Catherine Callaghan

Catherine has a wide-ranging public law practice, advising and acting for claimants and defendants including government departments and agencies, companies, individuals, public interest groups and regulators.  She has a particular expertise in judicial review, statutory appeals and regulatory law, in the context of transport, pharmaceutical services, human rights, and freedom of information.    Catherine was appointed to the Attorney General’s B Panel in 2009.

Catherine has recently acted for the Home Office and HM Treasury, led by James Eadie QC, in two cases concerning the lawfulness of closed material procedures in national security cases.  She has recently acted as an independent legal adviser to the Metropolitan Police Authority.  She regularly advises and acts for the Export Credits Guarantee Department on freedom of information matters.

• Tariq v Home Office [2010] EWCA Civ 462
  Acted for the Home Office (led by James Eadie QC) in an appeal from the EAT concerning the scope of a litigant’s right to a fair trial and the lawfulness of the use of closed material and special advocates in the context of a discrimination claim arising out of security vetting of civil servants. The appeal to the Supreme Court is due to be heard in early 2011.
• Bank Mellat v HM Treasury [2010] EWCA Civ 483
  Acted for HM Treasury (led by James Eadie QC) in another appeal concerning the legality of closed material procedures in the context of an application by an Iranian bank to set aside an order made by HM Treasury under the Counter-Terrorism Act 2008 which directed the UK financial sector not to have any business dealings with the bank.
• R (Coke-Wallis) v Institute of Chartered Accountants of England and Wales [2009] EWCA Civ 730
  Acted for the Institute (led by Michael Beloff QC) in successfully defending a judicial review challenge of a decision of a professional disciplinary tribunal to refuse to dismiss a second disciplinary complaint against the claimant accountant.  An important case concerning the application of principles of res judicata, autrefois acquit and abuse of process to the professional disciplinary context. The appeal to the Supreme Court is due to be heard in November 2010.
• R (London and Southeastern Railway Ltd) v British Transport Police Authority [2009] EWHC 1255 (Admin)
  Acted as junior counsel (led by Michael Fordham QC) for three interested parties, all train operating companies, in a judicial review challenge to a decision of the Authority to impose a new charging methodology on train operating companies in respect of transport police services.
• Export Credits Guarantee Department v Information Commissioner and Corner House (2009) EA/2008/0071
  Acted for ECGD, the UK’s export credit agency, in a statutory appeal to the Information Tribunal against a decision of the Information Commissioner to require ECGD to disclose information requested by Corner House under the Environmental Information Regulations 2004.
• R (Porsche Cars Great Britain) v Mayor of London (2008)
  Acted for Porsche (led by David Pannick QC and instructed by Slaughter and May) in a high profile challenge to Ken Livingstone’s decision to amend the central London congestion charging scheme by introducing charges based on CO2 emissions of vehicles. This case settled successfully when Boris Johnson replaced Ken Livingstone as Mayor of London.
• Shrewsbury & Atcham Borough Council and Congleton Borough Council v Secretary of State for Local Government [2008] EWCA Civ 148
  Acted for the Secretary of State (led by James Eadie QC) in successfully defending a challenge to the Secretary of State’s power to invite proposals to replace two-tier local government with unitary authorities. This is an important case concerning the extent of the common law powers of the Crown.
• R (Lin) v Secretary of State for Transport [2006] EWHC 2575 (Admin)
  Acted for the Secretary of State (led by Monica Carss-Frisk QC) in successfully defending judicial review proceedings brought by relatives of a victim of the Potters Bar rail crash, challenging the decision of the Secretary of State not to hold a public inquiry on grounds that it violated Article 2 of the ECHR.

Catherine has a particular interest in professional discipline and regulation in the fields of healthcare, education and sport. She regularly acts for the General Medical Council in judicial review proceedings and statutory appeals to the High Court from disciplinary decisions of Fitness to Practise Panels. She has acted for other healthcare regulators such as the General Osteopathic Council and the General Chiropractic Council.  Catherine regularly represents head teachers in disciplinary proceedings before professional conduct committees of the General Teaching Council. She also acts for the Rugby Football Union in disciplinary hearings.

• Colman and Hickey v General Medical Council [2010] EWHC 1608 (QB)
  Acted for the GMC (led by Robert Englehart QC) in successfully defending judicial review challenges to 20-year old decisions of professional conduct committees. The case raised the issue whether the involvement of the GMC’s Deputy Registrar in preparing draft determinations in advance of hearings and in retiring with the committees when they considered their determinations rendered those determinations unlawful by virtue of apparent bias.
• General Teaching Council v Maltbaek (2009/10)
  Acted for a head teacher, instructed by the National Association of Head Teachers, in successfully defending a high profile charge of unacceptable professional conduct (concerning bullying of staff) before a professional conduct committee of the General Teaching Council. The hearing took place over 14 days and involved over a dozen witnesses.
• R (Coke-Wallis) v Institute of Chartered Accountants of England and Wales [2009] EWCA Civ 730
  Acted for the Institute (led by Michael Beloff QC) in successfully defending a judicial review challenge of a decision of a professional disciplinary tribunal to refuse to dismiss a second disciplinary complaint against the claimant accountant.  An important case concerning the application of principles of res judicata, autrefois acquit and abuse of process to the professional disciplinary context.  The appeal to the Supreme Court is due to be heard in November 2010.
• R (Kashyap) v General Medical Council [2009] EWHC 2873 (Admin)
  Acted for the General Medical Council in a judicial review challenge to a decision of a fitness to practise panel that an orthopaedic surgeon’s fitness to practise is impaired.  This case is significant in establishing the scope of any right to challenge impairment decisions by way of judicial review.
• Arora v General Medical Council [2008] EWHC 1596 (Admin)
  Acted for the General Medical Council in a statutory appeal from a decision of a fitness to practise panel that a doctor’s fitness to practise was impaired by reason of misconduct and deficient professional performance.
• Cohen v General Medical Council [2008] EWHC 581 (Admin)
  Acted for the General Medical Council in an appeal against a decision of a fitness to practise panel to impose conditions on the registration of the appellant anaesthetist. This case is significant in establishing the factors that must be considered by a fitness to practise panel in determining whether a doctor’s fitness to practise is impaired.
• Rugby Football Union v Nic de Scossa (2008)
  Acted for the RFU in disciplinary proceedings against a member accused of conduct prejudicial to the interests of the game (involvement in international match ticket abuse).
• Rugby Football Union v Casper Morris (2008)
  Acted for RFU in disciplinary proceedings against a coach concerning conduct prejudicial to the interests of the game (sexual relationship with a player under 18).
• Colman v Scott & Others [2007] EWHC 142 (QB)
  Acted for the General Medical Council and other individual claimants (led by Robert Englehart QC) in striking out a High Court claim brought by a former member of the GMC (who had previously been struck off the medical register) for conspiracy to injure, unlawful interference and breach of contract.  Successfully obtained an extended civil restraint order against the Claimant: see [2007] EWHC 3236 (QB).

Catherine regularly appears in the Employment Tribunals, the Employment Appeal Tribunal and High Court in cases involving whistle blowing, race, sex and disability discrimination, unfair and wrongful dismissal, breach of contract, redundancy, and employee competition.  She is instructed by City firms and specialist employment law firms such as Mishcon de Reya, Lewis Silkin, Farrer & Co, Memery Crystal, CMS Cameron McKenna, and Clifford Chance. She acts for both Claimants (particularly senior managers and directors) and Respondents.

Catherine co-wrote the chapter on Practice and Procedure in the recent textbook "Employee Competition: Covenants, Confidentiality and Garden Leave", edited by Paul Goulding QC and published by Oxford University Press in 2007. The second edition is due to be published in 2011.

Recent Claimant work

• Pimlico Plumbers Ltd v Service Corps Ltd & Anr (2009 - 2010)
  Acted for the Claimant company in a High Court claim for inducement of breach of contract, breach of confidence, infringement of database rights, and injunctive relief.
• Hillier v Barclays Capital (2008)
  Acted for the Claimant Managing Director in a disability discrimination claim against an investment bank.
• Carter v Lazard & Co (2007)
  Acted for the Claimant Director in a claim brought against an investment bank for sex discrimination, victimisation, and wrongful and unfair dismissal.

Recent Respondent/Defendant work

• X&Y v Bank (2010)
  Currently acting for a German bank in defending whistle blowing and unfair dismissal claims brought by two former department heads who were made redundant by the bank. 
• Pickett v Citibank International (2009)
  Acted for Citibank (led by Paul Goulding QC) in defending a high profile whistle blowing claim brought by a former fund manager.
• James v Berkley Estates (2007)
  Acted for Respondent in successfully striking out unfair dismissal claim on ground that no relevant transfer of employment under TUPE and claim brought out of time.
• Goldstein v Burger King (2006)
  Acted for Burger King in an Employment Tribunal claim brought by its former UK Legal Director for constructive dismissal, sex discrimination and breach of contract arising out of Burger King’s refusal of the Claimant’s flexible working request (settled prior to hearing).
• Pratt v BAE Systems plc (2005)
  Successfully represented BAE Systems in a long-running County Court case concerning alleged breach of a compromise agreement and negligence in relation to the provision of employment references. Succeeded in obtaining indemnity costs against the Claimant.
• Berry Birch & Noble Financial Planning Limited v Berwick & Others [2005] EWHC 1803 (QB)
  Represented the individual Defendants (financial agents) in successfully resisting a High Court application by the Claimant for interim injunctive relief for alleged breach of restrictive covenants and implied duties of good faith and confidentiality.
• Marks & Spencer plc v Williams-Ryan [2005] IRLR 562 (CA)
  Represented Marks & Spencer in the EAT and Court of Appeal in an appeal concerning unfair dismissal time limits and whether it was “reasonably practicable” for the Claimant to bring her claim within 3 months of termination of her employment.  This case was significant in establishing that section 111(2)(b) of the Employment Rights Act 1996 should be given a liberal interpretation in favour of the employee, and that the focus in determining whether it is reasonably practicable to bring a claim should be on the state of mind of the employee.

Pharmaceutical services regulation:

Catherine has a particular interest in pharmaceutical services regulation. She has recently acted for both pharmacists and doctors in judicial review challenges to decisions of Primary Care Trusts and the NHS Litigation Authority (and the Welsh equivalents) to grant or refuse applications for entry to pharmaceutical lists or to dispense to patients under the National Health Service (Pharmaceutical Services) Regulations 1992 and the National Health Service (Pharmaceutical Services) Regulations 2005.

• R (Stagedale Limited & Ors) v NHS Litigation Authority (2008)
  Acted for the claimants (dispensing doctors) in judicial review proceedings seeking to challenge the Defendant’s decision to allow an application for consent to open a rival pharmacy. This case concerned the application of the ‘five year’ rule in Regulation 34 of the 2005 Regulations.
• R (Watlington Health Ltd) v Norfolk Primary Care Trust (2008)
  Acted for interested party (a pharmacist) in a judicial review challenge to the PCT’s decision to grant my client permission to open a pharmacy.
• R (Dr Jones & Ors) v Welsh Ministers [2008] EWHC (Admin)
  Acted for the interested party pharmacist in resisting a judicial review challenge brought by the Claimant doctors against a decision of the Ministers to refuse the doctors’ application to dispense to patients. This case concerns the power of the Ministers to consider multiple appeals together under Regulation 12 of the 1992 Regulations where they have not been considered together at first instance.
• R (Nigel Williams Chemists) v Welsh Ministers (2007)
  Acted for the Claimant pharmacist in successfully challenging the decision of the Welsh Ministers to allow an appeal against a decision refusing consent to a local medical practice to dispense medicines to its patients. The Defendant agreed to quash its decision.

Catherine acts for broadcasters, sports associations, football clubs and agents in commercial, regulatory and employment disputes.

• Rugby Football Union v Nic de Scossa (2008)
  Acted for the RFU in disciplinary proceedings against a member accused of conduct prejudicial to the interests of the game (involvement in international match ticket abuse).
• Rugby Football Union v Casper Morris (2008)
  Acted for the RFU in disciplinary proceedings against a coach concerning conduct prejudicial to the interests of the game (sexual relationship with a player under 18).
• Attheraces Holdings Limited & Anr v Racecourse Association Limited & Ors (2006)
  Represented the Defendants (led by Ian Mill QC) in a High Court action concerning an alleged breach of a media rights agreement which granted the Claimants the right to exploit media rights arising from British horseracing.  The case settled successfully on the fourth day of trial.

Previous professional experience:

Catherine first qualified as a barrister and solicitor in New Zealand and worked in the commercial litigation department of the New Zealand law firm Rudd Watts & Stone (now Minter Ellison Rudd Watts).  After gaining the highest first in the LLM at the University of Cambridge, she worked as a solicitor in the international law group of Clifford Chance (London office) from 1997 to 1999 where she advised and acted for various foreign governments (including the United States, Pakistan and Kuwait), international organisations, and multinational corporations on all aspects of private and public international law.

Catherine’s experience as a solicitor in two jurisdictions has given her an invaluable understanding and appreciation of working as part of an integrated team with solicitors and clients.

In 2007, Catherine took a sabbatical from the English bar to teach public law (at undergraduate level) and comparative human rights law (at masters level) at Victoria University of Wellington in New Zealand. She also spent two months working as Crown Counsel for the Crown Law Office in Wellington, where she advised the New Zealand Government on a variety of public law matters.

Publications:

• “Practice and Procedure” (co-writer) in Employee Competition: Covenants, Confidentiality and Garden Leave (Oxford University Press, 2007, ed. Paul Goulding QC)
• Chapters 5 and 6 (“Commencing a Claim” and “Acknowledgment of Service”) in Administrative Court: Practice and Procedure (Sweet & Maxwell, 2006, ed. Beverley Lang QC)
• Co-writer of “Conflicts of Law” in European Employment Law and the UK (Sweet & Maxwell, 2003)
• “What is a ‘Target Duty’?” [2000] Judicial Review 184.
• “They think it’s all over: The impact of the Tobacco Advertising Directive on sports sponsorship in the United Kingdom” [2000] Sport and the Law Journal 91.
• “‘Constitutionalisation’ of Treaties by the Courts – The Treaty of Waitangi and the Treaty of Rome Compared” [1999] New Zealand Universities Law Review 334.
• “Manifest disadvantage in undue influence: An analysis of its role and necessity” [1995] Victoria University of Wellington Law Review 289.