Dan Tench

Practice Areas

Dan Tench is a litigator with particular expertise in judicial review, competition law, media law (including data protection, privacy and defamation) and sports law, undertaking many leading cases in all these areas (see under the “Experience” tab).

Dan has advised bringing and defending major judicial reviews and other administrative law challenges and on competition litigation cases. Many of his public law matters have involved issues of significant political controversy and he has exceptional experience in aligning an approach to litigation with broader political and media concerns. He has prepared senior individuals for appearances before (and attended with them at) Parliamentary Select Committees.

Dan has also substantial experience in advising claimants and defendants in defamation, privacy and other media litigation matters including general reputation management matters, securing injunctions and judgments in leading edge internet cases as well as bringing and defending claims for and against all types of traditional media. He has been involved in responding to many significant data security breach situations with a targeted strategy to minimise the damage, potential liability and disruption caused to the client. He acted for the claimants in the leading data protection case of Vidal-Hall & Ors v Google.

Dan has regularly written for and appeared on the national media including The Guardian, The Times, BBC and Channel 4 News. He also co-founded the Supreme Court Blog launched as a joint venture between Matrix Chambers and legacy firm Olswang.

Work Highlights

The Claimants in the judicial review of the UK Government’s proposals to apply betting and gaming duty to offshore gambling operators. The case resulted in a reference to the European Court of the European Union on issues which will determine the validity of the taxation legislation.

The UK Music industry successfully challenging the lawfulness of legislation to allow for the private copying of content without compensation to rightholders.

Tottenham Hotspur Football Club on its successful judicial review brought in respect of the Olympic Stadium

British Horseracing Authority on a judicial review of the Horseracing Betting Levy Board regarding the liability of betting exchanges to pay horseracing betting levy.

Three telecoms operators in their successful defence (as regards substance) and challenge (as regards interest) of a decision of Ofcom in relation to ethernet charges.

The Post Office in respect of its programme for selecting and closing sub post offices at part of its Network Change Programme, providing public law advice in respect of the Programme and defending on behalf of the Post Office six separate challenges by way of judicial review, all of which were defeated.

Wimbledon Football Club on its successful review of the refusal of the Football League to grant permission to relocate to Milton Keynes, one of the most significant sports law administrative challenges.

Ingenious Media on judicial review of HMRC in relation the decision of its Permanent Secretary to make disparaging disclosures regarding the Chief Executive of Ingenious Media to journalists (a case which is now going to the Supreme Court).

The Claimants in the leading data protection case of Vidal-Hall & Ors v Google.

News International in respect of a variety of matters concerning allegations of voicemail interception including accompanying Rupert and James Murdoch at their attendance before the Culture Media and Sport Select Committee in July 2011 and acting for News Group Newspapers on numerous claims for voicemail interception brought against the News of the World.

English PEN, Article 19 and Index on Censorship as interested parties in the Supreme Court resisting an injunction imposed to prevent the publication of an autobiographical book.

Education