James Segan

James is regularly engaged in EU and competition matters, both commercial and regulatory.

Public procurement

• Brent London Borough Council and others (Harrow London Borough Council) v Risk Management Partners Limited [2011] 2 AC 34 (Supreme Court)
  The first public procurement case ever to be heard in the Supreme Court or House of Lords, and the first domestic case on the "Teckal exemption" (as junior to John Howell QC and Javan Herberg).
• J Varney & Sons Waste Management Ltd v Hertfordshire CC [2010] Eu. L.R. 669 (High Court) and [2011] 3 CMLR 35 (Court of Appeal)
  A leading case on the duty of transparency, "abnormally low" offers and the "implied contract", arising out of the successful defence of a multi-million pound damages claim, as junior to John Howell QC).
• Electronic Data Systems v Transport Trading Limited [2008] EWHC 2105 (QB)
  A successful interim injunction application, prohibiting Transport for London from awarding a contract for operation of the Oyster card scheme (as junior to John Howell QC).

Competition and state aid

• R (Tottenham Hotspur) v Borough of Newham and ors (2011, High Court)
  State aid challenge concerning a £40 million loan by Newham from public money to a joint bid with West Ham for the 2012 London Olympic Stadium (as junior to Dinah Rose QC). 
• Philips and Ors v ALBA plc [2009] EWHC 1600 (Pat)
  A very substantial competition case concerning the application of the Article 101/102 “FRAND defence” to patent infringement proceedings brought by holders of patents in the MPEG-2 patent pool (as junior to Nicholas Green QC, Ian Mill QC and Tom de la Mare).
• Qualcomm v Nokia (2007, Court of Chancery of the State of Delaware)
  Jointly authored, with Sir David Edward QC, the UK’s former judge at the ECJ, an expert opinion on standardisation agreements and Article 81 EC, in the now-settled worldwide litigation between Qualcomm and Nokia.

Free movement

• Seaside Shipping v Isle of Man DoT (2009-12, Isle of Man High Court and Court of Appeal)
  Acting for the Claimant in an ongoing free movement challenge to the freight carriage monopoly between the Isle of Man and the UK (as junior to Michael Beloff QC).

James has substantial experience of telecommunications disputes both commercial and regulatory.

• BT v Office of Communications (Wholesale Broadband Access) (CC, 2011-12)
  Acting as sole counsel for Ofcom in a Competition Commission reference concerning whether BT should be permitted to recover part of its historic pension fund deficit through regulated wholesale broadband access charges. 
• BT v Office of Communications (Ethernet) [2011] CAT 15
  Acted as sole counsel for Virgin Media, successfully intervening in support of Ofcom in CAT appeals by BT concerning the dispute resolution mechanism.
• BT v Office of Communications (PPC) [2011] CAT 5 and [2010] CAT 15
  Acted for Ofcom in its successful defence of CAT appeals by BT concerning breach of cost-orientation obligations in relation to Partial Private Circuits (as junior to Pushpinder Saini QC). 
• R (Data Broadcasting International) v Office of Communications [2010] A.C.D. 77 (High Court)
  A leading case on the legal classification of a broadcasting licence, arising from a damages claim concerning digital switchover (as junior to Pushpinder Saini QC).
• T-Mobile (UK) Ltd v Office of Communications (DCC) (2010, CAT)
  Acted for Hutchison 3G Limited, intervening in CAT appeals relating to cost-orientation obligations concerning Donor Conveyance Charges.
• Carphone Warehouse v Office of Communications [2010] CAT 26, 27
  Acted for Ofcom in defence of non-price control CAT appeals brought by Carphone Warehouse against local loop unbundling decision (as junior to Dinah Rose QC).
• Edge Telecommunications Limited v Secretary of State for Business, Information and Skills (2010-12, High Court)
  Ongoing Francovich damages proceedings against the United Kingdom in relation to the Authorisation and RTTE Directives.
• T-Mobile (UK) Ltd v Office of Communications (Spectrum) [2009] 1 W.L.R. 1565 (Court of Appeal)
  Represented the intervener, Hutchison 3G Limited, in the Court of Appeal in this dispute concerning the jurisdiction of the Competition Appeal Tribunal over a spectrum reallocation decision.

James regularly acts and advises in public law and human rights matters, in particular in the context of regulatory and European law work.

• Austin and others v the United Kingdom (2011, ECHR Grand Chamber)
  Appeared for the UK in test case brought under Article 5 ECHR arising from the use of containment by the Metropolitan Police on May Day 2001, (as junior to Lord Pannick QC). 
• R v Chaytor and others [2011] 1 AC 684 (Supreme Court)
  Acted for the Crown in the landmark Supreme Court decision which established that Parliamentary privilege does not prevent the criminal prosecution of MPs and Peers for alleged expenses fraud (as junior to Lord Pannick QC in the Crown Court, Court of Appeal and Supreme Court).
• Isle of Anglesey County Council and anor v Welsh Ministers and ors [2010] QB 163 (Court of Appeal)
  Acted for the Defendants in this prominent authority on statutory interpretation, which arose from proceedings concerning the vires of a fishery order.
• R (Risk Management Partners) v Brent LBC [2010] P.T.S.R. 349 (Court of Appeal)
  Acted for the Claimant in this leading decision on local authority powers including the "well being" power (as junior to John Howell QC and Javan Herberg).
• A and ors v Secretary of State for the Home Department [2005] 2 AC 68
  Successful House of Lords appeal by suspected terrorists against their detention without trial in Belmarsh prison (as pupil to Tom de la Mare).

James acts in substantial commercial disputes and arbitrations both as sole counsel and a junior. 

General Commercial

• SSL International Plc v TTL LIG Ltd [2011] EWCA Civ 1170
  A leading authority on service of proceedings on foreign companies, both in and out of the jurisdiction (as junior to Tom de la Mare).
• Apple Inc v Nokia Corp (2011, High Court)
  Acted for Nokia in respect of licence and entitlement to sue issues in the UK branch of the worldwide litigation with Apple relating to the iPhone.
• London Borough of Southwark v Connor & Ors [2012] Env. L.R. 1
  Acted for Southwark in the 25-day trial of fraud, trespass and nuisance claims which resulted in a judgment for over £1 million (as junior to Robert Howe QC).
• ITQ Image Through Quality v Hale (2010, High Court)
  Acted as sole counsel for the Claimant at the trial of claims for breach of contract, confidence and fiduciary duty, listed for five days and which settled after two.
• Serious Organised Crime Agency v Fielding and anor [2009] All ER (D) 140
  Acted for SOCA in successful civil recovery proceedings under sections 243 and 266 of the Proceeds of Crime Act 2002.
• Neo Sports v Star India (2008, SIAC Arbitration)
  A commercial arbitration concerning the $612m broadcasting rights for Test and One-Day International cricket in India (as junior to Ian Mill QC).

Financial Services

• Landsbanki v Financial Services Authority (2008, advisory)
  Advised the Icelandic bank Landsbanki, during the financial crisis, as to the extent of the FSA’s powers under EU law to impose restrictions in respect of “Icesave”, the UK savings arm of the bank (with Thomas Beazley QC).
• Split Capital Investment Trusts (2007)
  Advised as part of a five-counsel team in a regulatory matter arising from the collapse of Split Capital Investment Trusts.

James appears and advises in sports law matters both commercial and regulatory. He is often instructed in disciplinary hearings and has appeared for a number of different governing bodies.

• RFU v Viagogo Ltd [2011] EWCA Civ 1585
  Acted for the RFU in a groundbreaking Norwich Pharmacal application against the online operator Viagogo in relation to the unlawful re-selling of tickets for rugby union internationals (as junior to Andrew Green QC and Ian Mill QC).   
• FA v QPR (2011, FA Disciplinary Tribunal)
  Acted for the FA in the successful prosecution of QPR for failing to make disclosure of "third party" arrangements concerning Alejandro Faurlin (as junior to Adam Lewis QC). 
• RFU v Delon Armitage (2011, RFU Disciplinary and Appeal Tribunals)
  Acted for the RFU in the successful prosecution of the England and London Irish player Delon Armitage for pushing and abusing a UK Anti-Doping official.
• RFU v Brendan Venter (2010, RFU Appeal Tribunal)
  Acted for the Saracens coach Brendan Venter in his appeal against a 14-week match day ban for provoking a Leicester Tigers crowd at an away match (as junior to Adam Lewis QC).
• RFU v Harrison, Lipman, Crockett and Higgins (2009, RFU Disciplinary and Appeal Tribunals)
  Successful prosecution of four Bath Rugby Club players in relation to their refusal to take drugs tests following allegations of cocaine abuse in mid-2009 (as junior to Andrew Green QC).
• Ohuruogu v British Olympic Association (2008) I.S.L.R., 2/3, SLR 113
  Appeal by the 400m sprinter Christine Ohuruogu against the life ban imposed in respect of Olympic competition (as junior to Adam Lewis, for BOA).
• RFU v Haskell (2008, RFU Disciplinary Tribunal)
  Successful defence of England and Wasps player James Haskell cited for alleged head-butt during a Guinness Premiership match (reduced to dangerous play – 1 week ban).
• Neo Sports Broadcast v Star India (2008, SIAC Arbitration)
  A commercial arbitration concerning the $612m broadcasting rights for Test and One-Day International cricket in India (as junior to Ian Mill QC).
• ERC v Casey, Danaher and Murphy (2008, ERC Disciplinary Tribunal)
  Successful defence of three London Irish players cited for alleged foul play during a Heineken Cup match.
• Rabeni v RFU (2008, RFU Appeal Panel)
  Successful defence, on behalf of the RFU, of an appeal by Leicester Tigers player Seru Rabeni against a 14-week ban for foul play.

James undertakes media and entertainment matters in both the commercial and regulatory fields, including privacy complaints.

• ITV plc and ors v Performing Rights Society (2011, Copyright Tribunal)
  Acting for PRS for Music in defending Copyright Tribunal proceedings challenging ITV’s broadcast licence fee (as junior to Robert Howe QC). 
• Modest Management v Stacey Solomon (2011, High Court)
  Acted in a damages claim against the X Factor star Stacey Solomon in relation to alleged breach of an exclusive management agreement.
• Healey and ors ("The Saturdays") v Maximum Artist  (2010-12, High Court)
  Acting for the members of the pop group "The Saturdays" in an accounting claim against their former manager.
• Phonographic Performance Limited v British Hospitality Association [2010] EWHC 209 (Ch), [2010] LLR 424
  Acted for trade associations for the hospitality and retail industries in successfully defending PPL’s appeal against a Copyright Tribunal decision overturning PPL’s new background music tariffs (as junior to Robert Howe QC).
• Marbelow Limited v Chrysalis Limited (2009, High Court)
  Acted for Chrysalis and EMI records in defence of a royalty claim by the former members of “Spandau Ballet” (as junior to Ian Mill QC and Pushpinder Saini QC).
• CMO Management Limited v Downey & Ors (2008, Patents County Court)
  Acted for former manager of “Thin Lizzy” in commission dispute.

Advocacy:

James has appeared as sole counsel in the Court of Appeal, the High Court (including the Commercial Court), the County Court and Employment Tribunals.  At Bar School, he achieved the highest mark for cross-examination in his year.

Publications:

• “Applicable Law ‘Shopping’? Rome II and Private Antitrust Enforcement in the EU”, Comp. L.J. 2008 7 (3), 251-260.
• Co-author of ‘Duties’ and ‘Restrictive Covenants’ chapters in Employee Competition: Covenants, Confidentiality, and Garden Leave (Oxford, 2011).
• Co-author of ‘Common Concepts’ and ‘Gender Reassignment’ chapters in Tolley’s Discrimination in Employment Law Handbook (London, 2008).
• Co-author, with Sir David Edward QC, of “Questions and Problems of Applying the Acquired Rights Directive in the United Kingdom”, now published in Germany.

Other Information:

VAT registration number:  863536701