Emily Neill

Emily has been involved in a wide range of commercial disputes and advisory work during her time in Chambers, both as a tenant and as a pupil. She is regularly instructed in the County Court and High Court, and has experience of high value international commercial litigation and arbitration. She has experience of applications for a variety of injunctions including search orders and freezing injunctions. As a pupil she assisted in a number of civil fraud cases.

• Merlin Mineral Resources Limited and Hugh Brown and Associates (PTY) Limited v Kermas Limited (Eastern Caribbean Supreme Court, 2011)
  Junior counsel for claimants in an application for a $57 million freezing injunction arising out of the exploitation of African mining concessions, following termination of arbitration proceedings (led by Stanley Brodie QC).
• Unit Export v Pennelli Veicoli Speciali
  Sole counsel for the Claimant in a jurisdiction dispute in the High Court, related to a claim arising out of a contract for the supply of water trailers to the South Sinai Regional Development Programme in Egypt.
• Brown v Emirates
  Sole counsel for Emirates in a successful application for strike out/summary judgment.
• Serious Organised Crime Agency v Perry
  A high value Proceeds of Crime Act case in the High Court, which included experience of ex parte search and freezing orders (assisting supervisor Tom Weisselberg and Tony Peto QC).
• Weavering Capital (UK) Ltd v Peterson and others
  A claim arising from the collapse of the $500 million Weavering hedge fund, raising issues of deceit/misrepresentation, breach of fiduciary duty, negligence, and breach of statutory duty (assisting supervisor Tom de la Mare).
• Other confidential cases
  Emily has been instructed to advise in a number of high value commercial disputes involving, amongst other matters, principles of contract law, conflicts of law and complicated issues within the law of agency.

Emily now practises in a broad range of European & Competition Law, having focused on this area during her academic career.  Emily regularly advises in this area, particularly in on the impact of European obligations on domestic sectoral regulation. 

• R (TNT Post) v HMRC and Royal Mail ongoing
  Acting for Royal Mail on TNT’s challenge to the legality of the Royal Mail’s VAT exemption.  The ECJ ruled on a preliminary reference in April 2009; follow on and existing claims ongoing (with Javan Herberg QC).
• Transposition of “Third Package”
  Emily spent five months working at OFGEM advising on the transposition of a package of EU legislation on electricity and gas markets intended to further liberalise European energy markets (“Third Package”).  This required detailed analysis of both the European Directives and Regulations involved and existing gas and electricity licence conditions and legislation.
• Cases T-68/08, T-385/07and T-55/08FIFA and UEFA v European Commission.
  Emily travelled to Luxembourg for the hearing before the CFI/General Court, assisting Tom de la Mare and subsequently Brian Kennelly for the United Kingdom as intervener in actions brought by FIFA and UEFA in relation to the Commission’s approval of the UK and Belgian notification of listed events mandatorily broadcast on free television (which included the entire FIFA World Cup and UEFA European Championships).
• Chemistree v TEVA Pharmaceuticals; Chemistree v Roche Products (ongoing)
  Emily is instructed as Junior Counsel in a number of claims brought by a group of pharmacies against multiple pharmaceutical companies in abuse of dominance through refusal to supply certain drugs. The litigation has involved a number of interim stages, including a three day application by TEVA Pharmaceuticals for £1.7 million in security for costs in which Emily acted as Junior Counsel for Chemistree (led by Monica Carss-Frisk QC).
• R (Nokia) v Her Majesty’s Revenue & Customs
  Reference to the ECJ by the Court of Appeal concerning the meaning of "counterfeit goods" under the Trade Marks Directive,  (assisting supervisor Tom de la Mare acting for HMRC).
• EU social security
  Emily was involved in a number of social security cases for the Department of Work and Pensions concerning the exportability of benefits such as disability living allowance, which involved litigation before the Social Security Tribunal (including cases 068/09/01987 Hamilton v Secretary of State for Work and Pensions, 064/09/02145 Hingley v Secretary of State for Work and Pensions, 064/09/02146 Stevens v Secretary of State for Work and Pensions) and questions referred to the European Court of Justice in the Lucy Stewart litigation, (assisting supervisor Tom de la Mare).
• Apollo v OFT (construction cartel)
  Appeal in the CAT against a fine imposed on a construction company by the OFT in relation to cartel activity (assisting supervisor Tom de la Mare).
• Emily was also involved in a high value follow-on cartel damages claim (assisting supervisor Tom de la Mare).

Emily’s work covers all aspects of public and human rights law. She is regularly instructed to advise on European Convention of Human Rights and Human Rights Act issues. She has experience of and advises on regulatory issues.

• The Woolf Inquiry: LSE’s links with Libya
  Emily was sole Junior Counsel to Lord Woolf in his Inquiry into the London School of Economics’ links with Libya. Lord Woolf’s Report was published in November 2011 (www.woolflse.com). It has been well received by the higher education sector and press as a Report setting ethical standards in higher education. It was highly recommended by the Financial Times and has been seen as of wider relevance for ethics in the corporate and business sector. In recognition of her work on the Inquiry Lord Woolf presented Emily with the traditional red bag for excellence as a Junior Counsel; the only such bag which Lord Woolf has given.
• R v Waya (Supreme Court, March 2012)
  Emily was instructed to appear in the Supreme Court by the Secretary of State for the Home Department, intervening in this appeal concerning the valuation of benefit in confiscation proceedings under the Proceeds of Crime Act 2000 (with Lord Pannick QC and Mark Vinall).
• Corner House Research v Export Credits Guarantee Department
  Application for judicial review of the ECGD’s decision to change the screening process it applies to applications by British exporters (assisting supervisor Catherine Callaghan and Monica Carss-Frisk QC) 

Human Rights

• Serious Organised Crime Agency v Gale (Supreme Court 2011)
  Emily was instructed to research and prepare argument on behalf of SOCA in response to an application to the Supreme Court that Article 6 ECHR required that Part V of the Proceeds of Crime Act 2000 be read down so as to require the application of the civil standard of proof, or be declared incompatible with the Convention. 
• Emily advises a British Crown Dependency (as Junior Counsel to Lord Lester QC) on the compatibility of various aspects of their legislation and practice with Convention Rights, in contexts including police powers of search and seizure, regulation of the legal profession, powers of arrest and detention, and the legal aid system.  
• Scopelight & Ors v Chief Constable of Northumbria Police & Federation Against Copyright Theft [2009] EWCA Civ 1156
  A case in which the Court of Appeal held that the police had power under section 22 of the Police and Criminal Evidence Act 1984 to retain seized material in circumstances where the Crown Prosecution Service had declined to bring a prosecution and FACT wished to commence a private prosecution for copyright infringement (assisting supervisor Tom Weisselberg).
• Tobacco control litigation
  A challenge brought by The National Association of Cigarette Machine Operators ("NAMCO") to legislation banning cigarette vending machines, raising Article 10 commercial free speech and European free movement issues (assisting supervisor Tom de la Mare).

Regulation

• Consequential Amendments to the Legal Services Act 2007
  Emily was junior counsel to Emma Dixon, advising the Solicitors Regulation Authority on the potential impact upon existing legislation of the coming into force of Part V of the Legal Services Act 2007 (alternative business structures for the provision of legal services). 
• Colman v General Medical Council [2010] EWHC 1608 (QB)
  A judicial review challenge to decisions of Professional Conduct Committees taken in the 1980’s which raised the question whether the preparation of draft determinations by the GMC’s Deputy Registrar who also retired with the Committees rendered those determinations unlawful by virtue of apparent bias (assisting supervisor Catherine Callaghan).
• As a pupil, Emily gained experience in regulatory and professional disciplinary matters. This included advisory work concerning the statutory obligations of various regulatory bodies and a number of statutory appeals to the Administrative Court (assisting supervisors Tom Weisselberg and Catherine Callaghan).

Emily undertakes a broad range of employment related litigation and advisory work. She was instructed to appear in the Supreme Court as Junior Counsel for the Respondent in Seldon v Clarkson Wright and Jakes, a key case on the justification of age discrimination.

Emily has acted in Employment Tribunal cases covering unfair and wrongful dismissal, unlawful deduction from wages, age, race and religious discrimination and whistleblowing. She is regularly instructed for both full hearings on merits and quantum, as well as interlocutory proceedings including CMDs and PHRs. 

Emily has experience of High Court litigation arising out of restrictive covenants, including experience of ex parte injunctions (assisting supervisor Tom Croxford). She is a contributor to Tolley’s Handbook on Discrimination Law (2011), and writes on issues of employment law and discrimination law.

• Seldon v Clarkson Wright and Jakes
  Junior Counsel for the Respondent in the Supreme Court in an age discrimination claim arising out of a mandatory retirement age in a partnership agreement. This is the first substantial case seeking to justify a mandatory retirement age for a partnership.
• Stoate v Euler Hermes
  Counsel for the Respondent in a high value age discrimination claim founded upon Euler Hermes’ redundancy and pension schemes.
• Handel v Ask Restaurants
  Counsel for Ask Restaurants in a successful application to strike out a claim in discrimination on the grounds of religion.
• Adan v Tesco Stores Limited
  Counsel for Tesco in a whistleblowing claim and claims in unfair dismissal, discrimination/victimisation on grounds of race and religious belief, and detriment as the result of an alleged protected disclosure.
• Anwanyu v Tesco Stores Limited
  Counsel for Tesco in a claim in unfair dismissal, discrimination/victimisation on grounds of race and religious belief.
• Faraji v Encompass Digital
  Counsel for the Respondent in a successful application to strike out a claim in unfair dismissal.
• Phoenix Partners Group LLP v Maurice Asoyag [2010] EWHC 846 (QB)
  A case setting aside an injunction preventing Mr Asoyag from joining GFI Bank until the expiry of his restrictive covenants. The High Court held that the covenants did not prevent work taking place where Phoenix had ceased to undertake work of a similar type as a result of Mr Asoyag’s departure (assisting supervisor Tom Croxford).
• Whitney v Monster Worldwide Ltd and another [2010] All ER (D) 22 (Jun)
  The Chancery Division dismissed an application for the costs of the discontinuance of Mr. Whitney’s action against the second defendant to be paid by the first defendant on the basis that in light of the relevant case law, it was not appropriate for the first defendant employer to pay the second defendant's costs (assisting supervisor Tom Croxford).
• ODL Derivatives v McGrath
  A case involving proprietary and non-proprietary domestic freezing orders and high value non-proprietary worldwide freezing orders (assisting supervisor Tom Croxford).
• Attias v Altera
  Age discrimination claim by a senior director (assisting supervisor Tom Croxford)

Emily has experience in telecommunications matters, including:

• Vodafone v BT [2010] EWCA Civ 391
  Court of Appeal litigation concerning the ex ante nature of Ofcom’s powers when dealing with mobile call termination rates imposed by Ofcom using its powers to impose conditions to combat the misuse of SMP (assisting supervisor Tom de la Mare).
• Spectrum liberalization
  Advisory work for O2 on EU spectrum liberalisation instruments (assisting supervisor Tom de la Mare and Tom Richards).
• Various confidential cases
  Emily has advised in a significant number of highly confidential telecommunications matters, and has been involved in number of disputes between various telecommunications operators.

Emily has been involved in a number of media and entertainment cases.

• The Sugababes litigation ; Taylor v Le Bon & Ors
  Partnership disputes between former band members (assisting supervisor Tom Weisselberg).
• PPL v BHA
  An appeal by PPL against the Copyright Tribunal’s decision in relation to the licensing of background music (assisting supervisor Tom Weisselberg).
• A claim by VPL for monies due under a licence (assisting supervisor Tom Weisselberg).
• Aramid Entertainment v Vertigo Films
  A dispute arising out of a film finance agreement (assisting supervisor Tom de la Mare).

Emily acts in litigation involving all aspects of private international law. She advises on applicable law, jurisdiction, issues of lis pendens and the provisions of the European Service Regulation.

• Unit Export v Pennelli Veicoli Speciali
  Emily was sole counsel for Unit Export in this High Court dispute which involved a number of issues of private international law. Those included a complicated lis pendens issue and a dispute as to the interpretation of a putative jurisdiction clause and its compliance with the requirements of Article 23 of the Brussels Regulation, as well as issues of interpretation of a number of provisions of the Service Regulation.

During pupillage, Emily assisted in a dispute relating to sovereign immunity of a Head of State (assisting Maurice Mendelson QC) .

Emily tutored in Public International Law at the University of Oxford during her BCL.

During her Bar Vocational Course year, Emily volunteered at the AIRE (“Advice on Individual Rights in Europe”) Centre, advising on the European Convention on Human Rights and European Union rights issues, as part of which she attended the European Court of Human Rights Grand Chamber hearing of A v United Kingdom (concerning the UK’s anti-terrorism legislation).

Memberships:

• Bar European Group (BEG)
• Constitutional and Administrative Law Bar Association (ALBA)
• Employment Lawyers Association (ELA)

Publications:

• Tolley’s Discrimination Law Handbook (2011). (Sections on: Jurisdiction and Limitation Period, Contract Workers, Job Applicants, Partnerships, Trade Associations, and Individual Liability.)
• CRD3 Remuneration rules and existing agreements: an English perspective (with Simon Pritchard).  Butterworths Journal of International Banking & Financial Law (Vol 26 No3).
• Sport: Law and Practice (Lewis and Taylor). Emily will be co-editing the chapter on Sport and Discrimination in the forthcoming 3rd Edition.

Prizes and Scholarships:

• First Place, Comparative Public Law, BCL, Oxford University (2009).
• Arts and Humanities Research Board Highest Award Scholarship for Postgraduate Study (2008-2009).
• Major Scholar, Inner Temple (2007-2008).
• Proxime Accessit to the Wronker Prize for the Overall Best Performance in Final Examinations 2007, Oxford University.
• Field Fisher Waterhouse Prize for Highest Mark in European Community Law, Oxford University (2007).
• Manches Prize for Highest Mark in Family Law, Oxford University (2007).
• Lovells’ Prize for Exceptional Academic Performance in Second Year of Legal Studies at Oxford (2005).
• Norton Rose Prize for Highest Result in Law Moderations, Magdalen College (2004).
• Scholar, Magdalen College, Oxford (each academic year between 2003-2007).
• The Weil Award 2004 from the Northern Ireland Modern Languages Association/University of Ulster for Achievement in Multiple Modern Languages.

Other Information:

VAT registration number:  998350367