The Chambers Chronicles
David Sherborne: The Barrister Behind the Headlines
Krishan Sharma
Commercial Law Editor
Monday, 1st July 2024
In an exclusive interview over dinner and post-event drinks at the Durham Union, David Sherborne shared the journey of his illustrious career, his top tips for achieving success at the bar, and insights on his high-profile clients. From his early aspirations of becoming a footballer and a boy band member, Sherborne's journey to becoming the “star individual” in media and privacy law, as recognised by Chambers and Partners, is both inspiring and instructive.
Sherborne says he was always drawn to a career at the bar. Initially interested in criminal law, partly inspired by his father, Montague Sherborne, a leading silk in the Krays Trial, he quickly realised the grim reality of the field. It feels as though often "Everyone is just guilty," he reflects with a touch of humour. Sherborne quickly realised that success in the legal field required more than just knowledge and expertise; it demanded a love for advocacy and the thrill of chasing a win.
During our interview, I had one burning question: how had Sherborne achieved such a monopoly on media and privacy law and won cases for the most high-profile celebrities and royalty? Sherborne modestly attributed his rise to stardom to a combination of hard work, luck, and being in the right place at the right time. A pivotal aspect of his career was the power of building relationships. Although many clients now approach him directly due to his reputation, Sherborne emphasises the crucial role of building sound relationships with clerks and solicitors as they played a pivotal role in his early career and how they are responsible for one’s work at the bar. His success is also rooted in his approach to cases—being passionate about and genuinely enjoying his work. He believes in having a deep understanding and empathy for clients. "You must find something in their case that relates to you," he advises. These principles are Sherborne’s top tips for winning a case.
One of Sherborne’s most notable cases was his involvement in the Leveson Inquiry, which investigated the practices of the press and their unlawful actions, such as phone hacking. This case involved high-profile figures like Hugh Grant and Sienna Miller. In addition, the Vardy v Rooney trial was another significant highlight of Sherborne’s career. Coleen Rooney, described by Sherborne as a model client, conducted her own investigation, leading to a dramatic courtroom showdown. Cross-examining Rebekah Vardy was, in Sherborne’s words, "a dream come true." He recounts the golden rules of cross-examination: never ask a question you don’t know the answer to and refrain from commenting. He admits breaking both rules during the trial but only faced a challenge once when he quipped, "Is that really your best answer?" after mixing up the two names. Sherborne had "days of fun" with the cross-examination and viewed it as a massive privilege to be represented both on stage and TV.
When questioned about whether celebrities should have the same level of privacy as everyone else, Sherborne passionately defended his clients' rights. He referenced the Michael Douglas case against Hello! magazine, where an injunction was placed on OK! Magazine for publishing unauthorised wedding photos. Sherborne argues that on their wedding day, the couple should have personal control over private moments, akin to how the public shares select holiday photos. Thus, if the public is allowed to filter content and maintain privacy, so should celebrities. In this way, Sherborne’s stance on celebrities’ right to privacy argument is once very much grounded in his client’s rights to have the same levels of privacy as the public.
Sherborne has strong views on the current state of the legal system, particularly the loss of juries in libel cases. He laments this change, preferring the equity and engagement of a jury. "There is nothing like performing for a jury," he says, showing his love for the courtroom's theatrical aspect. He believes a jury might have influenced the outcome of the Johnny Depp case differently, as it did in the US. Despite his disdain for the traditional wigs and gowns of British courts, Sherborne acknowledges that barristers are, at their core, performers in the theatre of law. He would like a legal system that embraces more elements akin to American courts, believing that barristers, while not actors, should embrace their roles as performers to engage and persuade more effectively.
David Sherborne's journey to becoming a leading barrister in media and privacy law showcases the blend of passion, resilience, and strategy required to succeed in the legal world. His experiences, from the Leveson Inquiry to the Vardy v Rooney trial, offer invaluable insights into the art of advocacy. Sherborne’s story is not just one of personal success but also a reflection on the evolving nature of law and the enduring importance of justice and privacy.
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