Aidan took silk in 2022 after an exceptionally busy and varied career as a junior. The Legal 500 describes him as “a very technical, detailed silk” who has “encyclopaedic legal knowledge; clarity of thought and expression and is very thorough”. He has a broad practice encompassing all aspects of media and information law with particular expertise in data protection and contempt of court. His clients have included national newspapers and broadcasters, MPs, celebrities, trade unions, government departments, public authorities, social media operators, regulators and large and small companies. He has appeared in courts and tribunals at every level of seniority. His recent work includes the leading contempt of court case Attorney General v Crosland in the Supreme Court, and Mincione v Gedi Gruppo Editoriale SpA in the Court of Appeal, concerning the jurisdiction to grant an internet injunction against a foreign defendant in a libel claim.
As a junior Aidan served on the Attorney General’s ‘A’ Panel of counsel and on the Bar Standards Board’s Advisory Pool of Experts advising the BSB on data protection matters. He sits as a Deputy High Court Judge and a criminal Recorder.
Aidan is a co-author of Duncan & Neill on Defamation and a contributor to Arlidge, Eady & Smith on Contempt and Information Rights.
Recent cases of interest:
- R (The3Million) v SSHD [2023] EWCA Civ 1474: judicial review of the legality of the “immigration exemption” in the Data Protection Act 2018
- Attorney General v Crosland [2021] 4 WLR 103 & [2022] 1 WLR 267: counsel for the Attorney General in committal proceedings before Supreme Court concerning publication of embargoed judgment;
- True Vision Productions Ltd v Information Commissioner [2021] UKFTT 2019/0170: junior counsel for appellant in unique appeal against monetary penalty notice imposed on media organisation;
- Napag Trading Ltd v Gedi Gruppo Editoriale SpA [2021] EMLR 6: for 1st Defendant in successful jurisdiction challenge to libel claim;
- Barclay v Barclay (various decisions, 2020): junior counsel for defendants in high profile privacy/confidence/data protection claim concerning the bugging of the Ritz hotel;
- Attorney General v Yaxley-Lennon [2020] 3 All ER 477/[2019] ACD 101: junior counsel for the Attorney General in committal proceedings against “Tommy Robinson”;
- Sir Cliff Richard, OBE v BBC & Chief Constable of South Yorkshire Police [2019] Ch 169: junior counsel for the BBC throughout this high-profile privacy claim;
- Hemsworth (formerly ‘SWS’) v Department for Work and Pensions [2019] EMLR 2, [2019] EMLR 3: the first contested case concerning anonymised statements in open court in privacy actions;
- Butt v Secretary of State for the Home Department [2019] EMLR 23: libel – counsel for defendant/respondent in one of the first Court of Appeal decisions on the new defence of honest opinion.
Called
2002 Called to the Bar of England and Wales
2022 Silk
2020 Year of recorder
Education
Merton College, Oxford, BA (Hons) French and Philosophy (1st) - 1989-1993
Royal Academy of Music, DipRAM (postgraduate performer’s diploma) - 1993-1995
City University, London, Diploma in Law (distinction) - 2000-2001
Inns of Court School of Law, Bar Vocational Course (outstanding) - 2002-2003
Qualifications
Pupil, One Brick Court - 2002-2003
Barrister, One Brick Court - 2003-2019
Appointed Attorney General’s ‘B’ Panel - 2010
Appointed Fee-paid Judge, First-tier Tribunal (Social Entitlement Chamber) - 2013
Appointed Attorney General’s ‘A’ Panel - 2016
Appointed Recorder (Crime – Wales Circuit) - 2020
Areas of work
Data Protection and Information Law
Reporting the Courts and Contempt
Defamation and Malicious Falsehood
Harassment
Pre-publication Advice
Privacy and Confidence
Human Rights
Injunctive Relief
Testimonials
“Aidan has encyclopedic legal knowledge; clarity of thought and expression and is very thorough.” Legal 500 2024 (Defamation/Privacy)
“A very technical, detailed and thoughtful silk” Legal 500 2024 (Data Protection)
“Fantastic written work and attention to detail.” “He’s impressive, on top of everything, an effective advocate, knows law very well and his court persona is excellent.” Chambers and Partners 2022 (Data Protection)
“He is always commended by judges for the quality of his submissions.” “His advocacy is understated yet very effective.” “Aidan impresses with his clarity of thought and judgement.” Chambers and Partners 2022 (Defamation/Privacy)
“Exceptionally bright, but combines that with a first-class work ethic and the ability to provide decisive advice.” “Superb judgement and knowledge of the law.”
Chambers and Partners 2020 (Defamation/Privacy)
“Very level-headed and clear-thinking, good on paper and a really safe pair of hands.” “He’s been hugely responsive and very helpful, and he’s taken a pragmatic view.” Chambers and Partners 2020 (Data Protection)
“He has an exceptional brain combined with a first-class work ethic.” “An intelligent and authoritative barrister. He is very sensible and measured.” – Chambers and Partners 2019 (Defamation/Privacy)
“He always comes across as accessible, and his knowledge is fantastically detailed.”– Chambers and Partners 2019 (Data Protection)
“Very bright with impeccable attention to detail.” – The Legal 500 2018 (Defamation and Privacy)
“He is easy to work with, brilliant with clients and produces an excellent defence.” – The Legal 500 2018 (Data Protection)
“His judgement and authority when in court are absolutely superb. He is a highly respected advocate who is extremely precise in his paperwork.” – Chambers and Partners 2018 (Defamation/Privacy)
Languages
French (good). Some Spanish and German
Featured cases
Butt v Secretary of State for the Home Department
[2019] EWCA Civ 933 06/06/2019
Chandler v O’Connor
[2019] EWHC 3181 (QB) 22/12/2019
Bukovsky v CPS (CA)
[2017] EWCA Civ 1529 16/10/2017
Hemsworth (formerly 'SWS') v Department for Work and Pensions
[2018] EWHC 2282 (QB) 14/09/2018
Linklaters LLP & Linklaters Business Services v Mellish
[2019] EWHC 177 (QB) 05/02/2019
Sir Cliff Richard OBE v (1) The British Broadcasting Corporation (2) Chief Constable of South Yorkshire Police
[2017] EWHC 1291 (Ch) 26/05/2017
True Vision Productions Ltd v Information Commissioner
EA/2019/0170 12/02/2021
Napag Trading Ltd & Ors v GEDI Gruppo Editoriale S.p.A & Anor
[2020] EWHC 3034 (QB) 24/11/2020
All cases
Defamation and Malicious Falsehood
Napag Trading Ltd & Ors v GEDI Gruppo Editoriale S.p.A & Anor
[2020] EWHC 3034 (QB) 24/11/2020
Chandler v O’Connor
[2019] EWHC 3181 (QB) 22/12/2019
Butt v Secretary of State for the Home Department
[2019] EWCA Civ 933 06/06/2019
Butt v Secretary of State for the Home Department
[2017] EWHC 2619 (QB) 20/10/2017
Howell v South London Church Fund and Southwark Diocesan Board of Finance
[2017] EWHC 2156 17/07/2017
Cruddas v Calvert (CA)
[2015] EWCA Civ 171 19/03/2015
(1) Contostavlos (2) Simpson v News Group Newspapers Ltd
[2014] EWHC 1339 (QB) 01/05/2014
Cruddas v Calvert & Others (No.4)
[2013] EWHC 2298 (QB) 31/07/2013
Cruddas v Calvert & Others (No.3)
[2013] EWHC 1791 (QB) 26/06/2013
Cruddas v Calvert & Others (No.2) (CA)
[2013] EWCA Civ 748 21/06/2013
Cruddas v Calvert & Others (No.2)
[2013] EWHC 1427 (QB) 05/06/2013
Cruddas v Calvert
[2013] EWHC 1096 (QB) 01/05/2013
El Naschie v Macmillan Publishers Ltd
[2012] EWHC 1809 06/07/2012
Khader v Aziz & Ors (CA)
[2010] EWCA Civ 716 23/06/2010
Polanski v Conde Nast Publications Ltd (HL)
[2005] UKHL 10; [2005] 1 WLR 637; [2005] 1 All ER 945; [2005] EMLR 287; The Times, 11 Feb 2005; The Independent, 16 Feb 2005 10/02/2005
Wood v Chief Constable of West Midlands Police (CA)
[2004] EWCA Civ 1638; [2005] EMLR 449; The Times, 13 December 2004 08/12/2004
Privacy and Confidence
Linklaters LLP & Linklaters Business Services v Mellish
[2019] EWHC 177 (QB) 05/02/2019
Hemsworth (formerly ‘SWS’) v Department for Work and Pensions
[2018] EWHC 2282 (QB) 14/09/2018
Sir Cliff Richard OBE v (1) The British Broadcasting Corporation (2) Chief Constable of South Yorkshire Police
[2017] EWHC 1291 (Ch) 26/05/2017
WXY v Gewanter
[2012] EWHC 1601 (QB) 13/06/2012
Browne v Associated Newspapers Ltd (CA)
[2007] EWCA Civ 295; [2008] 1 QB 103; [2007] 3 WLR 289; [2007] EMLR 538 03/04/2007
Green Corns Ltd v Claverley Group Ltd
[2005] EWHC 958 (QB); [2005] EMLR 748 18/05/2005
Harassment
Brand & Goldsmith v Berki
[2015] EWHC 3373 28/10/2015
Brand v Berki
[2014] EWHC 2979 (QB) 11/09/2014
Reporting the Courts and Contempt
A & B v X & Y and Times Newspapers Ltd
UKEAT/0113/18/JOJ 18/07/2019
Solicitor General v Holmes
[2019] EWHC 1483 (Admin) 14/06/2019
Hemsworth (formerly ‘SWS’) v Department for Work and Pensions
[2018] EWHC 2282 (QB) 14/09/2018
Yalland & Ors v Secretary of State for Exiting the European Union
[2017]EWHC 629 03/02/2017
Her Majesty’s Attorney General v The Conde Nast Publications Ltd
[2015] EWHC 3322 (Admin) 18/11/2015
Injunctive Relief
Chandler v O’Connor
[2019] EWHC 3181 (QB) 22/12/2019
Linklaters LLP & Linklaters Business Services v Mellish
[2019] EWHC 177 (QB) 05/02/2019
Howell v South London Church Fund and Southwark Diocesan Board of Finance
[2017] EWHC 2156 17/07/2017
Brand & Goldsmith v Berki
[2015] EWHC 3373 28/10/2015
Brand v Berki
[2014] EWHC 2979 (QB) 11/09/2014
WXY v Gewanter
[2012] EWHC 1601 (QB) 13/06/2012
Browne v Associated Newspapers Ltd (CA)
[2007] EWCA Civ 295; [2008] 1 QB 103; [2007] 3 WLR 289; [2007] EMLR 538 03/04/2007
Green Corns Ltd v Claverley Group Ltd
[2005] EWHC 958 (QB); [2005] EMLR 748 18/05/2005
Human Rights
Ashley v Chief Constable of Sussex
[2008] 2 WLR 975 (HL) 23/04/2008
Browne v Associated Newspapers Ltd (CA)
[2007] EWCA Civ 295; [2008] 1 QB 103; [2007] 3 WLR 289; [2007] EMLR 538 03/04/2007
Green Corns Ltd v Claverley Group Ltd
[2005] EWHC 958 (QB); [2005] EMLR 748 18/05/2005
Polanski v Conde Nast Publications Ltd (HL)
[2005] UKHL 10; [2005] 1 WLR 637; [2005] 1 All ER 945; [2005] EMLR 287; The Times, 11 Feb 2005; The Independent, 16 Feb 2005 10/02/2005
Data Protection and Information Law
True Vision Productions Ltd v Information Commissioner
EA/2019/0170 12/02/2021
Ministry of Defence v Information Commissioner & Evans
UKIT EA 2006_0027 20/07/2017
Sir Cliff Richard OBE v (1) The British Broadcasting Corporation (2) Chief Constable of South Yorkshire Police
[2017] EWHC 1291 (Ch) 26/05/2017
Home Office v Information Commissioner & Yeo
[2016] UKFTT 2015_0213 14/04/2016
R (Evans) v HM Attorney General (Supreme Court)
[2015] UKSC 21 26/03/2015
Home Office v Information Commissioner & Cobain
[2015] UKUT 0027 20/01/2015
Evans v Information Commissioner & 7 Government Departments
[2012] UKUT 313 18/09/2012
Cobain v Information Commissioner & CPS
[2012] UKFTT EA 2011_0112 08/02/2012
General Common Law
Ashley v Chief Constable of Sussex
[2008] 2 WLR 975 (HL) 23/04/2008
Green Corns Ltd v Claverley Group Ltd
[2005] EWHC 958 (QB); [2005] EMLR 748 18/05/2005
Polanski v Conde Nast Publications Ltd (HL)
[2005] UKHL 10; [2005] 1 WLR 637; [2005] 1 All ER 945; [2005] EMLR 287; The Times, 11 Feb 2005; The Independent, 16 Feb 2005 10/02/2005
5RB Talks
End of Michaelmas term update 2020
10 Dec 2020
With Jonathan Barnes KC, Aidan Eardley KC, Jonathan Scherbel-Ball & Chloe Strong
5RB talks - the Supreme Court decision in the Morrisons data breach case
9 Apr 2020
With Jonathan Barnes KC, Aidan Eardley KC & Felicity McMahon
Articles
5RB Podcast - Data subject access requests
By Aidan Eardley KC. 12 Dec 2019
Publications
Duncan & Neill on Defamation and other media communications claims - 5th Edition
LexisNexis Butterworths
By Aidan Eardley KC. 4 Nov 2020
Duncan and Neill on Defamation Fourth edition
Lexis Nexis
By Aidan Eardley KC. 31 May 2019
Arlidge, Eady & Smith on Contempt
Sweet & Maxwell
By Aidan Eardley KC. 1 Dec 2005
In 5RB News
22 Apr 2024
High Court refuses Solicitor General permission to bring contempt proceedings against protestor
9 Apr 2024
Judgment handed down in Andrew Bridgen MP v Matt Hancock MP strike-out application
1 Mar 2024
Andrew Bridgen MP v Matt Hancock MP
22 Feb 2024
Aidan Eardley KC appointed Deputy High Court Judge
30 Nov 2023
Mincione v Gedi – strike-out application dismissed
20 Oct 2023
5RB tops rankings in Chambers & Partners
18 Oct 2023
Ruling in corporate libel claims over links to former Kazakh President
Court hands down judgment in claim brought by Jusan Technologies Limited against Telegraph Media Group and OpenDemocracy
5 Oct 2023
5RB named Tier 1 set in Defamation and privacy by The Legal 500
26 Sep 2023
New edition of Information Rights published
7 Oct 2022
5RB named top set by The Legal 500
Directory rankings also released
22 Dec 2021
5RB congratulates Aidan Eardley on his appointment as Queen’s Counsel
5RB is delighted that Aidan is included in the announcement of new QCs for 2022
7 Oct 2020
Recorder appointments announced
5RB's Jonathan Barnes and Aidan Eardley
9 Apr 2020
5RB talks – the Supreme Court decision in the Morrisons data breach case
Jonathan Barnes, Aidan Eardley and Felicity McMahon discuss
18 Mar 2020
5RB members praised in Who’s Who Legal 2020
Five 5RB silks and 11 5RB juniors commended in Who's Who Legal Marketplace Analysis 2020
11 Jul 2019
Tommy Robinson jailed for nine months for contempt
Stephen Yaxley-Lennon (aka Tommy Robinson) has been sentenced to nine months imprisonment for contempt of court
4 Jul 2019
Divisional Court to hear Yaxley-Lennon committal application
Attorney General applies for committal of Stephen Yaxley-Lennon (aka Tommy Robinson)
18 Jun 2019
5RB at the London Legal Walk 2019
11 Jun 2019
ASA granted urgent injunction
Warby J grants urgent interim injunction to restrain use of mistakenly disclosed confidential information
19 Nov 2015
Condé Nast found in contempt of court
Proceedings brought about GQ article on phone hacking criminal trial
Contact
Email: clerks@5rb.com