Dinah Rose QC

Called to Bar:
1989
Appointed to silk:
2006
Practice areas:
Degrees:
BA (Hons) First Class, Magdalen College, Oxford (Modern History), Post-Graduate Diploma in Law with distinction, City University

Chambers UK 2016

Dinah is ranked as a ‘Star at the Bar’ with recommendations in eight practice areas.  In three of these practice areas, Dinah is ranked in the ‘Star’ category and in the top band for three more areas.

  • Star at the Bar: "Dinah Rose QC enjoys a reputation as one the most supremely talented advocates of her generation, and is known as an utterly formidable courtroom performer who is unafraid of going into battle in the most difficult of cases on behalf of her clients. Her highly accomplished appearances in many of the leading cases of the day lead market sources to be effusive in their praise for her, saying that “she is a strong leader in a team, who has excellent oversight of the issues in a case, and is very creative and authoritative. Her advocacy is absolutely compelling.” She counts among her many areas of expertise administrative and public, civil liberties and employment law, in which spheres she undoubtedly stands at the very top of the tree. Sources particularly rate her “ability to make very complicated legal and factual issues straightforward both for the client and the judge” and her “frankly brilliant advocacy that is very engaging and persuasive.” She offers additional prowess in competition, European and telecommunications disputes. Her reputation as an exceptionally robust counsel has led to her appearing in a large number of the most important cases heard in London.
  • Administrative & Public law: Dinah is ranked in the “star” category.  “She is the best advocate at the Public Law Bar and engages with judges at a level that most won't dare.” “An outstanding public lawyer, Dinah is a committed and forceful advocate who is fearless in politically charged cases.”
  • Civil Liberties: Dinah is ranked in the “star” category –  “Wonderful to be in court with, she has a style and manner that is genuinely refreshing.”
  • Professional Discipline & Regulatory – “She is a very able advocate who takes no prisoners.”
  • Telecommunications: Dinah appears in the top rank – “Utterly spectacular in the courtroom. She was a team player, and the way she presented was so effective; she was so well prepared and knew the case inside out.” “She was very commercial, proactive and strategic, which was really beneficial for us.”
  • Employment law: Dinah is ranked in the “star” category.  “An absolute star who is a fantastic advocate.”
  • Competition – Top ranked. “One of the most formidable advocates around, she is exceptionally creative in her submissions and able to distil the issues into a few crisp legal points." "She holds the attention of the tribunal far more effectively than most advocates.”
  • European Law – Top ranked. “Rose is absolutely brilliant. She can make a very complex legal and factual issue very straightforward for both the client and the judge; frankly a brilliant advocate.”
  • Immigration – “She is shrewd, is excellent to work with and is a phenomenal advocate.” “She is devastating in court. Really impressive.” “She is an extremely effective cross-examiner, and provides really powerful submissions. She is a very tough opponent.”

The Legal 500 2015

Dinah is ranked among the Leading Silks in seven fields with three top rankings:

  • Administrative & public law - Top ranked. “A brilliant, fearless and clear advocate.”
  • Civil Liberties & Human Rights - Top ranked. “A real star; extremely bright and practical.”
  • Employment law – “She is highly impressive and hugely intelligent, and has talent for winning hard cases where others might not.”
  • Environment: ranked – “Sought after for her experience in air pollution matters.”
  • EU & Competition – “Always phenomenally well prepared.”
  • IT & Telecommunications – Top ranked. “Her presentation of the facts and arguments in court is an incredible spectacle.”
  • Professional Discipline and Regulatory – “Recommended for handling Financial Reporting Council investigations.”

Chambers Global 2016

  • Top ranked in Competition / EU. 

Chambers UK Top Silk Bar 100

In December 2013, Dinah was ranked as one of Chambers UK’s Top Silk Bar 100, in their inaugural listing of the top barristers practising at the Bar of England & Wales. “A formidable advocate who commands complete respect from the judiciary and is a very pleasant person to work with.” 

Dinah is ranked as one of the top lawyers in Who's Who Legal, Management Labour & Employment 2014.

The Times Law 100, (March 2012) - Dinah is featured in The Times’ list of the 100 most influential lawyers.

Professional Experience

Dinah has a broad practice, encompassing public law, competition law, EU law and employment law.

Her particular areas of interest include human rights and civil liberties, competition damages claims, telecommunications, regulation (acting for both regulators and regulated parties), and discrimination law.

She has a particular strength in written and oral advocacy, across a range of different legal fields. She has appeared in the Court of Appeal, the Supreme Court and the Court of Justice of the European Union in many of the leading cases of recent years.

Unusually, Dinah has considerable experience both of leading teams in large scale litigation in a commercial environment, and of representing individuals bringing publicly-funded claims against the State. 

Over the past year, some highlights of Dinah’s practice have included:

  • representing a journalist from The Guardian in the Supreme Court in his successful challenge under the Freedom of Information Act to the Government’s refusal to disclose letters written by Prince Charles to Government ministers (R (Evans) v Attorney General);
  • representing David Davis MP and Tom Watson MP in their continuing challenge to the statutory regime for the mass retention and use by public authorities of personal communications data, now pending before the CJEU (R (Davis and Watson) v Secretary of State for the Home Department);
  • representing Imperial Tobacco Ltd in its judicial review of the introduction of standardised packaging for tobacco products (based on EU law, IP law, public law, and human rights) (R (Imperial Tobacco and others v Secretary of State for Health);
  • representing a leading US Bank in the EU Commission’s investigation into alleged Euribor manipulation;
  • representing Visa Inc in the Commercial Court in defence of an ongoing competition damages claim brought by major retailers concerning credit and debit card fees;
  • representing members of the GMB Union in damages claims (alleging breach of Data Protection rights, breach of privacy, conspiracy, and defamation) arising out of the operation of a secret database blacklisting Trade Union activists in the construction industry;
  • representing the largest commercial broadcaster in Hong Kong in a challenge to a decision by the broadcasting regulator that its contracts and policies were anti-competitive;
  • representing a private health care provider, HCA, in a successful appeal against the Competition and Markets Authority’s decision requiring it to divest itself of two hospitals;
  • representing the successful Appellants in the Supreme Court in the case of R (Bourgass) v Secretary of State for the Home Department, establishing that the Home Office’s policies for segregating prisoners were ultra vires and unfair;
  • representing the Gibraltar Betting and Gaming Association in a judicial review of new tax legislation, based on EU law, currently pending before the CJEU;
  • representing a woman prisoner serving a life sentence in a claim alleging sex discrimination in the provision of probation hostels (R (Coll) v Secretary of State for the Home Department), currently pending before the Supreme Court;
  • representing the Law Society in its challenge to the Ministry of Justice’s decision to introduce new criminal legal aid contracts for duty solicitors.

Awards

  • One of The Lawyer Magazine’s Hot 100 UK lawyers 2015
  • Public Law Silk of the Year 2013, The Legal 500 UK Awards 
  • Competition/EU Silk of the Year 2012, Chambers Bar Awards
  • Human Rights & Public Law Silk of the Year 2011, Chambers Bar Awards
  • Barrister of the Year, The Lawyer Awards 2009
  • Human Rights Lawyer of the Year 2009 (Liberty & JUSTICE  Human Rights Awards)
  • Public Law and Human Rights Silk of the Year 2009, Chambers Bar Awards

Public Law and Human Rights

Public law, Regulatory law, and Human Rights


Dinah acts for both claimants and defendants in judicial review, statutory appeals, and hearings before specialist tribunals.

Claimants Dinah has represented range from publicly-funded individuals, and NGOs, to large commercial entities and trade associations challenging regulatory or Government decisions. Dinah has also represented JUSTICE, Liberty, and other public interest groups in appellate interventions.

She has advised and represented a wide variety of regulators, including Ofcom, Ofgem, the Human Fertilisation and Embryology Authority, the GMC and other medical regulators, the Independent Police Complaints Commission, the Advertising Standards Authority, The Teaching Standards Council, the Bar Council and the Law Society.

Current and recent work

  • Television Broadcasts Limited v Broadcasting Authority 29 January 2016
    Representing largest commercial broadcaster in Hong Kong in successful challenge to decision of broadcasting regulator alleging anti-competitive terms in contracts with artists. CFI held that the regulatory scheme failed to provide a fair hearing before an independent and impartial tribunal, and breached Art 10 of HK Bill of Rights.
  • R (Evans) v Attorney General [2013] EWHC 1960 (Admin), [2014] EWCA Civ 254, [2015] UKSC 21
    Representing journalist from The Guardian in judicial review of the Attorney General’s decision to override decision of Upper Tribunal requiring the publication of letters written by Prince Charles to Government Ministers.
  • R (Bourgass) v Secretary of State for the Home Department [2015] UKSC 54
    Representing Appellants in successful JR of decision to segregate prisoners, on grounds that it was unfair and ultra vires.
  • R (Law Society) v Lord Chancellor [2015] EWHC 295 (Admin), [2015] EWCA Civ 230
    Representing Law Society in challenge to new criminal duty solicitor contracts.
  • R (Diocese of Menevia) v City and County of Swansea Council [2015] EWHC 1436 (Admin)
    Representing Claimant in successful JR of Council decision removing free bus travel from children in faith schools (on grounds of discrimination).
  • Belhaj v Foreign Office and others IPT/13/132-9H (Nov 2014)
    Representing the claimants in proceedings before the Investigatory Powers Tribunal, which established that MI5, M16 and GCHQ’s policies for dealing with legally privileged material intercepted by them were unlawful.
  • R (Lumsdon) v Legal Services Board [2014] EWHC 28 (Admin), [2014] EWCA Civ 1276
    Representing claimants (pro bono) in High Court and Court of Appeal, in challenge to quality assurance scheme for advocates.
  • R (Imperial Tobacco) v Secretary of State for Health
    Representing Claimant in pending judicial review of legislation introducing plain packaging for tobacco products, alleging breach of EU law, IP law, and human rights law.
  • R (Gibraltar Betting and Gaming Association) v HM Treasury
    Representing Claimant in challenge to legislation taxing offshore gambling, on grounds of breach of EU law. Pending before CJEU.
  • R (ClientEarth) v SSEFRA [2013] UKSC 28, C-404/13 CJEU (Nov 2014)
    Representing Appellant in successful challenge before Supreme Court and CJEU to UK’s breach of EU air pollution limits, and lack of effective remedy for the breach.
  • Assange v CPS [2012] UKSC 22
    Representing the Appellant in challenge to validity of European Arrest Warrant issued by a public prosecutor.
  • Ladele v UK (ECtHR September 2012)
    Representing the applicant in ECtHR in a claim concerning a Christian registrar who refused to perform civil partnerships, and was disciplined for gross misconduct.

Other cases

  • Al Rawi v Security Services and ors [2011] UKSC 34
  • R (Smith) v Oxfordshire Assistant Deputy Coroner [2010] UKSC 29; [2010] 3 WLR 223
  • R (S (Sri Lanka)) v Secretary of State for the Home Department [2012] EWHC 2638 (Admin)
  • R (Sinclair Collis) v Secretary of State for Health [2011] EWCA Civ 437
  • R (Law Society) v Legal Services Commission [2010] EWHC 2550 (Admin)
  • R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Office [2009] EWHC 1159 (Admin); [2009] EWHC 152 (Admin); [2010] EWCA Civ 65; [2010] EWCA Civ 158
  • R (E) v JFS [2009] EWCA Civ 626 [2009] UKSC 15; [2010] 2 WLR 153
  • R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569
  • R (Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45; [2009] 1 AC 345
  • R (Equitable Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin)
  • R (Saunders) v Independent Police Complaints Commission [2009] EWCA Civ 187
  • Hutchison 3G  UK Ltd v Ofcom/Vodafone v Ofcom [2009] CAT 11 
  • R (Corner House and Campaign Against the Arms Trade) v Serious Fraud Office [2008] UKHL 60; [2008] 3 W.L.R. 568
  • R (Bradley and Others) v Secretary of State for Work and Pensions Administrative Court (hearing 7 February 2007) CA 7 February 2008 [2008] EWCA Civ 36; [2009] Q.B. 114

EU and Competition

Dinah acts in both regulatory investigations and appeals, and competition damages claims, in the UK, the EU and internationally.

Current and recent work

  • Arcadia and others v Visa Inc and Visa Europe (Pending, Commercial Court)
    Representing Visa Inc in defence of competition damages claim alleging that multilateral interchange fees charged on use of credit and debit cards are anti-competitive. Claim listed to be heard from October 2016.
  • Television Broadcasts Ltd v Broadcasting Authority (Hong Kong) 29 January 2016
    Representing largest commercial broadcaster in Hong Kong in Hong Kong High Court, in successful judicial review of decision of Broadcasting Authority finding some clauses in contracts with artists to be anti-competitive.
  • HCA International Limited v Competition and Markets Authority  [2015] CAT 3
    Representing HCA in statutory judicial review in CAT of decision of CMA under the Enterprise Act 2002 requiring HCA to divest two hospitals. On discovery of flaws in the CMA’s pricing analysis, the appeal was conceded by the CMA, and the matter remitted for reconsideration.
  • Major Bank v EU Commission (EU Commission)
    Representing a major US Bank in relation to Commission investigation into the alleged manipulation of the Euribor rate, and alleged information sharing. Included representing the Bank at an oral hearing before the Commission. Decision pending.
  • Cooper Tire & Rubber Co Europe Ltd v Dow Deutschland and others (pending in Commercial Court)
    Representing claimants in pending follow on damages action concerning losses arising out of the operation of a European synthetic rubber cartel.
  • Tesco v OFT [2012] CAT 31
    Representing Tesco in appeal to CAT against OFT decision finding that Tesco participated in concerted practice with the object of distorting competition in the market for British cheese in 2002 and 2003.
  • BSkyB and others v Ofcom [2012] CAT 20
    Representing Ofcom in appeals brought by BSkyB, FA Premier League and other parties against Ofcom’s decision requiring BSkyB to wholesale its sports channels to other broadcasters. Pending before Court of Appeal. 
  • Shell and others v OFT [2011] CAT 41
    Representing Shell in successful CAT appeal relating to alleged fixing of the price of tobacco.

Telecommunications

Dinah acts regularly for Ofcom and for communications providers, in the CAT and the High Court, and advises on all aspects of telecommunications regulation in the UK.

Current and recent work

  • R (EE) v Ofcom
    Representing Ofcom in pending judicial review of 4G spectrum auction.
  • BT v Ofcom (pending before CA)
    Representing cable operators in pending appeal concerning Ofcom’s regulation of charges for Ethernet services.
  • BT v Ofcom [2010] CAT 15, [2012] EWCA Civ 1051
    Acting for the Altnets intervening in appeal concerning Ofcom’s resolution of a dispute as to BT’s charges for Partial Private Circuits.

Other cases

  • BT v Ofcom (080) [2011] EWCA Civ 245
  • The Number v Ofcom Case C-16/10 (17 February 2011)
  • O2 v Ofcom [2010] CAT 25
  • H3G v Ofcom [2009] EWCA Civ 683
  • Vodafone v Ofcom [2009] CAT 11
  • O2 v Ofcom  [2008] EWCA Civ 1373; [2009] Bus. L.R. 794

Employment

Dinah has a particular interest and expertise in discrimination and equal pay, and in appellate advocacy.

Dinah was retained by the BBC in December 2012 to investigate and report on instances of harassment and bullying, and the BBC’s policies and training, in the wake of the Jimmy Savile scandal. Her report, Dignity at Work, was published in April 2013.

Current and recent work

  • R (Coll) v Secretary of State for the Home Department [2015] EWCA Civ 328
    Representing claimant in challenge pending before Supreme Court, alleging that provision of probation hostels for women discriminates on grounds of sex
  • R (Diocese of Menevia) v Swansea Council [2015] EWHC 1436 (Admin)
    Representing Claimant in successful judicial review of Council decision to withdraw free bus travel from pupils of faith schools (but not Welsh language schools), on the ground of indirect race discrimination.
  • IBM v Dalgleish and others
    Representing IBM in pending appeal against judgment finding that changes to IBM’s pension scheme breached duties of trust and confidence.
  • Construction industry blacklisting litigation
    Representing claimants who are members of the GMB in mass litigation arising out of maintenance by major construction companies of a secret database of alleged trade union activists. Alleging breaches of Data Protection Act and right to privacy, conspiracy, defamation.
  • G v BBC UKEAT/0385/14/DA (May 2015)
    Representing BBC in successful appeal against order granting anonymity to former employee who had been dismissed on grounds of alleged sexual misconduct.
  • AMEC v Law and others [2015] IRLR 15
    Representing AMEC in appeal concerning the calculation of holiday pay, by reference to voluntary overtime.
  • USDAW v WW Realisation 1 Limited (in Liquidation), C-80/14 CJEU (Apr 2015)
    Representing claimants in claim concerning duty to consult before mass redundancies (case arising out of the insolvency of Woolworths).
  • President of the Methodist Conference v Preston [2013] UKSC 29
    Representing Methodist Conference in successful appeal to Supreme Court, concerning the question whether Methodist ministers are employees.
  • North v Dumfries and Galloway DC [2013] UKSC 45
    Representing Appellants in successful appeal to Supreme Court concerning the suitability of particular male employees for the purposes of an equal pay claim.

Other cases

  • Seldon v Clarkson, Wright and Jakes [2010] EWCA Civ 899, [2012] UKSC 16
  • R (Age UK v Secretary of State for Business Innovations & Skills [2009] EWHC 2336 (Admin); [2010] ILR 260; ECJ Case C-388/07; [2009] ECR I-1569 Case C-388/07 [2009] ICR 1080
  • R (E) v Governors of JFS [2009] UKSC 15
  • Health and Safety Executive v Wilson [2009] EWCA Civ 1074
  • Bloxham v Freshfields Bruckhaus Deringer (ET) [2007] Pens. L.R. 375
  • Tofeji v BNP Paribas
  • Prebon Yamane Singapore v Spring and others
  • Villalba v Merrill Lynch (EAT) [2007] I.C.R. 469
  • B v BAA (EAT) [2005] ICR 1530 : [2005] IRLR 927
  • Maxcor v Tullett Liberty Ltd
  • Diem (Ho) v Crystal Services Plc (EAT) UKEAT/0398/05/DM, 16 December 2005
  • R (Amicus and others) v Secretary of State for Trade and Industry [2004] EWHC 860 (Admin); [2007] I.C.R. 1176; [2004] I.R.L.R. 430
  • R v MoD, ex parte Leale and Lane
  • Bahl v Law Society (2003) EAT
  • Farr and others (2003)
  • Croft v Royal Mail (2003) CA
  • Lawrence v Regent Office Care (2002) ECJ
  • RCO v Unison (2002) CA
  • Fulham FC v Tigana
  • Williamson and Everington v KoreaOnline
  • Nagarajan v London Underground [1999] 3 WLR 425 (HL (E))
  • French v Barclays Bank [1998] IRLR 646 (CA)
  • Diocese of Hallam v Connaughton [1996] ICR 860 (EAT)
  • Ratcliffe v North Yorkshire County Council [1995] IRLR 439 (HL)
  • MoD v Cannock and others [1994] ICR 918 (EAT
  • James v Eastleigh Borough Council [1990] 2 AC 751 (HL)

 

 VAT registration number:  524278446