Charlie Potter

Charlie has acted in high-level regulatory and public law proceedings before a range of courts and decision-making bodies.

In particular, he has recently been involved in cases concerning:

• the extent to which the determination of applications and disputes by public authorities needs to comply with the procedural requirements of Article 6 of the European Convention;
• issues connected with the government’s proposal for the high speed rail link known as “HS2”;
• the susceptibility of bodies to judicial review and potential challenges under the Human Rights Act 1998;
• the merits of a judicial review brought by a litigant in person on job-seeker’s allowance against a statutory regulator.

Freedom of Information: Charlie has experience of advising public bodies on the application and construction of both the Freedom of Information Act 2000, the Environmental Information Regulations 2004 (“EIR”) and the Data Protection Act 1998.

In 2010, he was instructed by Ofcom as a junior to Dinah Rose QC and Jane Collier in response to an appeal by the Information Commissioner to the Supreme Court concerning the proper application of the EIR (see below).

• Max Mosley v United Kingdom (Application No. 48009/08)
  Instructed on behalf of The Guardian newspaper to act as a junior to Lord (Anthony) Lester to intervene in Max Mosley’s unsuccessful application to European Court of Human Rights in Strasbourg: http://www.bailii.org/eu/cases/ECHR/2011/774.html
• Office of Communications v Information Commissioner [2010] UKSC 3; [2010] Env. L.R. 20
  Instructed by Ofcom (as a junior to Dinah Rose QC and Jane Collier) in its response to an appeal by the Information Commissioner to the Supreme Court concerning the proper application of the ‘public interest test’ under Regulation 12 of the EIR.
• Government of Bermuda v Ofcom & Isle of Man [2008] EWHC 2009 (Admin)
  Instructed to appear (as a junior to Robert Englehart QC) on behalf of the Isle of Man in judicial review proceedings brought (unsuccessfully) by the Government of Bermuda. The proceedings concerned Ofcom’s power to represent both Bermuda and the Isle of Man under section 22 of the Communications Act 2003 in relation to applications for putting a new satellite into space.

Regulation

Charlie has been seconded to the regulators Ofcom and Ofgem to assist their legal departments in a variety of disputes and investigations.

At Ofcom, Charlie gained extensive experience of dealing with the regulation of broadcasting, including:

• the application of general broadcasting standards under s.319 of the Communications Act 2003 and the Ofcom Broadcasting Code,
• “fairness and privacy” complaints under Part V of the Broadcasting Act 1996 and sections 7 and 8 of the Ofcom Broadcasting Code;
• procedures for handling broadcasting complaints;
• the application of Ofcom’s co-regulatory jurisdiction (with the Authority for Television On Demand) over “on-demand programme services” under Part 4A of the Communications Act 2003;
• party political broadcasting and the ‘party leader debates’ broadcast during the period of the General Election 2010; and
• the regulation of mobile telecommunications.

At Ofgem, Charlie actively assisted in ongoing legal matters arising out the regulation and investigation of utilities companies. He further assisted in the determination of complex, long-running disputes under the Electricity Act 1989.

Charlie has also represented the General Medical Council before its Interim Orders Panel.

He continues to advise Government departments in relation to the application and enforcement of statutory schemes in the public and commercial law context.

Charlie has specialist experience of advising on the regulation of broadcasting, having recently provided advice in relation to a range of broadcasting disputes, both on behalf of and against broadcasters. 

He has also acted in, and provided advice on, actions for misuse of private information involving a balance between rights under Articles 8 and 10 of the European Convention.

As a former broadcast journalist, Charlie has vital practical expertise in the logistics and processes of television and radio production, which enables him to provide practical advice in relation to the content and implications of transmitted programmes.

He has recently advised on models of press regulation in the context of Part 1 of the ongoing Leveson Inquiry, and is a contributor to the Inforrm website on aspects of media regulation: http://inforrm.wordpress.com/2011/10/06/self-v-state-the-search-for-a-model-of-effective-press-regulation-charlie-potter/

Charlie has acted in a range of County Court and High Court commercial disputes, including debt claims and actions for considerable damages in the context of goods and services.

In the broadcasting context, Charlie has advised broadcasters in relation to alleged breaches of contract by private production companies in falsifying transmitted programme footage.

He has recently acted (as a junior to Andreas Gledhill) on behalf of a director of a football club in contested insolvency proceedings to put the club into administration.

He has also been involved in various other high-value commercial disputes, including a large foreign utilities arbitration.

Charlie is a qualified employment law representative for the Free Representation Unit and has successfully represented lay claimants on a pro bono basis in the Employment Tribunal.

He has also represented many employers in responding to unfair dismissal and all types of discrimination claims in the Employment Tribunal.

• Lindley v Mecca Bingo
  Successfully defended a large company in the gambling sector against a claim for unfair dismissal by a former employee who had called a senior manager a racially derogatory term twice in a management meeting.
• Abdalla v Goldman Sachs International
  Successfully represented a large bank in responding to a claim for unlawful discrimination (on grounds of race and/or nationality) by a prospective contract worker who had failed the bank’s security checks procedure.  

Previous career:

Charlie was a broadcast journalist / producer at the BBC Newsnight until 2005, having previously worked across all the principal departments of the BBC on the BBC’s graduate production trainee scheme.

During his practice, Charlie has performed a range of talks and lectures to clients and students. In particular, he has lectured students doing the GDL at City University on principles and tips of statutory interpretation.

Prizes and Scholarships:

• Bedingfield Scholar (Gray’s Inn 2006/07)
• David Karmel Scholar (Gray’s Inn 2005/06)
• Serle Court Essay Prize for Equity & Trusts (City University, 2005/06)
• Marjorie McFarlane Prize (1999) & Gluckstein Memorial Prize (2001) (Cambridge University) 

Other Information:

VAT registration number:  940476028