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MEDIA LAW
Romana specialises in all aspects of media and entertainment law (including: defamation, copyright, intellectual property, privacy and data protection). For over two decades, she has regularly advised newspapers and broadcasters (including ITN, the BBC, Channel 5, Associated Newspapers Limited, Independent Print Limited, The Telegraph Group, Times Newspapers and News Group Newspapers) on pre-publication and pre-broadcast law and compliance. She also regularly advises the Press Association, the UK’s major national news agency.
Between 2006 and 2016 Romana worked as an in-house legal adviser at The Independent. In that capacity she defended libel, privacy and copyright claims (later, when the group acquired the paper, she also became a legal adviser to the Evening Standard).
Since returning to private practice in 2018, Romana was co-instructed by the Media Lawyers Association to intervene in the two leading cases heard by the Supreme Court since the Defamation Act 2013 came into force: both interventions successfully saw off challenges to the scope of the Act. The first case, [Lachaux] established that a claimant must demonstrate on the facts that ‘serious harm’ has been caused – or is likely to be caused – to their reputation by the publication of a defamatory statement. The second [Serafin] established the flexibility of a new statutory defence available to those making a defamatory statement in the public interest.
Romana has defended numerous copyright claims against publishers from photographers and claimants’ solicitors and/or agents. Whether litigating or negotiating, she adopts a practical and costs-driven approach, informed by her extensive experience and an accurate assessment of the market value of the material in question.
She has successfully defended copyright claims in the Intellectual Property Enterprise Court. She also advises on trademark and passing-off matters.
Romana regularly provides detailed pre-publication advice to authors, major book publishing groups, and the writers and producers of podcasts, on matters ranging from privacy and GDPR compliance to fair-dealing and the permissible use of copyrighted material.
In addition to the increasing overlap of privacy/defamation and data protection law, Romana is well versed in regulatory issues affecting both the broadcast and print media, and has extensive experience in handling IPSO (formerly PCC) adjudications for Independent Print Limited, The Telegraph Group and Associated Newspapers.
Over the years she has built up considerable experience advising on – and where necessary – challenging the many other varieties of reporting restriction which affect media coverage of the criminal and family courts, army disciplinary proceedings and employment proceedings.
She has also handled contempt of court issues, as well as other practical obstacles affecting journalism, such as production orders.
EMPLOYMENT LAW
Romana is an experienced advocate in the Employment Tribunal, and regularly acts for claimants and respondents. She specialises in discrimination cases, and has won significant awards for her claimant clients. She has also effectively represented respondents at Tribunal hearings. She is regularly instructed on multi-day hearings involving complex discrimination, unfair constructive or actual dismissal and issues involving trade union detriment or other forms of victimisation. She has successfully resisted proposed anonymity orders sought by the respondents in a sexual harassment claim.
PUBLIC LAW
Romana was instructed by residents seeking judicial [statutory] review of a local authority’s decision to extend a controlled parking zone to their area.
OTHER CIVIL MATTERS
Romana is experienced in drafting and advising on contractual and commercial issues, with particular expertise in matters – contentious or otherwise – relating to film and television production.
TRANSPARENCY IN THE COURT OF PROTECTION
Romana successfully handled the leading case Independent News and Media v A [2010] EWCA Civ 343, [2010] 1 WLR 2262 in which the Court of Appeal upheld a landmark decision to allow media access to private court of protection hearings. That application was eventually joined by five other national news organisations, and was the first of several other successful consortium media applications for access to court of protection hearings. She was invited to contribute to the first edition of The Court of Protection Practitioners’ Handbook, and has spoken at seminars on the media and the court of protection, including at the COPPA conference.
LEGAL WRITING
Romana has written articles on legal matters published in the New Law Journal, The Times law pages, The Independent and the British Review of Journalism. She is a regular contributor to the New Law Journal.
A former television producer who brings a practical and commercial approach to her legal practice, Romana has worked in France, Spain and Italy and is fluent in those languages.
Romana accepts instructions in nearly all of Chambers’ advertised civil practice areas.
Rev Feb 21
