Who? Gaelyn Fuhrmann, legal director, Wiggin.
Why is she in the news? Successfully represented the Guardian in a libel challenge brought by actor Noel Clarke concerning allegations of sexual misconduct published by the newspaper.
Thoughts on the case: ‘The challenges of securing witness evidence of sexual impropriety all the way to trial, whether in civil or criminal proceedings, are well documented. This case, in bringing the evidence of 29 witnesses to a “truth” defence to trial, represents a growing confidence of complainants to give evidence. We have seen the court use its procedural powers to facilitate the passage to trial of a large cohort of non-party witnesses to intensely private and sensitive matters. These have included interim anonymity orders granted in the early stages of the case; the refusal to adjourn the trial at a late stage for risk of prejudice to witness evidence; the granting of reporting restrictions and special measures; the striking out of inadmissible witness evidence of an irrelevant and prejudicial nature before cross-examination; and the careful weighing of corroborative evidence of hearsay statements.
‘The judgment also represents a rare but emphatic success in a public interest defence by a major publisher. This is, of course, testament to the quality of the underlying investigation and the responsible reporting of its findings. Publishers may take note of the value of the substantial public interest memoranda and investigative records in evidence.’
Dealing with the media: ‘A huge amount of work was done to protect the identity of confidential journalistic sources consistent with the ethical responsibilities of the reporters, as well as supporting witnesses through the proceedings with interim anonymity orders and reporting restrictions. This involved voluminous and complex redactions at various stages, not least of trial documents to facilitate media coverage. Our team was in touch with the press throughout the trial to support their prompt reporting in adherence to the orders.’
Why become a lawyer? ‘Only years later have I realised that my (relative) calm in the face of a dispute is a giveaway trait of a litigator and is valuable to those we try to help.’
Career high: ‘I was humbled and hugely impressed by the courage of the witnesses in this case. Many of them had been involved from the start in 2022 and had endured life’s ups and downs alongside it. The evidence they gave was careful and eloquent.’
Career low: ‘Litigators choose to enter the fray, so we should try not to complain. An otherwise surmountable problem can feel like a low if it lands at the wrong time.’
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