David Eady
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Sir David Eady (born 24 March 1943) is a retired High Court judge in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
. As a judge, he is known for having presided over many high-profile
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
and
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
cases. He was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1966 and became a
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1983. He was a member of One Brick Court chambers and, as a lawyer, specialised in media law until he was appointed a High Court Judge ( Queen's Bench division) on 21 April 1997. As of November 2014, he continued to sit in the High Court as an additional judge.


Background

Eady was educated at the Brentwood School, Essex, and graduated from
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
.


Barrister

Eady was a member of One Brick Court Chambers. He specialised in media law. ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
'' described him as "a leading courtroom defender of red-top journalism, much in demand as a barrister who could be relied on to uphold the freedom of the tabloids to expose the private lives of public figures." Examples include Eady's defence of ''
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'' when the ''
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'' actor Bill Roache sued over taunts that he was "boring". He also represented
Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
politician
Lee Kuan Yew Lee Kuan Yew (born Harry Lee Kuan Yew; 16 September 1923 – 23 March 2015), often referred to by his initials LKY, was a Singaporean politician who ruled as the first Prime Minister of Singapore from 1959 to 1990. He is widely recognised ...
in his
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
suits against the late opposition politician Joshua Benjamin Jeyaretnam. Eady was unsuccessful in 1984 when he represented Derek Jameson in an action against the
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
over a critical profile of Jameson on Radio 4's '' Week Ending'' programme broadcast on 22 March 1980. Eady had advised his instructing solicitor Peter Carter-Ruck that the case was "high risk", but the advice had not been passed on to Jameson. In the late 1980s, Eady was appointed to the Calcutt Committee, presided over by David Calcutt, which considered how to police the media.


Judicial career

As a judge, Eady was known for having judged many high-profile libel cases. According to ''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
'', Eady "has delivered a series of rulings that have bolstered privacy laws and encouraged libel tourism". One commentator said Eady "has interpreted the European Convention on Human Rights in a restrictive way. In effect he is developing a privacy law." He has been repeatedly criticised by '' Private Eye'' on similar grounds. ''The Daily Telegraph'' described him as "something of an enigma to his colleagues. He has a reputation for being distant and sometimes difficult in court, but can be immensely charming off duty." In April 2008, ''The Times'' commented, "He may be just one of more than 100 High Court judges but Sir David Eady is nonetheless arguably more influential than any of his colleagues. Almost single-handedly he is creating new privacy law."


Position on privacy

Eady cited the failure of actor Gorden Kaye in '' Kaye v Robertson'' to obtain legal remedies for alleged invasion of privacy as one of his concerns, saying that there was "a serious gap in the jurisprudence of any civilised society, if such a gross intrusion could happen without redress". In June 2011, in an interview with legal journalist Joshua Rozenberg, Eady explained that courts assessing issues related to privacy must apply the test used in '' Von Hannover v Germany'' (2004), where the decisive factor is whether publication contributes to "a debate of general interest to society".


Notable cases

In 2003, Eady presided over '' Alexander Vassiliev vs Frank Cass and Amazon.com''. In December 2004, Eady ruled in favour of politician George Galloway after ''The Daily Telegraph'' newspaper had reported that documents had been found by journalist David Blair in Baghdad that appeared to show that Galloway had received money from
Saddam Hussein Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...
's regime. In its defence, the newspaper did not attempt to claim justification in that it was seeking to prove the truth of the defamatory reports. Instead, the paper sought to argue the public interest defence established in '' Reynolds v Times Newspapers Ltd''. However, Eady did not accept this defence, saying the suggestion that Galloway was guilty of "treason", "in Saddam's pay" and of being "Saddam's little helper" caused him to conclude "the newspaper was not neutral but both embraced the allegations with relish and fervour and went on to embellish them". Eady also ruled that Galloway had not been given a fair or reasonable opportunity to make inquiries or meaningful comment upon the documents before they were published. In 2005, Eady prevented author Niema Ash from revealing certain details about singer Loreena McKennitt on the grounds that they would violate her
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...
as enshrined in the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
. Furthermore, Ash, as McKennitt's friend, owed the singer a duty of confidence. In December 2006, Eady granted an order to " prominent figure in the sports world who had had an affair with another man's wife", preventing the betrayed husband from naming him in the media. In the 2006 case of '' Jameel v Wall Street Journal Europe'', Eady ruled in favor of the plaintiff, a Saudi Arabian banker. ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'' had listed Jameel among several Saudi businessmen who were allegedly being monitored for support of terrorism. In 2009, the Law Lords overturned Eady's ruling, with Lord Hoffmann accusing Eady of being "hostile to the spirit of ''Reynolds''", a reference to the public interest defence established in '' Reynolds v Times Newspapers Ltd''. In Khalid bin Mahfouz's so-called " libel tourism" case against U.S. scholar Rachel Ehrenfeld, whose book '' Funding Evil'' documented allegations of Mahfouz's financial support of terrorism, Eady entered a
default judgment Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to app ...
in favour of Mahfouz. On 1 May 2008, in reaction to the case, the
New York State Legislature The New York State Legislature consists of the Bicameralism, two houses that act as the State legislature (United States), state legislature of the U.S. state of New York (state), New York: the New York State Senate and the New York State Assem ...
passed a law described as " fferingNew Yorkers greater protection against libel judgments in countries whose laws are inconsistent with the freedom of speech granted by the United States Constitution." In 2008, Eady presided over '' Max Mosley v News Group Newspapers Limited'', awarding Max Mosley damages of £60,000 for invasion of privacy after the '' News of the World'' exposed his participation in a sado-masochistic orgy. In 2009, Eady issued a judgment that
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was not liable for defamatory content accessible through or cached by
Google Search Google Search (also known simply as Google or Google.com) is a search engine operated by Google. It allows users to search for information on the World Wide Web, Web by entering keywords or phrases. Google Search uses algorithms to analyze an ...
. In June 2009, Eady ruled that Richard Horton, a detective constable who wrote an anonymous blog called "NightJack", could be named, as he had "no reasonable expectation of privacy". The blog was described as a "behind-the-scenes commentary on policing". That same year, Eady ruled in a libel case brought by the British Chiropractic Association (BCA) against science writer Simon Singh. Singh had said that the BCA "happily promotes bogus treatments". Eady ruled this meant its claims were "deliberately false" and dishonest, not merely false or unsupported. Singh filed an appeal, which he won in April 2010. The court of appeal ruled that Eady had "erred in his approach" and was inviting the court "to become an Orwellian ministry of truth". Also in 2009, Eady presided in a libel case media proprietor
Richard Desmond Richard Clive Desmond (born 8 December 1951) is a British publisher, businessman, and former Pornography, pornographer. According to the 2021 ''Sunday Times Rich List'', Desmond was the 107th richest person in the United Kingdom. He is the fo ...
brought and lost against investigative author Tom Bower, over a passing reference in Bower's 2006 book about Conrad Black. The case was notable for two crucial mid-trial appeals which Bower brought and won against Eady's rulings over the admissibility of certain evidence Bower wished to present. Eady also gave judgment in a number of high-profile media trials, involving, among others, the singer
Madonna Madonna Louise Ciccone ( ; born August 16, 1958) is an American singer, songwriter, record producer, and actress. Referred to as the "Queen of Pop", she has been recognized for her continual reinvention and versatility in music production, ...
; actor Josh Hartnett; chef Marco Pierre White; former secretary and mistress Sara Keays; journalists Roger Alton and Carol Sarler; and actress Sienna Miller. In April and May 2011, Eady was the judge in '' CTB v News Group Newspapers''. The case involved an anonymous
Premier League The Premier League is a professional association football league in England and the highest level of the English football league system. Contested by 20 clubs, it operates on a system of promotion and relegation with the English Football Lea ...
footballer ("CTB") who had been involved in an alleged extra-marital relationship with model Imogen Thomas. Tweets and media coverage in the Scottish press named the footballer as Ryan Giggs. On 23 May 2011, Eady upheld the injunction in the High Court. Later the same day, MP John Hemming used
parliamentary privilege Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties ...
to name Giggs in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
, effectively ending the injunction. On 15 December 2011, Eady accepted that Thomas had not attempted to blackmail the footballer known as "CTB" and suggested there was "no longer any point in maintaining the anonymity", however, the injunction preventing the naming of "CTB" nonetheless remained in place.


Criticism

''
Daily Mail The ''Daily Mail'' is a British daily Middle-market newspaper, middle-market Tabloid journalism, tabloid conservative newspaper founded in 1896 and published in London. , it has the List of newspapers in the United Kingdom by circulation, h ...
'' editor Paul Dacre has been particularly critical of Eady. In a November 2008 article he accused the judge of "arrogant and amoral judgments", and went on to complain that Dacre was particularly critical of Eady's ruling in the Max Mosley case, describing it as a frightening example of what "one judge with a subjective and highly relativist moral sense can do ... with a stroke of his pen". The ''Daily Mail'' accused Eady of "moral and social nihilism" and "arrogance". According to unnamed friends of Eady cited in ''The Guardian'', Eady was "profoundly hurt" by these attacks. Eady was repeatedly rebuked by the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
for his conduct during the 2009 libel case involving
Richard Desmond Richard Clive Desmond (born 8 December 1951) is a British publisher, businessman, and former Pornography, pornographer. According to the 2021 ''Sunday Times Rich List'', Desmond was the 107th richest person in the United Kingdom. He is the fo ...
and Tom Bower. Eady disallowed several pieces of evidence against Desmond which the Appeal Court ruled were clearly relevant to the case. The Court of Appeal judges ruled that Eady's decision was "plainly wrong" and "might lead to a miscarriage of justice". After hearing the evidence, the jury found in favour of Bower. In December 2009, Eady commented in ''The Guardian'' on some of this criticism, saying that "The media have nowhere to vent their frustrations other than through personal abuse of the particular judge who happens to have made the decision". He added that he does not see libel tourism as a problem: "I believe the suggestion is that there is a large queue of people, loosely classified as 'foreigners', waiting to clog up our courts with libel actions that are without merit and which have nothing to do with our jurisdiction ... hisis not a phenomenon we actually come across in our daily lives." On 10 December 2009, Eady granted
Tiger Woods Eldrick Tont "Tiger" Woods (born December 30, 1975) is an American professional golfer. He is tied for first in List of golfers with most PGA Tour wins, PGA Tour wins, ranks second in List of men's major championships winning golfers, men's m ...
an injunction preventing the UK media from publishing further revelations about his private life. Reacting to this, media lawyer Mark Stephens said "This injunction would never have been granted in America. ... It's unbelievable that Tiger Woods' lawyers have been able to injunct the UK press from reporting information here." Foreign media, including ''
The Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It was launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is Ireland's leading n ...
'', ignored the terms of the UK injunction and published its details. In April 2011, Eady faced press criticism following a case in which he granted a restraining order '' contra mundum'' ("against the world") in '' OPQ v BJM'', creating a worldwide and permanent ban on publication of details about an individual's private life. At a previous hearing on 2 February 2011, Eady had described the matter as "a straightforward and blatant blackmail case".


See also

* 2011 British privacy injunctions controversy


References


External links


Profile
One Brick Court website; accessed 12 July 2014. {{DEFAULTSORT:Eady, David 1943 births Living people Alumni of Trinity College, Cambridge 20th-century English judges 21st-century English judges English King's Counsel Knights Bachelor People educated at Brentwood School, Essex Queen's Bench Division judges 20th-century King's Counsel Place of birth missing (living people)