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David Evans - trainee solicitor  


“My seat coincided with the final stage of the complaints process. My main role was to analyse the underlying evidence, a huge amount of material which had to be reviewed meticulously and which we could use in our submissions to the BBC Trust. I also got the opportunity to attend meetings with the client and counsel, which were very interesting.”
David Evans - trainee solicitor 
Reputation defended

Reputation defended

Client: Associated British Foods plc/Primark
Lead practice area: Dispute resolution
Value: Extensive reputational damage remedied

In June 2011, Primark was successful in its regulatory complaint to the BBC regarding allegations of child labour in its supply chain made by the BBC’s Panorama programme “Primark: On the Rack”, broadcast in June 2008.

Footage in the programme of three young boys alleged to be making clothes for Primark in a backstreet workshop was found by the BBC Trust to have been faked by the freelance journalist who obtained the footage.

The BBC Trust’s finding followed the rejection of Primark’s complaint at earlier stages of the BBC complaints process, even after the company submitted a substantial quantity of fresh evidence in 2009 that gave rise to further grave concern over the authenticity of the footage.

The BBC Trust’s Editorial Standards Committee (ESC) found that the Bangalore footage was not authentic and that there had been a serious breach of the accuracy and fairness editorial guidelines. There was also a breach of the accountability guideline.

Serious sanctions were imposed on the BBC Executive, including an apology broadcast on BBC One. The BBC Executive handed back the Royal Television Society Award which was given to the programme in 2009 and the serious issues raised are to be taken account of in the future.

This was an important case for Primark. Herbert Smith’s dispute resolution team was instructed from the outset, offered strategic advice and guidance throughout the process and pursued the matter on Primark’s behalf in the face of continued resistance from the BBC.