struck between the obligations accepted and the rewards provided requires a full understanding of the context within which a contract is being negotiated and then performed. Issues concerning the reputations of the performer, the team and sponsors raise complex and specialist issues which need a suitably experienced analysis.