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Kate Wilson
Call: 2005

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Barristers

Catrin Evans

Email: ce@onebrickcourt.com

Call: 1994

SPECIALISATION

Defamation
Privacy and Breach of Confidence
Media Injunctions
Contempt of Court
Reporting Restrictions
Protection of Sources/production orders
Freedom of Information
Data Protection
Harassment
Malicious Falsehood/Trade libel
Media-related Judicial Review
Human Rights Law, particularly articles 8 and 10 of the ECHR
Obscenity laws & Censorship

Catrin Evans has a wide-ranging practice in the higher courts within the media and information law fields. In addition to defamation and all claims involving false or damaging publications she has particular experience of privacy laws, including urgent injunction applications against the media, breaches of article 8 ECHR, harassment and trespass. As well as dealing with media reporting restrictions and related matters she appears in the Divisional Court on committal applications and other contempt related matters and in freedom of information and data protection appeals to the Information Tribunal.

RECOMMENDATIONS AND AWARDS/NOMINATIONS

Catrin was awarded Defamation/Privacy Junior of the Year at the Chambers and Partners Bar Awards 2008.

She was described by Chambers and Partners as having “seemingly no detractors; all who encounter her admire the fact that ‘she never makes bad points in hearings, is never over the top, always comes across as calm and assured and is adored by clients’. It is no coincidence that she has been chosen to work on some extremely important cases”.

Catrin was also nominated in the Chambers & Partners Awards as Junior of the Year in Defamation/Privacy category in 2009 and previously in 2006.

Catrin is recommended as a leading junior in Defamation/Privacy in Chambers and Partners 2010 and the Legal 500 2009/10 and also in Media, Entertainment and Sport in the Legal 500 2009/10.

Among the epithets Catrin is said to have “an enviable reputation and is highly respected by claimants and defendants alike"; she possesses "an excellent ability to focus on the key issues in her cases," (Chambers and Partners 2010); is “tenacious and personable” and “sound and gifted as a lawyer” (Legal 500 2009/10); “extremely impressive”, “a good team player who is top-notch when it comes to privacy and human rights law” (Chambers and Partners 2009); “a fantastic all-rounder”, considered “tough, bright and articulate” (Legal 500 2008/9); “phenomenally clever” (Chambers and Partners 2008); a “very calm and impressive advocate, tough and judge friendly”; and “active in acting for newspapers, broadcasters and publishers in relation to matters including reporting restrictions” (Legal 500 2007/8).

ACADEMIC AND PROFESSIONAL QUALIFICATIONS

BA (Hons) (First Class), English Literature, University of Essex
Common Professional Examination (postgraduate law diploma), South Bank University, London
Inns of Court School of Law, London
Pupillage – 1994-95: 1 Brick Court (media) & 1 Middle
Temple Lane, Chambers of Dines & Trolloppe QC (crime)
1995- Tenant - 1 Brick Court

REPRESENTATIVE CASES OF INTEREST

Defamation

Metropolitan International Schools Ltd v Designtechnica Corp and Google Inc [2009] EMLR 27 – Junior counsel for Google Inc in important ruling that Google is not a publisher at common law in respect of search results generated by its search engine.
Bray v Deutsche Bank AG [2009] EWHC 1356 (QB) and [2008] EMLR 12 – For defendant bank with Andrew Caldecott QC in case about a press release and rulings on summary judgment applications in relation to qualified privilege and malice.
Lord Stevens v Sunday Life and Lord Stevens v Sunday World (2008-) – Junior counsel for 20 claimants in ongoing libel claims in the Northern Ireland High Court against 2 newspapers over allegations arising from the Lord Stevens Inquiry into the murder of Patrick Finucane.
Bond v BBC [2009] EWHC 539 (QB) – For BBC with Andrew Caldecott QC in preliminary trial of meaning by judge alone in respect of a programme about allegations of ‘bung’ taking into football.
Tesco Stores (UK) Ltd v Guardian News & Media Ltd (2009) EMLR 5 – for the Guardian newspaper, led by Andrew Caldecott QC, in important offer of amends case.
Sharma v Singh & Anr [2007] EWHC 2988 (QB) – for the Evening Standard newspaper on an application on defamatory meaning and the repetition rule.
Allen v BBC (2007) – for the BBC in Norwich Pharmacal application for disclosure of identities of users of a BBC website.
McKay v Express Newspapers (2007) – for Express in claim by football agent about the Lord Stephens inquiry into corruption in football.
Turkot v Oxus Gold [2006] EWHC 3361 (QB) – question as to whether a foreign company has sufficient reputation to sue in England was suitable for preliminary issue (with Andrew Caldecott QC).
David Blunkett MP v Times Newspapers Ltd (2006) – For the Times newspaper, led by Richard Rampton QC, in a Reynolds privilege case.
Paul McKenna v MGN Ltd [2006] EWCH 1996 (QB) – Junior for the Mirror newspaper in a case brought by the well known hypnotist in which the justification defence failed at a trial by judge alone.
Sir Elton John v Associated Newspapers Ltd (2006) – For the Daily Mail in an offer of amends case.
Kieren Fallon v MGN Ltd [2006] EWHC 783 (QB) – For the Racing Post, led by Richard Hartley QC, in a claim (now stayed) about race fixing allegations.
Henry v BBC [2006] EWCH 386 (QB) – junior for BBC led by Andrew Caldecott QC in successful trial of justification defence against CFA claimant.
Henry v BBC [2006] 1 All ER 154 – for BBC (see above) in important case on CFAs and costs capping procedure.
Henry v BBC [2005] EWCH 2787 (QB) – for BBC (see above) in unsuccessful trial of Reynolds and other qualified privilege defences.
Greene v Associated Newspapers Ltd [2005] (QB) 972 for defendant in important decision on libel injunctions and the Human Rights Act, at first instance and, with Andrew Caldecott QC, in Court of Appeal.
Christine and Neil Hamilton v Max Clifford [2004] EWHC 1542 (QB) – for defendant in libel claim, led by Patrick Moloney QC.
Jameel v Wall Street Journal Europe [2003] EWCA Civ 1694 (CA, 26 Nov) and [2003] All ER (D) 105 (Oct), QB - junior for defendant - decisions on meaning and Reynolds privilege.
Komarek v Ramco plc [2002] – libel – junior for defendants successful at trial, (2002) ALL ER (D) 314 (NOV): interim decisions on QP/malice and conflict of laws.
Gregson v Channel 4 Television [2002] EWCA Civ 941 – junior for claimant at trial and in Court of Appeal on the application of Reynolds privilege to issue of mode of trial.
Sir Alan Sugar v Associated Newspapers Ltd [Feb 2001]: junior for claimant, chairman of Tottenham Football Club, in successful libel trial with jury award of £100,000. And, 6 Feb 2001, QBD, in first English application of new test for malice in fair comment defence.
Gregson v Channel 4 Television, Times 11.8.2000, CA: libel – junior for successful police claimant in a case of mistake on claim form after expiry of limitation period.
Taylor -v- Director of the Serious Fraud Office & ors [1999] 2 AC 177, HL: libel and slander – junior for the SFO and the Law Society in case in the Court of Appeal and House of Lords establishing immunity from suit for police investigators.

Privacy/breach of confidence/data protection/harassment

Sugar v News Group Newspapers Ltd (2009) – For Sir Alan Sugar with Andrew Caldecott QC against The Sun newspaper and its editor in claim in privacy, confidence, malicious interference with Article 2 of the European Convention (the right to life) and data protection.
Lily Allen v Big Pictures (2009) – For Big Pictures picture agency in harassment/privacy injunction application.
Lord Browne v Associated Newspapers Ltd [2008] QB 103 – for defendant with Victoria Sharp QC and Aidan Eardley in successful resistance of privacy injunction appeal by the chairman of BP.
Weber v Times Newspapers Ltd (2007) – for the Times newspaper in successful resistance of privacy injunction sought by witness in the libel trial of Sir Martin Sorrell.
A v B [2005] EWCH 1651 (QB) – for magazine led by Andrew Caldecott QC in successful resistance of interim injunction application.
Cream Holdings v Banerjee [2005] 1 AC 253 – breach of confidence: junior for defendants in important House of Lords decision for freedom of expression under HRA.
Lord Coe v Associated Newspapers Ltd (2004) – for defendant in successful resistance of urgent application for interim privacy injunction.
Naomi Campbell v MGN Ltd [2004] 2 AC 457 – junior to Andrew Caldecott QC for the claimant in landmark House of Lords decision on privacy.
Cream Holdings v Banerjee [2003] Ch. 650 – for defendants, led by Victoria Sharp QC, in Court of Appeal decision on confidence injunctions and HRA.
Amanda Holden v Express Newspapers plc (2001): for celebrity claimants awarded substantial damages in settlement in personal privacy and Data Protection Act claim over paparazzi photographs.
Victoria and David Beckham v Niblett & Michael O’Mara Books Ltd (2000): acted for Beckhams’ chauffeur/publisher’s source in breach of confidence injunction claim.
British Biotech plc v Dr Andrew Millar (1999): City cause celebre “whistleblower” case- junior in successful defence of breach of confidence/contract claim and counterclaim in libel and wrongful dismissal.
Duchess of York -v- Starkie & Michael O’Mara Books Ltd
(September 1996): junior for publishers in successful resistance of breach of confidence injunction.

Media reporting restrictions, contempt of court and committals

Attorney-General v Random House Group Ltd [2009] EWHC 1727 (QB) – For Random House in contempt injunction proceedings in relation to a published book deemed to pose a substantial risk to the course of justice in an ongoing terrorist trial.
Attorney General v Smith (2008) EWHC 250 (Admin) – Acted for the Attorney in RSC Order 52 committal proceedings in Divisional Court; respondent received 3 month custodial sentence for interfering with the administration of justice by impersonating a litigant in the county court.
Haw & Tucker v City of Westminster Magistrates Court [2008] QB 888 – Acted for City of Westminster Magistrates Court in a case in the Divisional Court which determined the correct statutory route for appeals from committals for contempt in the magistrates court.
R v Hamer (2006) – (Manchester Crown Court) For media organisations in successful application to lift section 39 reporting restriction in relation to juvenile convicted of murdering a fellow pupil.
AG V Pelling [2005] EWCH 414 (Admin) – for Attorney General in committal proceedings led by Andrew Caldecott QC.
AG v Express Newspapers (2004) – for defendant, led by Andrew Caldecott QC, in prosecution under Contempt of Court Act.
The Clywch Inquiry (2003) - for BBC in successful application to the Children´s Commissioner for Wales to lift reporting restrictions in child abuse inquiry.
R v Great Grimsby Crown Court, ex parte Littlewood, Court of Appeal (Criminal Division), (2002) ALL ER (D) 328 (Feb): acted for successful newspaper when Court of Appeal upheld Crown Court refusal to grant anonymity order to defendant accused of sex offences in children’s homes. Also acted for the newspaper in the Divisional Court in the defendant’s unsuccessful application for permission to bring judicial review of Crown Court decision.

Freedom of Information

Department for Culture Media & Sport v Information Commissioner [2008] UKIT EA 2007/0090 – for DCMS (with Jonathan Swift) in successful appeal from the IC’s decision to order disclosure of information engaging the exemptions in s35(1)(a) and (b) of FOIA (ministerial communications and minister/civil servant communications).
Tanner v Information Commissioner [2008] UKIT EA 2007/0106 – for HM Revenue & Customs in successful application of summary disposal procedure under the Information Tribunal (Enforcement Appeals) Rules 2005. First specific guidance from the Tribunal on this procedure.
McIntyre v Information Commissioner and Ministry of Defence (2008) – Acted for the additional party in FOIA appeal to the Information Tribunal in relation to the exemption in section 36(2).
Meunier v Information Commissioner and National Savings and Investments [2007] UKIT EA 2006 0059 – For additional party in FOIA appeal to the Information Tribunal on the exemption in section 44.

Miscellaneous

Weir v Department of Transport (Railtrack shareholder trial) (2005) – for respondent Office for National Statistics in successful resistance of application brought by class action claimants for documents relating to allegations of malice against Stephen Byers (former Secretary of State for Transport).
Rupert Allason v Random House UK Ltd [2003] All ER (D) 328 (Oct), Ch.D -copyright - freezing injunction - for defendant in successful application for release from an undertaking so as to rely on documents for an application outside the jurisdiction.
Blue Underground v British Board of Film Classification, 2002 – junior for the Board in successful resistance of appeal to Video Appeals Committee over classification of a sexually violent video.

PUBLICATIONS AND SEMINARS

“Freedom of Information Act – How It Operates and Early Lessons”, “Privacy after Naomi Campbell”, “Reporting Restrictions – New Legislation”, “Reynolds/Al Fagih and the Repetition Rule in Libel”, “Data Protection and Privacy Laws for Media Defendants”, “Privacy Rights in the Work Place”, “The Offence in Section 55 of the Data Protection Act –Unlawful Obtaining of Personal Data”.

Author of the 2002 Issue of Atkin’s Court Forms (Butterworths) title on Confidence, Privacy and Data Protection and co-author with Sarah Palin of the 2006 issue (with comprehensive text and precedents on breach of confidence, privacy, the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).