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Jane Phillips
Call: 1989

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Aidan EardleyAidan Eardley

Email: ae@onebrickcourt.com

Call: 2002

SPECIALISATION

  • Defamation and other claims involving the publication of false information
  • Privacy laws and breach of confidence
  • Media reporting restrictions and contempt
  • Information Law
  • Human Rights

Aidan has a broad practice encompassing all aspects of media and information law.  His clients have included national newspapers, broadcasters, magazines and book publishers, MPs, celebrities, trade unions, police officers, local authorities, website operators, regulatory bodies and large and small companies.  His work includes appearances in the Information Tribunal, harassment and Data Protection Act Claims, issues under the Copyright Designs and Patents Act 1988 and some media-related contract law.

RECOMMENDATIONS

Recommended as a leading junior in The Legal 500 2009/10 (defamation and privacy) and in Chambers and Partners 2010 (defamation/privacy)

Aidan Eardley is another firm favourite with instructing solicitors, who agree that he is "a rising star in the privacy and defamation field as he is incredibly user-friendly, an excellent pleader, and he gets things down beautifully in writing." Chambers and Partners 2010

Freedom of information expert Aidan Eardley‘ produces excellent paperwork’ The Legal 500 2008/9

“Others to garner market approval include the “phenomenally bright”Aidan Eardley whose “incredible brain masters the technical aspects of libel work with ease” Chambers and Partners 2008

“a ‘rising star’ who is recommended for freedom of information matters” Legal 500 2007/8

“a quiet but formidable intellect” Chambers and Partners 2007

ACADEMIC AND PROFESSIONAL QUALIFICATIONS

B.A. (Hons) (First Class) French and Philosophy, Merton College, Oxford

Distinction, CPE (postgraduate law diploma) City University, London

Outstanding, BVC (Bar Vocational Course) Inns of Court School of Law

Awarded Scarman Prize (for 2nd highest BVC results at ICSL, 2002), Student of the Year award and Buchanan Prize (for highest BVC results at Lincoln’s Inn, 2002), Denning Scholarship (Lincoln’s Inn, 2001), Hardwicke Entrance Scholarship (Lincoln’s inn, 2000)

Pupil at One Brick Court 2002-3

Tenant at One Brick Court from 2003 

REPRESENTATIVE CASES OF INTEREST

Defamation

  • Khader v Aziz (2010) - for 2nd defendant at first instance and in Court of Appeal. Application for summary judgment/strike out of libel claim.
  • Timtchenko v The Economist Newspaper Ltd (2009) - for defendant (with Andrew Caldecott QC), settled.
  • Monks v Warwick DC (2009) – for defendant.  Application to strike out parts of the Claimant’s pleadings.
  • Rath v Guardian News & Media Ltd ((2008) - for defendants (with Andrew Caldecott QC), discontinued by claimant.
  • Keating v Large (2008) -  for claimant. Libel claim including trial on damages.
  • Kumar v Bhaj (2008) -  for defendants. Strike out application (abuse of process) in libel claim.
  • Phillips v Lee (2008) – for defendants. Strike out/summary judgment application (absolute & qualified privilege; malice).
  • Hidajat v Chadwick (2008) – for claimants. Libel claim including summary disposal.
  • Samrai v Mehmi (2008) – for defendant. 4-day jury trial in slander claim.
  • Duncan v Goodman (2007) – for claimant. Trial on damages for slander.
  • Allen v BBC (2007) - for claimant. Norwich Pharmacal application against website operator.
  • Sheffield Wednesday FC Ltd & Ors v Hargreaves (2007) - for claimants. Norwich Pharmacal application against website operator.
  • Berezovsky v Fridman (2006) - Junior counsel for defendants (with Thomas Shields QC) in jury trial.
  • Lynam v Associated Newspapers Ltd (2006) - for prospective defendant. Resisting pre-action disclosure application.
  • Jones v Carlton Television Ltd (2006) – for defendant. Strike out application.
  • Polanski v The Conde Nast Publications Ltd [2005] 1 WLR 637 – 2nd junior counsel for defendant in House of Lords (with David Pannick QC and Manuel Barca) – decision on claimant’s right to give evidence from abroad by video link.
  • Wood v CC West Midlands Police [2004] EMLR 20 – 2nd junior counsel for defendant in Court of Appeal (with Edward Garnier QC and Richard Perks) – appeal on qualified privilege and addition of slander claim out of time.
  • Oliver v CC Northumbria Police (2004) – junior counsel for claimant (with Ronald Thwaites QC and Stephen Suttle QC) in trial by judge alone.
Privacy/Confidence
  • Gora v Gora (2010) - for claimant. Claim concerning alleged secret recording of telephone conversations. Settled at trial with payment of damages and costs.
  • Lord Browne of Madingley v Associated Newspapers Ltd [2007] 3 WLR 289 - junior counsel for defendant in High Court (with Victoria Sharp QC) and Court of Appeal (with Victoria Sharp QC and Catrin Evans). Injunction application.
  • Green Corns Ltd v Claverley Group Ltd [2005] EMLR 31 – junior counsel for defendants (with Andrew Caldecott QC). Injunction application.
Contempt/Reporting Restrictions
  • R v Gunn & Breslin (2006) – appearance in Crown Court on behalf of magazine editor alleged to be in breach of reporting restriction.
  • Re Marie Turner (2006) – appearance on behalf of Bristol Evening Post to challenge reporting restrictions imposed at an inquest.
Freedom of Information
  • HEFCE v Information Commissioner & Guardian News and Media Ltd (2010) – counsel for additional party in Information Tribunal appeal.
  • Ministry of Defence v Information Commissioner & Rob Evans (2007) – counsel for additional party (a Guardian journalist) in Information Tribunal appeal.
  • Guardian Newspapers Ltd v Information Commissioner & CC Avon and Somerset Police (2007) - counsel for appellant in Information Tribunal appeal.
Human Rights
  • Ashley v CC Sussex Police [2008] 2 WLR 975. Junior counsel for intervener in House of Lords (with Stephen Suttle QC). Appeal as to whether continuation of assault claim against police force in respect of a fatal shooting was an abuse of process and/or infringed the article 6 rights of the officer who fired the shot, who had been acquitted of murder and manslaughter.
Harassment
  • Zarpellon v Derby Daily Telegraph Ltd (2005) – for defendant. Strike out/summary judgment application.
Negligent Misstatement
  • Stockwell v Times Newspapers Ltd (2004) – for defendant. County Court trial.
Contract
  • Palmer-Tomkinson v M&M Management (2008)- for claimant. Breach of contract & fiduciary duty claim by celebrity against former management.
  • Onwudiwe v Associated Newspapers Ltd (2006) - for defendant. Strike out/summary judgment application for defendant in a claim brought over a readers’ offer in the Daily Mail.

PUBLICATIONS AND SEMINARS

Co-Author Duncan & Neill on Defamation, 3rd Edition –  October 2009

Articles on media law in The Times, Entertainment Law Review, New Law Journal, Workplace Law and others.

Seminars on privacy for Associated Newspapers and on international libel at the One Brick Court Conference 2006.

       

OTHER INFORMATION

While training, Aidan represented claimants in Social Security and Employment Tribunals on behalf of the Free Representation Unit

Speaks good French

Member of Lawyers for Liberty and the Human Rights Lawyers Association

INTERESTS

Classical music, theatre, cinema, reading, travel