Catherine Callaghan

Catherine is Junior Counsel to the Crown (C Panel, appointed 2003).   She acts in a wide range of public law matters, including transport, asylum, immigration, human rights and prison cases, both for and against public bodies. 

Clients include the Home Office, General Medical Council, Department for Environment Food and Rural Affairs, Department for Work and Pensions, Export Credits Guarantee Department, Legal Services Commission, Legal Services Ombudsman, Law Society, Waterways Ombudsman, local authorities, and public interest groups, and charities such as Teen Challenge UK. 

Professional regulation and discipline:

Catherine has a particular interest in professional discipline in the fields of medicine, education and sport. She regularly acts for the General Medical Council in the statutory appeals and High Court claims. She represents head teachers in proceedings before the General Teaching Council. She has also acted for the Rugby Football Union in disciplinary hearings. 

Education Law:

Catherine is particularly interested in higher education.  She has acted for the University of Central England, the University of East London and Oxford Brookes University in County Court claims for breach of contract and negligence brought by former students.  She has advised an action group in relation to judicially reviewing a decision to close a community school in Wales.

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 (Friends of the Earth) v Food Standards Agency (2006)
Acted for the FSA (led by Dinah Rose QC) in successfully defending a judicial review claim brought by Friends of the Earth concerning the UK’s response to unauthorised imports of US rice contaminated with genetically modified rice. 

R (Lin) v Secretary of State for Transport (2006) [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. 

R (Merseyside Passenger Transport Authority) v Secretary of State for Transport [2006] EWHC 226 (Admin)
Acted for the Claimant, led by David Pannick QC and Mark Shaw QC, in judicial review proceedings seeking to challenge a decision of the Department for Transport to withdraw funding of £170 million for a tram scheme in Merseyside.  This was a significant case in determining the scope of the Government’s power to withdraw provisional funding approval for public transport projects where local authorities have incurred significant costs in reliance on promises of Government funding.

R (Razgar & Ors) v Secretary of State for the Home Department & Others [2003] EWCA Civ 840
Represented the Secretary of State (led by Neil Garnham QC and Michael Fordham) in joined cases concerning the legality of decisions by the Secretary of State under the Immigration and Asylum Act 1999 to certify asylum seekers’ human rights claims as ‘manifestly unfounded’ and to order their removal to other EU states under the Dublin Convention.

Professional regulation and discipline:

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 Practice panel to imposes conditions on the registration of the appellant anaesthetist. This case is significant in establishing the factors that may be taken into account by a Fitness to Practice panel in determining whether a doctor’s fitness to practice is impaired.

General Teaching Council v Sadler (2008)
Acted for a headteacher in professional disciplinary proceedings before the Professional Conduct Committee of the General Teaching Council in a case concerning the management of special needs pupils.

Rugby Football Union v Casper Morris (2008)
Acted for RFU in a disciplinary hearing concerning conduct prejudicial to the interests of the union and the game, contrary to RFU Rule 5.12.

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).

Harry v General Medical Council [2006] EWHC 3050 (Admin)
Successfully represented the GMC in a statutory appeal brought by a doctor against a finding that the doctor’s fitness to practise was impaired and the imposition of a sanction of six months’ suspension for viewing pornography on practice computers.  This is the first case to consider the meaning of impaired fitness to practice under the amended Medical Act.

R (McTimoney College of Chiropractic) v General Chiropractic Council (2006)
Acted for the GCC (led by Robert Englehart QC) defending a claim for judicial review (which subsequently settled) brought by a college of chiropractic against its regulatory body for its decision to withdraw its request for Privy Council approval of recognition for the college’s five-year degree programme.

Education Law:

Al-Shabib v University of Central England (2006)
Acted for the Defendant university in striking out a County Court claim brought by a former student of the university involving breach of contract, race discrimination, victimisation, harassment, breach of the Human Rights Act and breach of the Data Protection Act. 

Catherine regularly appears in the Employment Tribunals, the Employment Appeal Tribunal and High Court in cases involving race, sex and disability discrimination, unfair and wrongful dismissal, breach of contract, redundancy, restrictive covenants, and whistle blowing.  She is instructed by City firms and specialist employment law firms such as Mishcon de Reya, Lewis Silkin, Farrers, CMS Cameron McKenna, Dechert, Michael Simkin LLP, Beachcroft Wansbroughs, Shakespeare Putsmans, and Penman Johnson.  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.

Recent Claimant work

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 (case settled successfully).

Dr Quigley v University of St Andrews (2006)
Acted for the Appellant in the Scottish Employment Appeal Tribunal in a case concerning constructive unfair dismissal.  The case is significant in holding that the principle set out in Peyman v Lanjani [1985] Ch 457 concerning the doctrine of election does not apply in the employment context.

Austin v PSP Staffsign Limited (2005)
Acted for the Claimant, the Managing Director of a recruitment consultancy, in a Tribunal claim for sex discrimination, victimisation and constructive dismissal (settled on advantageous terms for the Claimant). 

Recent Respondent/Defendant work

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.

Allonby v (1) Accrington & Rossendale College (2) Education Lecturing Services (3) Department for Education and Employment [2004] EWCA Civ 1630
Represented ELS in the Court of Appeal following a reference to the ECJ (led by Lord Lester of Herne Hill QC) and subsequently in the remitted Tribunal proceedings in a case concerning equal pay, discrimination and access to a teachers’ pension scheme (settled on advantageous terms for ELS).

Boyo v Threshold Housing & Support (2003)
Successfully represented Threshold Housing & Support, a registered social landlord, in a Tribunal claim for race discrimination and victimisation brought by an area housing manager.

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 to pharmaceutical lists 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)
Acting for the claimants (dispensing doctors) in ongoing judicial review proceedings seeking to challenge the Defendant’s decision to allow an application for consent to open a rival pharmacy. This case concerns the application of the ‘five year’ rule in Regulation 34 of the 2005 Regulations.

R (Dr Jones & Ors) v Welsh Ministers (2008)
Acting for the interested party pharmacist in resisting a challenge brought by the Claimant doctors against a decision of the Ministers to dismiss their appeal for consent to dispense to patients together with two other appeals of applicant doctors. This case concerns the power of the Ministers to consider 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 medial practice to dispense medicines to its patients. The Defendant agreed to quash its decision.

Catherine has acted for the Financial Services Authority, as well as for companies and individuals challenging FSA decisions, in cases concerning market abuse, pensions review, insurance and mortgage regulation.

Parker v Financial Services Authority (2005)
Acted for the Applicant (a finance manager of a listed company), instructed by DLA, in a reference to the Financial Services and Markets Tribunal in which he was accused by the FSA of committing market abuse by spread betting on his company’s share price.  The case established an important procedural precedent: the Tribunal held in an interlocutory hearing that “the matter” referred to the Tribunal in a market abuse case is the whole decision notice which is referred, including the allegations made in it and the action proposed, which has the effect that the FSA is not permitted to introduce new allegations of market abuse in an existing reference, without first issuing a new warning notice and decision notice.

Bonnier v Financial Services Authority (2005)
Instructed by Peters & Peters to represent a company director in a market abuse case concerning notification of interests in shares under s198 of the Companies Act 1985. 

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

Rugby Football Union v Casper Morris (2008)
Acted for RFU in a disciplinary hearing concerning conduct prejudicial to the interests of the union and the game, contrary to RFU Rule 5.12.

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.

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.

Membership of Professional Bodies:

Catherine is a member of COMBAR, Justice and the Employment Lawyers’ Association.