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Rupert Earle
Partner
Qualification and experience
• Cambridge University BA History 1982
• Admitted Solicitor 1988
• Solicitor and partner, Theodore Goddard and Addleshaw Goddard 1988 – 2007
• Partner, Bates Wells & Braithwaite, 2007
• Over 20 years specialising in media, public/regulatory, advertising and consumer law, contentious and non-contentious
Areas of expertise
• Defamation and privacy: acting for media organisations and campaigning groups, for regulators and trade associations seeking to publish their decisions, and for business and individuals whose rights are infringed, including applying for injunctions and conducting complaints under PCC and Ofcom codes. Cases include Ashcroft v. Times Newspapers, Chohan v. Oxford University Press, Sovcomflot v. Lloyds Fairplay, Hardcash Productions v. Crown Prosecution Service, Prince Turki v. Hachette Filipacchi. Also several disclosure actions to identify anonymous postings and false profiles on social media (e.g. against Facebook, Twitter, Microsoft, Yahoo, BT), including Takenaka v. Frankl, the first anonymous email libel tracing case to reach trial.
• Freedom of information and data protection: cases include acting for publishers and investigation agencies in subject access litigation and Information Commissioner investigations; acting for Jonathan Ungoed-Thomas, The Sunday Times journalist, in the Information Tribunal and High Court action to obtain disclosure of details of MPs’ expense claims, and for Dominic Kennedy, The Times journalist, up to the Court of Appeal in relation to access to Charity Commission statutory inquiry information.
• Public and regulatory law issues, including advising on regulatory codes and procedures and judicial review challenges. Cases include acting for the Advertising Standards Authority in numerous judicial reviews; challenging Transport for London’s ban on advertising for North Cyprus, challenging Ofcom's procurement process for the telephone preference service; advising on UK airport slot allocation issues; and advising broadcasters in Ofcom investigations concerning compliance with the Ofcom Broadcasting Code.
• Trading and marketing law: advising producers, wholesalers and retailers on trading law issues, including advertising, image rights, lotteries, labelling, safety, counterfeiting and unfair commercial practices; and defending Trading Standards prosecutions. Trade sectors include home furnishings, jewellery, telecoms, airlines, hotels, electronic products, foods.
Publications and talks
• Co-editor and author, Crown, Bray and Earle, Advertising Law & Regulation, Bloomsbury Professional 2010
• Contributing author, Institute of Practitioners in Advertising’s guide to advertising law, Ad Law, 2008
• Radio and TV appearances on adverting and libel law issues, numerous press and journal articles
• Lecturing for Hawksmere, Lexis Nexis Butterworths
Memberships
• Administrative Law Bar Association
• Advertising Law Group
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Recommendations
Chambers UK 2012
"Star practitioner Rupert Earle is universally lauded as 'a truly excellent lawyer; he is consistently pragmatic, sensible and clear.' Clients also appreciate his decades of experience"
Chambers UK 2012
"easy to deal with and completely in command of his area of the law. He also has excellent judgement."
Chambers UK 2012
"The 'pragmatic and clear' Rupert Earle is praised for his impressive record"
Legal 500 2011
"outstanding...intelligent, sensible and consistent"
Chambers UK 2011
"knowledgeable, authoritative and instils confidence"
Chambers UK 2011
"bright, academically sound and incredibly practical"
Chambers UK 2011
" 'a complete expert in the advertising and marketing field,' and wins praise for his flexibility and dedication. Clients say that he is 'head and shoulders above anybody in this field, remaining up to date with new and breaking law.' "
Legal 500 2010
Rupert Earle has the leading regulatory practice in the sector.
Legal 500 2010
Department head Rupert Earle is described as ‘bright, thoughtful and strategic’.
Chambers UK 2010
"held in tremendously high regard by interviewees"
Chambers UK 2010
"in terms of expertise, he's right there at the top"
Chambers UK 2010
"noted for his 'experience and ability to deal with clients effectively'"
Legal 500 2009
"has a leading regulatory practice and is best known for advising regulators, the ASA and the Committee of Advertising Practice"
Legal 500 2009
"works for advertiser clients, who are 'delighted with the firm's knowledge, approachability and level of service'"
Legal 500 2009
"brings a wealth of experience to the practice...recommended for [his] 'overall grip of this area of the law'"
Chambers 2009
The “highly personable” Rupert Earle recently joined Bates Wells & Braithwaite and enjoys “a simply fabulous reputation”, having advised the ASA for years. He covers issues including copy clearance, data privacy and regulatory matters.
Chambers 2008
The "exceptionally clever" Rupert Earle is "the light at the end of the tunnel when we find ourselves in a tough situation," reported one client. According to interviewees he is a "true gentleman" and deals with the gamut of advertising and marketing law, including regulation, litigation and trading standards, as well as copy clearance and data protection.
Chambers 2007
“proactive and diligent”, “not afraid to stand his ground, exceptionally professional, no nonsense and practical to work with”
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