Brian Kennelly

Brian has appeared in many of the leading competition and EU cases in recent years: in the EU courts; Sanitec/Keramag (cartels); UEFA/FIFA (services) and International Roaming (legal base), in the domestic courts; Tobacco (object infringements), Devenish v Sanofi-Aventis (remedies in private anti-trust damages actions), National Grid (abuse of dominance) and Provimi v Aventis (jurisdiction). Brian has particular expertise in regulatory matters and in private antitrust damages actions.  Brian also advises in relation to anti-trust, mergers and State aid as well as all aspects of the internal market, including public procurement. Brian has also acted for individuals subject to EU asset-freezing measures.

• Case T-55/08 UEFA, FIFA v Commission (17 February 2011)
  Brian acted (as sole advocate) for the UK in resisting successfully FIFA and UEFA’s challenge to the decision to list the entire World Cup and European Championships as events of national importance and therefore free to view on terrestrial television under EU law.
• Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc (17 February 2011)
  Brian acted for the applicant in this reference from the Court of Appeal relating to scope of the Universal Service Directive in telecommunications.
• Cases T-381/10, T-378/10, T-381/10 Sanitec, Keramag, Masco and others (2011, pending)
  Brian is acting for the EU Commission in appeals to the General Court by bathroom fittings manufacturers challenging findings of global price fixing and fines totalling €622 million. The Masco appeal raises important questions of parental liability for the infringements of a subsidiary.
• Case C-139/10 Prism Investments (2011, pending)
  Brian is acting (as sole advocate) for the UK in a reference from the Dutch Hoge Raad relating to the circumstances in which a court may refuse to enforce a judgment on public policy grounds under Regulation 44/2001.
• Case C-442/10 Churchill Insurance Co. Ltd. v Wilkinson (2011, pending)
  Brian is acting (as sole advocate) for the UK in this reference relating to the scope of the Insurance Directive and the compatibility of the UK motor vehicle insurance rules with EU law.
• Case C-308/11 Chemische Fabrik Kreussler & Co GmbH (2011, pending)
  Brian is acting (as sole advocate) for the UK in this reference relating to the extent to which national authorities may have regard to Commission guidance on medical devices in determining whether a medicinal product has a pharmacological action.
• Case T-121/09 Al Shanfari v Council and Commission (13 July 2010)
  Brian acted for the applicant, a citizen of Oman accused of having assisted the Zimbabwean government, in his successful challenge to EU asset freezing measures.
• Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010)
  Brian acted (as sole advocate) for an intervener supporting the EU’s successful defence of the regulation capping mobile phone roaming charges. This is now a leading case on the use of Article 114 TFEU as a legal base for pro-consumer EU telecommunications legislation.
• Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] 2 CMLR 32
  Brian acted for the defendant before the Court of Appeal in successfully striking out a major public procurement challenge to the award of a PFI waste contract worth £4bn over 20 years.
• R (Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  Brian acted for a vending machine supplier before the Court of Appeal challenging the Government’s decision to ban tobacco vending machines on the basis that it contravenes EU free movement rules and the ECHR.
• British Telecommunications plc v Ofcom [2011] EWCA Civ 245
  Brian acted for the intervener before the Court of Appeal challenging the CAT’s decision to allow fresh evidence to be adduced which had not been put to the regulator in its investigation.
• Lindum Construction v OFT (2011, pending)
  Brian is acting for a construction company challenging the right of the OFT to demand payment of penalties where the basis for imposing those penalties has been set aside by the CAT in its construction cartel judgments.
• Waha Oil Company v Dunlop Oil and Marine Ltd (Chancery Division, 2011  pending)
  Brian is acting for the defendant in this claim for damages arising from the Marine Hose cartel decision of the European Commission.
• Sintesi e Ricerca v Royal Dutch Shell (Chancery Division, 2011 pending)
  Brian is acting for the defendant in this claim for damages arising from the Paraffin Wax cartel decision of the European Commission.
• Shell UK Ltd v OFT (Competition Appeal Tribunal, 2011 pending)
  Brian is acting for Shell in its challenge to the OFT’s finding that it participated in price-fixing in the market for tobacco products contrary to domestic and EU law.
• Leyton Orient FC v Football Association Premier League (2011, pending)
  Brian is acting for the FAPL in resisting Leyton Orient’s claim that it breached competition law in allowing West Ham or Tottenham Hotspur to move to the Olympic Stadium (which is very close to its existing ground).
• British Telecommunications plc v Ofcom (MCT) [2011] CAT 31
  Brian acted for the intervener in this appeal relating to the admissibility of materials before the Competition Commission in a price control.
• Everything Everywhere Ltd v Ofcom (0845/0870) [2011] CAT 26
  Brian acted for the intervener in this appeal relating to the appropriate relief where the regulator’s decision had been set aside by the CAT.
• British Telecommunications plc v Ofcom (080) [2011] CAT 15
  Brian acted for the intervener in this appeal relating to the ability of Ofcom to rule on disputes referred to it under the Communications Act.
• National Grid v Gas and Electricity Markets Authority [2010] EWCA Civ 114; [2010] UKCLR 386
  Brian appeared for GEMA in the first contested competition infringement decision by a sectoral regulator in the UK. This is now the leading domestic case on the application of Article 102 TFEU to long term exclusivity agreements.
• Wm Morrison Supermarkets v Competition Commission [2010] Comp AR 191
  Brian appeared for the intervener supporting the CC’s successful resistance to an application for interim relief against a merger divestiture remedy.
• Telefonica O2 Ltd v Ofcom [2010] CAT 25
  Brian acted for the interested party in this important case relating to mobile spectrum release in the UK.
• OFT Groceries and Dairy Cartel Investigations
  Brian acted for Sainsbury’s in these major anti-trust investigations.

• Provimi v Aventis
• BCL v Aventis
• Devenish Nutrition Ltd v Sanofi-Aventis SA & Ors [2009] 3 WLR 198 (Court of Appeal)
• Hutchinson 3G UK Ltd v O2 Ltd & Ors [2008] All ER (D) 80 

Brian appears for and advises claimants and defendants, including individuals, businesses, government departments and agencies, local authorities and public interest groups in public law cases. Brian has also advised tribunals and government agencies in Ireland, Hong Kong and the Cayman Islands. Brian was appointed to the Attorney General’s B Panel in March 2009.

In judicial review, Brian has a particular expertise in the EU, competition and regulatory fields including Competition Commission investigation cases, utilities regulation and pharmaceuticals.

In human rights, Brian has acted for applicants before the European Court of Human Rights and the General Court of the EU and advised the UK media on ensuring press freedom in EU choice of law legislation ("Rome II"). Brian is currently acting for a number of individuals and companies whose assets have been frozen under EU anti-terrorist legislation.

• R(Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  Brian acted in the Court of Appeal for a vending machine supplier challenging the Government’s decision to ban tobacco vending machines on the basis that it contravened EU free movement rules and the ECHR.
• Leyton Orient Football Club Ltd v Secretary of State for Culture, Media and Sport and ors (2011)
  Brian acted for the Football Association Premier League in its intervention in Leyton’s challenge to the Government’s decision to allow and approve West Ham’s move to the Olympic Stadium.
• R(ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  Brian acted in the Court of Appeal for a major US satellite operator challenging Ofcom’s decision to request the International Telecommunications Union to cancel its right to use certain frequencies.
• R (Imperial Tobacco) v Secretary of State for Health (Administrative Court, pending)
  Brian is acting for a cigarette manufacturer challenging the Government’s decision to ban the display of tobacco products on the basis that it contravenes EU free movement rules and the ECHR.
• R(Al Shanfari) v Secretary of State for Foreign and Commonwealth Affairs (2010)
  Brian acted for the applicant, a citizen of Oman accused of having assisted the Zimbabwean government, in his challenge to a travel ban imposed in support of EU sanctions.
• Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010)
  Brian acted (as sole advocate) for an intervener supporting the EU’s successful defence of the regulation capping mobile phone roaming charges.
• Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] 2 CMLR 32
  Brian acted for the defendant before the Court of Appeal in successfully striking out a major claim under the public procurement rules.
• Report of the Independent Commission on Banking (“Vickers Report”)(2011/2012)
  Brian is advising a major UK bank on the implications of the Government’s decision, in light of the financial crisis, to ring-fence retail from investment arms of banks.
• Anderson Ross Group v Financial Services Commission; Financial Services Review Panel (pending)
  Brian is acting in this major financial services judicial review in Mauritius which relates to the proper application of fundamental human rights principles in the Mauritian Constitution and common law principles of procedural fairness.
• Brian is currently (2011) advising individuals whose assets have been frozen in the UK pursuant to EU measures designed to assist the new Egyptian government recover monies allegedly wrongfully removed under the previous regime.
• Brian is currently (2011) advising a prominent educational institution as to the proper balance to strike between privacy rights under Article 8 ECHR and protest rights under Article 10 ECHR in the context of anti-capitalist public demonstrations.
• Barclay Brothers v Secretary of State for Justice (Isle of Sark Shipping) (pending)
  Brian is acting for Sir David and Sir Frederick Barclay in their challenge to the monopoly granted in respect of ferry and sea-freight services to and from the island of Sark.
• Ofgem Smart Metering Programme (2010/11)
  Brian is acting for Ofgem in its implementation of the Government’s policy of ensuring the installation of “smart” gas and electricity meters nationally.

• Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights)
• R(Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] Times Law Reports, 7 May (Court of Appeal)
• AES Kilroot v NIAUR (Utility Regulator) [2008] NIQB 62
• University of Oxford v Broughton and others [2008] EWHC 75 (QB)

Civil Fraud

Brian has substantial experience in the Commercial Court and the Chancery Division. Brian has a particular interest in fraud and injunctive work and has acted for claimants and defendants in several recent major cases in England and overseas.

• Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  Brian acted for Lotus sports cars in this major dispute with the Team Lotus Formula 1 racing team arising out of a range of agreements relating to the use of the name “Lotus” in F1.
• Madoff Securities International Ltd and Bernard L. Madoff Investment Securities LLC and ors v Dale and ors (2011, pending)
  Brian is acting for the former Finance Director of Bernard Madoff’s UK operation in resisting the claims by the trustee of Mr Madoff’s US businesses for recovery of all of the sums which Mr Madoff obtained by fraud.
• Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea (2011, pending).
  Brian is acting for the defendant in this major fraud case in the Cayman Islands arising from the alleged misappropriation of several billion dollars from a Saudi conglomerate.
• Investcorp Securities v Development and Investment Fund (2011, pending)
  Brian is acting for the claimant in this major claim for commission and other payments arising out of an aquifer infrastructure project in Jordan.
• Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] EWCA Civ 156
  Brian acted for the defendant before the Court of Appeal in successfully striking out a £4bn damages claim arising out of the award of the major PFI waste contract.
• Anderson Ross Group v Financial Services Commission; Financial Services Review Panel (2011, pending)
  Brian is acting for the accountancy firm in this financial services judicial review in Mauritius which arises from a complex international mortgage fraud in which the firm is allegedly implicated.
• Datum Finance Ltd v Mulligan (Chancery Division, 2011 pending)
  Brian is acting for the claimant in this case arising from alleged substantial property-related frauds.
• Re Bloomsbury International Ltd [2010] EWHC 1150 (Ch)
  Brian acted for the defendant in this substantial fraud action arising out of the demise of the British Seafood Group. This is a leading judgment on security and cross-undertakings in freezing order cases.

• Devenish Nutrition Ltd v Sanofi-Aventis SA & Ors [2009] 3 WLR 198 (Court of Appeal)
• Hutchinson 3G UK Ltd v O2 Ltd & Ors [2008] All ER (D) 80

Brian has a particular interest in financial services and has advised claimants and defendants in mis-selling cases, money laundering, pensions transfers and futures and options trading cases. Brian advised in relation to a major class action arising from the demise of Equitable Life. Brian acted for a leading international group of oil traders in a FSA and US Commodities and Futures Trading Commission investigation.

• Madoff Securities International Ltd and Bernard L. Madoff Investment Securities LLC and ors v Dale and ors (2011, pending)
  Brian is acting for the former Finance Director of Bernard Madoff’s UK operation in relation to the issues arising out of the worldwide Madoff fraud.
• Report of the Independent Commission on Banking (“Vickers Report”)(2011/2012)
  Brian is advising a major UK bank on the implications of the Government’s decision, in light of the financial crisis, to ring-fence retail from investment arms of banks.
• Brian is an expert witness for the defendant banks in a major US financial services case arising from the operation of collective investment schemes in the UK: Wells Fargo & Co. v United States of America due to be heard in a Federal Court in 2012.
• R(ABS Financial Planning) v Financial Services Compensation Scheme Ltd [2011] EWHC 18 (Admin)
  Brian acted for the FSCS in resisting successfully this challenge to a levy imposition under the financial services compensation scheme. The case raised the important question of whether the FSCS is under a duty to consult in respect of proposed levy.
• FSCS/Keydata
  Brian is acting for the Financial Services Compensation Scheme in its handling of compensation claims arising from the collapse of Keydata.
• Nortel Pension Fund (2011)
  Brian advised the Pension Protection Fund as to the status in an insolvency of a financial support direction from the Pensions Regulator.
• Anderson Ross Group v Financial Services Commission; Financial Services Review Panel (2011, pending)
  Brian is acting for the accountancy firm in this financial services judicial review in Mauritius which arises from a complex international mortgage fraud in which the firm is allegedly implicated.
• Seymour Pierce/UKLA
  Brian acted for the Sponsor in its dispute with the UK Listing Authority and in relation to related FSA issues.
• R (on the Application of Kaupthing Bank Hf) v HM Treasury (2010)
  Brian acted for Kaupthing Singer & Friedlander (Isle of Man) in its intervention in this challenge to the Treasury’s handling of the collapse of the Kaupthing Icelandic banking group in 2008.
• Kaupthing Singer & Friedlander (Isle of Man)
  Brian acted for the liquidators of the bank in relation to claims arising from its collapse when the assets of its sister bank were seized in the Icelandic banking crisis.

• Bankas Snoras
• IG Markets v Taaffe
• LIFFE v Molenbergnatie
• Phoenix/MG Rover
• FSA/US CFTC investigation into Vitol Oil Traders
• Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR

Brian has lectured extensively on the application in the UK of the Markets in Financial Instruments Directive (MFID) and the Market Abuse Directive.

Brian regularly appears before football and rugby arbitral tribunals and before the Court of Arbitration of Sport, as well as the Court of Appeal and the Court of Justice and General Court of the EU in sports cases. Brian was appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service. Brian was listed in “The World’s 20 Most Influential Sports Lawyers” in SportBusiness International and World Sports Law Report magazine in 2009.

• Case T-55/08 UEFA, FIFA v Commission (17 February 2011, General Court of the EU)
  Brian acted (as sole advocate) for the UK in resisting successfully FIFA and UEFA’s challenge to the decision to list the entire World Cup and European Championships as events of national importance and therefore free to view on terrestrial television under EU law.
• Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  Brian acted for Lotus sports cars in this major dispute with the Team Lotus Formula 1 racing team relating to the rights to use the name “Lotus” in F1.
• Leyton Orient Football Club Ltd v Football Association Premier League (2011, pending)
  Brian is acting for the FAPL in resisting Leyton Orient’s claim that it breached competition law in allowing West Ham or Tottenham Hotspur to move to the Olympic Stadium (which is very close to its existing ground).
• Leyton Orient Football Club Ltd v Secretary of State for Culture, Media and Sport and ors (2011)
  Brian acted for the Football Association Premier League in its intervention in Leyton’s challenge to the Government’s decision to allow and approve West Ham’s move to the Olympic Stadium.
• Brian is currently advising a poker website in relation to a very substantial damages claim, which gives rise to complex issues of jurisdiction and choice of law.
• British Horseracing Authority/Tyrell (2011)
  Brian acted for the appellants in their challenge to a ban imposed for interfering with a horse race in the UK.
• Chelsea FC v Adrian Mutu (2010)
  Brian acted for Chelsea FC in the Court of Arbitration of Sport (CAS) in its (successful) defence in Adrian Mutu’s appeal against the order by the FIFA panel that he pay the club £18m. Mr Mutu claimed that the severity of the compensation and the allegedly discriminatory nature of its assessment breached EC competition law.
• FIFA “6+5” Rule in football (2010)
  Brian advised in relation to this controversial proposal from FIFA regarding nationality restrictions in club sides and its compliance with EC free movement and competition rules.
• FA dispute re new WADA “whereabouts” rules (2010)
  Brian acted for the FA in relation to its dispute with UK Sport and WADA regarding the new World Anti-Doping Association International Standard for Testing to football, which requires each player in the England squad to provide “whereabouts” information including 365 day one hour a day coverage.
• Association of Rugby Agents v Premier Rugby Limited
  Brian acted for the ARA in relation to its dispute with PRL regarding the PRL decision that its member clubs may not be responsible for the payment of agents’ fees for services on behalf of a player.
• Proposed Licensing System for the Rugby League Super League 2012-2014
  Brian acted for the Rugby Football League in relation EC competition law issues and revisions to its licensing system Super League 2012-2014.
• British Horseracing Authority/Phelan (2010)
  Brian acted for the appellants in their challenge to a ban imposed for breach of the rule prohibiting owners laying their horses in English races.

• District Government of Dusseldorf v Betfair (2009)
• Betfair v Horserace Betting Levy Board (2009)
• Football Players’ Agents’ Regulations (2007/2008)

During the run-up to Euro 2004, Brian appeared on behalf of UEFA on a number of injunctions against various unauthorised sports travel and hospitality businesses which had been offering Euro 2004 tickets for sale and in promotions. These cases were part of UEFA’s drive to address the widespread unlawful and/or illegal practice of trading in tickets. Injunctions were obtained in all the contested hearings in this matter

Brian has a particular interest in betting and gaming and has advised widely on the implications of the Gambling Act for on-line and off-line operators. Brian acted for the Tote in relation to securing interim relief against off-shore internet gaming websites. Brian appeared for the successful betting exchange in R (on the application of Sporting Options plc) v Horserace Betting Levy Board and ors [2003] EWHC 1943 (Admin) where the annual levy imposed on bookmakers was challenged on the basis of domestic rules of rationality and procedural fairness and on the basis of the EC State aid rules.

Brian has appeared in the majority of the leading telecommunications cases in the UK over the last seven years, in the CAT, Court of Appeal and Court of Justice of the EU. Brian acts for regulators, operators and consumers and specialises in the overlap between telecommunications law and competition law. 

• Brian is acting for the mobile operator Three in relation to the Mobile Call Termination appeal before the CAT and the Competition Commission and in relation to the proposed auctions of mobile spectrum (2011/2012).
• Brian is acting for the Telecommunications Regulatory Commission of the BVI in its investigations of margin squeeze by Digicel and LIME in the Caribbean and in relation to the proposed price control for mobile termination in the BVI (2011/2012).
• Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc (17 February 2011)
  Brian acted for the applicant in this reference from the Court of Appeal relating to scope of the Universal Service Directive in telecommunications.
• British Telecommunications plc v Ofcom (MCT) [2011] EWCA Civ 245
  Brian acted for the intervener in this important appeal relating to the right of an appellant to rely on material in the CAT not previously put to Ofcom in a dispute under s. 185 of the Communications Act 2003.
• British Telecommunications plc v Ofcom (MCT) [2011] CAT 31
  Brian acted for the intervener in this appeal relating to the admissibility of materials before the Competition Commission in a price control.
• Everything Everywhere Ltd v Ofcom (0845/0870) [2011] CAT 26
  Brian acted for the intervener in this appeal relating to the appropriate relief where the regulator’s decision had been set aside by the CAT.
• British Telecommunications plc v Ofcom (080) [2011] CAT 15
  Brian acted for the intervener in this appeal relating to the ability of Ofcom to rule on disputes referred to it under the Communications Act.
• Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010, Court of Justice of the EU)
  Brian acted (as sole advocate) for an intervener supporting the EU’s successful defence of the regulation capping mobile phone roaming charges. This is now a leading case on the use of Article 114 TFEU as a legal base for pro-consumer EU telecommunications legislation.
• Telefonica O2 Ltd v Ofcom [2010] CAT 25
  Brian acted for the interested party in this important case relating to mobile spectrum release in the UK.
• Vodafone Ltd v British Telecommunications Plc [2010] EWCA Civ 391
  Brian appeared for an intervener in this important case relating to the retrospective effect of Ofcom’s price fixing rulings.
• British Telecommunications Plc v Ofcom [2010] CAT 17
  Brian acted for the intervener in this important case relating to the limits on the use of previously un-used material in a merits appeal before the CAT.

• Ofcom v Floe Telecom Ltd [2009] EWCA Civ 47; [2009] UKCLR 659
• Hutchison 3G UK Ltd  v Ofcom [2009] EWCA Civ 683
• Hutchison 3G UK Ltd v Ofcom [2009] CAT 11
• Vodafone Ltd v Ofcom [2008] CAT 22
• Hutchison 3G UK Ltd v Ofcom [2008] CAT 10, [2007] CAT 33
• Hutchison 3G UK Ltd v Ofcom [2008] CAT 5
• Software Cellular Network Ltd v T-Mobile (UK) Ltd [2007] All ER (D) 314

Brian has extensive experience in broadcasting litigation, particularly in the overlap between media/broadcasting law and EU law.

• Case T-55/08 UEFA, FIFA v Commission (17 February 2011, General Court of the EU)
  Brian acted (as sole advocate) for the UK in resisting successfully FIFA and UEFA’s challenge to the decision to list the entire World Cup and European Championships as events of national importance and therefore free to view on terrestrial television under EU law.
• R(ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  Brian acted in the Court of Appeal for a major US satellite operator challenging Ofcom’s decision to request the International Telecommunications Union to cancel its right to use certain frequencies.
• Scandinavian Broadcasters/Ofcom (2011)
  Brian is acting for a group of broadcasters based in the UK but broadcasting abroad in relation to Ofcom proposed changes to the advertising minutage rules.
• Brian advised and represented Oxford University in relation to the media campaign run by animal rights activists in respect of animal testing at the University. The cases where injunctions were granted (University of Oxford v Broughton and others (2010/2011) are leading authorities on the balance to be struck between Article 10 and 8 ECHR. 
• Brian is currently (2011) advising a prominent educational institution as to the proper balance to strike between privacy rights under Article 8 ECHR and protest rights under Article 10 ECHR in the context of anti-capitalist public demonstrations.
• Broadcasting Product Placement (2010)
  Brian advised (with James Eadie QC) the Department of Culture, Media and Sport in relation to the proposed changes to the rules restricting product placement in UK broadcasting.

• Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights)
• Channel 6 (2009)
• BBC Trust/Freesat

Brian has extensive experience in appearing for and against the regulatory authorities in all aspects of pharmaceuticals litigation, including licensing, health issues, parallel importation and economic assessments by NICE.

• Case C-308/11 Chemische Fabrik Kreussler & Co GmbH (2011, pending)
  Brian is acting (as sole advocate) for the UK in this reference relating to the extent to which national authorities may have regard to Commission guidance on medical devices in determining whether a proposed medicinal product has a pharmacological action.
• R(Napp Pharmaceuticals) v Home Office (2010)
  Brian acted for the Home Office in relation to Napp’s challenge to Government policy on the import of oxycodone to the UK, with particular reference to import for re-export.

• R(Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] Times Law Reports, 7 May (Court of Appeal)

Brian has extensive experience of conflicts cases, and was involved in the pre-legislative consultation on “Rome II”.

• Case C-139/10 Prism Investments (2011, pending)
  Brian is acting (as sole advocate) for the UK in a reference from the Dutch Hoge Raad relating to the circumstances in which a court may refuse to enforce a judgment on public policy grounds under Regulation 44/2001.
• Madoff Securities International Ltd and Bernard L. Madoff Investment Securities LLC and ors v Dale and ors (2011, pending)
  Brian advised the former Finance Director of Bernard Madoff’s UK operation in relation to jurisdiction issues arising out of claims against his co-defendants based outside the UK and the US.
• Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea (2011, pending).
  Brian is acting for the defendant in this major fraud case in the Cayman Islands arising from the alleged misappropriation of several billion dollars from a Saudi conglomerate. The defendant challenges the jurisdiction of the Cayman Islands and his appeal is currently before the Privy Council.
• Sintesi e Ricerca v Royal Dutch Shell (Chancery Division, 2011 pending)
  Brian is acting for the defendant in this claim for damages arising from the Paraffin Wax cartel decision of the European Commission. The case gives rise to complex questions of jurisdiction and choice of law as the cartel members, relevant activities and victims are spread across several jurisdictions.
• Re Bloomsbury International Ltd [2010] EWHC 1150 (Ch)
  Brian acted for the defendant in this substantial fraud action arising out of the demise of the British Seafood Group. The case raised jurisdiction issues in relation to the power of the English to regulate foreign assets under the freezing order jurisdiction.

• Provimi v Aventis SA.
• Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR 51

Publications:

• “Anti-trust forum-shopping in England: is Provimi Ltd v Aventis correct?” (May 2010) CPI Anti-Trust Journal 46 (cited in Cooper Tire & Rubber Co v Shell Chemicals UK Ltd [2010] EWCA Civ 864).
• Co-author of Human Rights Law and Practice edited by Lester & Pannick (3rd ed., 2009) – chapters on Article 6 and 8 ECHR and Administrative Court: Practice and Procedure (1st ed., 2006).
• “Piggybacking tips: lessons from the section 47A case-law” (2009) Competition Law Journal 180
• Major author of the chapter on competition law in the 2nd edition of Sport: Law and Practice (eds. Lewis and Taylor)(2008).
• Author of the competition law chapters in Schmitthoff’s Export Trade (11th ed.)(2007) and Employee Competition (2007).
• Co-author of EU Competition Law: General Principles (2006)
• Co-author (with David Vaughan QC) of Competition Law: Abuse of a Dominant Position (2005) in the Encyclopedia of EU Law (eds Vaughan and Robertson).
• “Regulators and Split Personality” (2007) Legal Week 30
• “Judicial Review and the Competition Appeal Tribunal” (2006) Judicial Review.
• “Damages actions before the CAT and the passing on defence” (2004) Competition Law Journal 238.

Other Information

VAT registration number:  757123529