Aidan Eardley

Aidan Eardley

Aidan is a highly experienced junior, currently ranked in the top band by Chambers and Partners for both Defamation and Data Protection. He has a broad practice encompassing all aspects of media and information law, acting for claimants and defendants. His clients have included national newspapers and broadcasters, MPs, celebrities, trade unions, government departments, public authorities, website operators, regulators and large and small companies. He has appeared in courts and tribunals at every level of seniority.

Aidan is a member of the Attorney General’s ‘A’ Panel of counsel. Since 2018 he has been a member of the Bar Standards Board’s Advisory Pool of Experts advising the BSB on data protection matters. He also sits as a part-time judge of the First-tier Tribunal (Social Entitlement Chamber). He was named Chambers & Partners Defamation/Privacy Junior of the Year in 2013.

Aidan is a co-author of Duncan & Neill on Defamation and a contributor to Arlidge, Eady & Smith on Contempt.

Recent cases of interest:

Sir Cliff Richard, OBE v BBC & Chief Constable of South Yorkshire Police [2018] 3 WLR 1715 (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); Linklaters LLP v Mellish [2019] EWHC 177 (junior counsel for claimant in urgent interim injunction application to restrain threatened breach of confidence by ex-employee) and Butt v Secretary of State for the Home Department (judgment awaited – the first occasion on which the Court of Appeal has considered the new statutory defence of honest opinion under the Defamation Act 2013).

Called

2002 Called to the bar

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

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

“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)

“He’s generally recognised as a leading expert in data protection, who’s very helpful, knowledgeable and easy to use.” “Very good on the detail, and good on his feet.”- Chambers and Partners 2018 (Data Protection)

Languages

French (good). Some Spanish and German

All cases

Defamation and Malicious Falsehood

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

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

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

Publications

Duncan and Neill on Defamation Fourth edition

Lexis Nexis
By Aidan Eardley. 31 May 2019

Arlidge, Eady & Smith on Contempt

Sweet & Maxwell
By Aidan Eardley. 1 Dec 2005

In 5RB News

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

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