Kieron Beal QC

Called to Bar:
1995
Appointed to silk:
2012
Practice areas:
Degrees:
BA (Hons) Law (Cantab) Starred First Class, LLM Harvard, Major Scholar, Inner Temple, Kennedy Scholarship to Harvard
Languages:
French (fluent)
Spanish (some knowledge)

Kieron Beal QC is recognised in both of the leading independent legal directories:

Chambers 2016

  • Competition – “He has a great mind and is good at complex cases.”
  • European Law – “He is user-friendly, extremely responsive, commercial, bright, and yet manages to put things across in a way that is easy to understand for the clients.”
  • Tax: Indirect Tax – “A very tenacious litigator.” “He really commands the confidence of clients.”
  • Telecommunications – “He's very thorough and very imaginative at the same time, which really helps for legal problems - on a tricky point he came up with a new angle.” “He has good experience and expertise, and is very user-friendly.”

Legal 500 2015

  • Administration & Public – “He has an excellent grounding in regulatory judicial review.”
  • EU & Competition – “His advocacy is of the highest quality.”
  • IT & Telecoms – recommended.

Professional Experience

Kieron was a member of the Attorney General’s ‘A’ Panel from February 2007 until March 2012.

He has also been appointed as a special advocate.

He is a committee member of the Bar European Group and a member of the European Circuit, UK Association for European Law, the Competition Law Association, COMBAR and the Administrative Law Bar Association. He is also a member of the European Law Institute.

EU and Competition

Kieron regularly appears before both domestic and EU courts and tribunals in all areas of EU law. 

Kieron is instructed by regulators and private clients in advisory work and in proceedings before the domestic and EU courts, the Competition Appeal Tribunal and the Competition and Markets Authority.

Current and recent work

EU

  • R (Western Sahara Campaign) v HMRC and DEFRA [2015] EWHC 1798 (Admin) and judgment of Blake J awaited.
    Challenge to the legality of the application of EU customs and fisheries legislation in the EU’s relations with Morocco when applied to produce emanating from the Western Sahara.
  • NEC v HMRC Case C-130/15 (Case pending before the CJEU)
    Instructed by the UK in the reference from the Upper Tribunal concerning the scope of the exemption for financial services relating to payments.
  • Invamed and others v HMRC [2015] UKFTT 113 (TC) and reference before the CJEU pending
    Instructed by the UK in relation to a reference to the CJEU concerning customs classification of mobility scooters.
  • R (Gibraltar Betting and Gaming Association Ltd) v HM Revenue & Customs [2015] EWHC 1863 (Admin), Charles J. 
    Challenge to the legality of Part 3 of the Finance Act 2013 for alleged incompatibility with EU law. Reference to the CJEU pending
  • R (Prospector Offshore Drilling and others) v HM Treasury (Case pending)
    Challenge to the legality of certain provisions in the Finance Act 2014 governing oil and gas drilling contractors.
  • United Kingdom v European Central Bank Case T-496/11 and two others [2015] ECLI:EU:T:2015:133, GCEU
    Successful challenge on behalf of UK Government to the location policy for clearing houses adopted by the ECB. The ECB was ruled to have no competence to adopt regulatory measures in respect of clearing houses.
  • Coventry v Lawrence (No. 2) [2015] UKSC 50, [2015] 1 WLR 3485, SC
    Written and oral submissions on behalf of the Law Society as intervener, concerning the compatibility of the regime for conditional fee agreements with EU and ECHR law.
  • Bookit Ltd v HMRC [2014] UKFTT 856 (TC) (Case pending before the CJEU)
    Appeal before the FTT regarding the VAT treatment of payment handling services. Reference to the CJEU pending. Instructed by the UK on the reference.
  • R (Totally Wicked) v Secretary of State for Health (Case pending, before the CJEU)
    Reference from the Administrative Court to the CJEU concerning the validity of the Tobacco Products Directive 2014.
  • R (Gibraltar Betting and Gaming Association Ltd) v Secretary of State for Culture Media and Sport [2014] EWHC 3236 (Admin) Green J.
    Challenge to the compatibility of the Gambling Act 2005, as amended, with EU law. Test for proportionality of Acts of Parliament.
  • Unitrading Case C-437/13 ECLI:EU:C:2014:2318
    Reference from the Netherlands Supreme Court concerning the importation of garlic and disclosure of evidence in national proceedings.
  • United Kingdom v Parliament and Council [Case withdrawn]
    Application for annulment of EU legislation imposing a cap on bankers’ variable remuneration. 
  • R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 3) [2014] EWCA Civ 708, CA
    Challenge to creation of a Marine Protected Area in the British Indian Ocean Territory on public law and EU law grounds. The Court ruling also addresses the admissibility of certain “Wikileaks” documents before the national Courts. Instructed on behalf of the Secretary of State. 
  • Commission v United Kingdom Case C-60/13 [2014] ECR I-0000, CJEU
    Acted for the UK in defence of infraction proceedings brought by the Commission concerning the erroneous issue of a binding tariff information.
  • Commission v Spain Case C-64/11 [2013] ECLI:EU:C:2013:264, CJEU
    Statement of intervention on behalf of the UK concerning infraction proceedings brought by the Commission against Spain. Compatibility of exit taxes with freedom of establishment. 
  • Melloni Case C-399/11 [2013] ECLI:EU:C:2013:107, CJEU
    Written observations on behalf of the United Kingdom in a case concerning the European Arrest Warrant. 
  • Radu Case C-396/11 [2013] ECLI:EU:C:2013:39, CJEU
    Written observations on behalf of the UK in a reference concerning the European Arrest Warrant.

Competition

  • BT plc and Talk Talk Group Ltd v Ofcom [2015] CAT 13 (Case pending before the CAT)
    Acting for Sky as intervener in appeal before the CAT in relation to the imposition of an ex ante margin control on BT arising out of its supply of wholesale VULA services.
  • In the matter of a market investigation by the CMA
    Kieron was instructed to advise the CMA in relation to a recent market investigation into an area of the financial sector.  
  • Deutsche Bahn and others v Mastercard (Case pending)
    Claim for damages arising out of EU Commission decision on the incompatibility of aspects of the MasterCard arrangements with Article 101 TFEU. 
  • Western Power Distribution v Ofgem (Admin Court) (Not yet reported).
    Application by WPD for permission to seek judicial review of a decision by Ofgem to direct adjustments to the regulated allowed revenue of certain DNOs. Kieron appeared for SSE as an interested party.
  • Colt Technology Services v Ofcom [2013] CAT 29
    Appeal against a decision of Ofcom declining to grant a passive remedy for access to duct.
  • British Sky Broadcasting v Ofcom [2013] CAT 8; [Case 1192/3/3/12 ] Reference to the Competition Commission
    Reference to the CC on price control matters; local-loop unbundling. Kieron was instructed as leading Counsel to the CC.
  • Bord na Mona v BPI and others [2012] EWHC 3346 (Comm) Flaux J.
    Defence of application for summary judgment in claim for damages in respect of the industrial plastic bags cartel. 

Other cases

EU 

  • Commission v Portugal Case C-38/10 [2012] ECLI:EU:C:2012:521, CJEU
  • Vale Kft v Hungary Case C-378/10 [2012] ECLI:EU:C:2012:440, CJEU
  • SIAT SA v Belgium Case C-318/10 [2012] ECLI:EU:C:2012:415, CJEU
  • Dereci v Austria Case C-256/11 [2011] ECR I-11315, ECJ
  • Shiner and Sheinman v HMRC [2011] EWCA Civ 892, CA.
  • National Grid Indus BV v Netherlands Case C-371/10 [2011] ECR I-12273, ECJ
  • RTI v AGCOM Case C-390/09 [Case withdrawn from the docket]
  • I.B. Case C-306/09 [2010] ECR I-10341, ECJ
  • Tsakouridis v Land Baden-Wurttemburg Case C-145/09 [2010] ECR I-11979
  • Staatssecretaris van Financiën v X Case C-423/09 [2010] ECR I-10821
  • Gaz de France v Bundeszentralamt für Steuern [2009] ECR I-9225, ECJ
  • Siebrand v Staatssecretaris van Financiën [2009] ECR I-3941, ECJ  
  • Asda Stores Ltd v HMRC [2007] ECR I-11223
  • Thomson and Vestel v Administration des douanes et des droits indirect [2007] ECR I-2049, ECJ
  • Sony Computer Entertainment Europe Ltd v HM Revenue and Customs [2006] EWCA Civ 772, CA
  • Loutchansky v Secretary of State for the Home Department [2005] EWHC 1779 (Admin) Moses J
  • Internationaler Tierschutz-fonds v Commission Judgment of the CFI dated 30 November 2004; The Times, 20 December 2004
  • Ikea Wholesale Limited v Commissioners of Customs and Excise [2004] EWHC 1758 (Ch), [2004] 3 C.M.L.R. 28, Lightman J.
  • Bacardi-Martini v Television Français 1 [2004] ECR I-6613, ECJ
  • Commission v France [2004] ECR I-6569, ECJ
  • Danmarks Rederiforening v Lo Landsorganisationen Sverige [2004] ECR I-1417, ECJ
  • Freistaat Bayern v Jan Blijdenstein [2004] ECR I-981, ECJ
  • Musashi Autoparts Europe Ltd v Commissioners of Customs and Excise [2003] EWCA Civ 1738, [2004] S.T.C. 220, CA on appeal from Lightman J. VAT
  • Bacardi-Martini and another v Newcastle United F.C. Limited [2003] E.C.R. I-905, ECJ
  • Gemeente Steenbergen v Baten [2002] ECR I-10527, ECJ
  • Naraine v Hoverspeed Limited [2000] Eu. L.R. 321, CA
  • R v Secretary of State for Trade and Industry ex parte Greenpeace Limited [2000] 2 C.M.L.R. 94; [2000] Eu. L.R. 196, DC
  • R v Secretary of State for the Home Department ex parte Hoverspeed Ltd [1999] Eu.L.R. 595, DC.

Competition

  • British Telecommunications plc v Ofcom [Case 1187/3/3/11]
  • Sky v Ofcom [2012] CAT 20
  • Thames Water Utilities Ltd v Ofwat [2012] EWCA Civ 218
  • Carphone Warehouse v Ofcom [2010] CAT 26 and 27
  • Zhejiang Aokang Shoes Co Ltd v Council [2010] ECR-II 747, CFI
  • R v Martin George and others (Southwark Crown Court, Owen J, 24/7/09) 
  • Reliance Industries v Commission [2008] ECR II-2399, CFI
  • Norris v United States [2008] 1 A.C. 920, HL (for intervener)
  • The Consumers’ Association v JJB Sports plc [Hearing before the CAT]
  • Days Medical Aids Limited v Pihsiang Manufacturing [2004] EWHC 44 (Comm) Judgment of Langley J., dated 29 January 2004. Article 81 EC
  • R v Monopolies and Mergers Commission and another ex parte Milk Marque Limited [2003] ECR I-7975, ECJ

Commercial

Kieron regularly appears before the First Tier Tax Tribunal, the Upper Tribunal and the higher Courts in disputes concerning indirect taxation, customs and excise duties, insurance premium tax, stamp duty, income and corporation tax and anti-dumping matters. He is instructed more generally in commercial disputes.

Current and recent work

Commercial and Indirect Taxation

  • Case C-130/15 NEC v HMRC (Case pending before the CJEU)
    Instructed by the UK in a reference from the Upper Tribunal concerning the scope of the exemption for financial services relating to payments.
  • R (Biffa) v HMRC (Case pending before the Administrative Court)
    Judicial review challenges to decisions of HMRC concerning the imposition of landfill tax.
  • R (Gibraltar Betting and Gaming Association Ltd) v HM Revenue & Customs [2015] EWHC 1863 (Admin), Charles J. 
    Challenge to the legality of Part 3 of the Finance Act 2013 for alleged incompatibility with EU law. Reference to the CJEU pending
  • R (Prospector Offshore Drilling and others) v HM Treasury (Case pending)
    Challenge to the legality of certain provisions in the Finance Act 2014 governing oil and gas drilling contractors.
  • R (British Disabled Flying Association) v HMRC (Admin Court)
    Judicial review challenge to decision of HMRC to refuse to pay VAT found to be overpaid in related Upper Tribunal proceedings.
  • Associated Newspapers Ltd v HMRC [2015] UKFTT 409 (TC)
    Appeal concerning the VAT treatment of face value vouchers. Currently on appeal to the Upper Tribunal, where judgment is awaited.
  • Huitson v HMRC [2015] UKFTT 448 (TC)
    Representing HMRC in appeal by a taxpayer against tax assessment for income tax in connection with remittance of monies from Isle of Man trust.
  • Merlin Scientific LLP v HMRC [2015] UKFTT 247 (TC)
    Challenge to the refusal by HMRC to allow input tax deduction and deductibility against income tax of certain items of business expenditure in relation to meeting facilities.
  • Invamed and others v HMRC [2015] UKFTT 113 (TC)
    Appeal before the FTT concerning customs classification of mobility scooters. Reference to the CJEU pending.
  • R (St Matthews West Ltd) v HMRC [2015] EWCA Civ 648, CA and [2014] EWHC 1848 (Admin), Andrews J.
    Acted for HMRC in defence of challenge to the retrospective treatment of certain SLDT avoidance schemes.
  • ING Intermediate Holdings Ltd v HMRC [2014] UKFTT 938 (TC)
    Appeal before the FTT concerning tax treatment of internet based deposit accounts.
  • Bookit Ltd v HMRC [2014] UKFTT 856 (TC)
    Appeal before the FTT regarding the VAT treatment of payment handling services. Reference to the CJEU pending.
  • Targetti (UK) Ltd v HMRC [2014] UKTT 0274 (TCC); and [2012] UKFTT 766 (TC)
    Challenge to the validity of a Commission Regulation imposing anti-dumping duty on CFL-i light bulbs. No reference made.
  • Asda Stores Ltd v HMRC [2014] EWCA Civ 317, CA
    Appeal to the Court of Appeal concerning the correct customs valuation of imported goods.
  • Cooneen Watts & Stone v HMRC [2014] UKUT 31 (TCC) Nugee J
    Appeal from [2012] UKFTT 622 (TC) in relation to customs classification of army uniforms and challenge to the refusal to give end use relief for such items. Currently on appeal to the Court of Appeal.  
  • TXT International v HMRC [2014] UKFTT 158 (TC)
    Appeal against finding of liability under a guarantee in support of an intra-EU customs movement which was subject to an irregular departure from the movement.
  • R (Guardian Media Group) v HMRC [2013] EWHC 4115 (Admin), Stewart J.
    Challenge to refusal of HMRC to allow out of time claims for withdrawal of group relief to enable a claim for terminal loss relief to be advanced. 
  • FMX Food Merchants v HMRC [2013] UKFTT 720 (TC)
    Appeal against decision by HMRC to raise post-clearance demands outside the three year time limited under Article 221 of the Community Customs Code. 
  • TLLC Ltd v HMRC [2013] UKFTT 467 (TC) (Judge Sadler)
    Defence of VAT input claim in respect of advisers’ fees incurred in the course of a sale of shares of a subsidiary. 

Other cases

  • Répertoire Culinaire v HMRC [2013] UKFTT 278 (TC), Judge John Walters QC
  • British Disabled Flying Association v HMRC [2013] UKUT 162 (TCC)
  • R (Totel Ltd) v HMRC [2012] EWCA Civ 1401, CA; [2011] EWHC 652 (Admin), Simon J.
  • Lycatel v HMRC [2012] UKFTT (no final decision: assessments withdrawn).
  • El Nagy Trading v HMRC [2012] UKFTT 269 (TC)
  • British Telecommunications plc v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 232, CA
  • Truebell v HMRC [2011] UKFTT 370 (TC) 
  • Paymex v HMRC [2011] UKFTT 350 (TC)
  • Denwire v HM Revenue & Customs [2011] UKUT 0000 (Judge Bishop).
  • National Housebuilding Council v HM Revenue & Customs [2010] UKFTT 326 (TC), Sir Stephen Oliver QC.
  • Mobilx Ltd and others v HM Revenue and Customs [2010] EWCA Civ 517, CA  
  • R (Austin) v Portsmouth CC [2009] EWHC 322 (Admin), Geraldine Andrews QC
  • HM Revenue & Customs v Flir Systems AB [2009] EWHC 82 (Ch), Henderson J
  • HM Revenue & Customs v Livewire Ltd and Olympia Technologies Ltd [2009] EWHC 15 (Ch), Lewison J 
  • Commissioners of Customs and Excise v RSPCA [2007] EWHC 422 (Ch), Lawrence Collins J
  • Commissioners of Customs and Excise v Elm Milk Ltd [2006] EWCA Civ 164, [2006] S.T.C. 792, CA
  • Commissioners of Customs and Excise v Euphony Limited [2003] EWHC 3008, [2004] S.T.C. 301, Hart J., Ch.D
  • Xansa Barclaycard Partnership v Commissioners of Customs and Excise LTL 1/11/2004
  • West Devon Borough Council v Commissioners of Customs and Excise [2001] STC 1282, Ch. D.
  • Lindsay v Commissioners of Customs and Excise [2001] V. & D.R. 219

Public Law and Human Rights

Kieron acts in a wide variety of cases for and against Government bodies, both in domestic courts and before the European Court of Human Rights. He also acts as a special advocate in cases before SIAC and the High Court.

Current and recent work

Public Law

  • R (Western Sahara Campaign) v HMRC and DEFRA [2015] EWHC 1798 (Admin) and judgment of Blake J awaited.
    Challenge to the legality of the application of EU customs and fisheries legislation in the EU’s relations with Morocco when applied to produce emanating from the Western Sahara.
  • R (Biffa) v HMRC (Case pending before the Administrative Court)
    Judicial review challenges to decisions of HMRC concerning the imposition of landfill tax.
  • R (Prospector Offshore Drilling and others) v HM Treasury (Case pending)
    Challenge to the legality of certain provisions in the Finance Act 2014 governing oil and gas drilling contractors.
  • R (Gibraltar Betting and Gaming Association Ltd) v HM Revenue & Customs [2015] EWHC 1863 (Admin), Charles J. 
    Challenge to the legality of Part 3 of the Finance Act 2013 for alleged incompatibility with EU law. Reference to the CJEU pending
  • R (St Matthews West Ltd) v HMRC [2015] EWCA Civ 648, CA and [2014] EWHC 1848 (Admin), Andrews J.
    Acted for HMRC in defence of challenge to the retrospective treatment of certain SLDT avoidance schemes.
  • R (Hassib Holding Company) v Crown Estate Commissioners (Admin Court)
    Judicial review challenge to decision of Crown Estate Commissioners. Application no longer pursued.
  • R (Gibraltar Betting and Gaming Association Ltd) v Secretary of State for Culture Media and Sport [2014] EWHC 3236 (Admin) Green J.
    Challenge to the compatibility of the Gambling Act 2005, as amended, with EU law. Test for proportionality of Acts of Parliament.
  • R (Guardian Media Group) v HMRC [2013] EWHC 4115 (Admin), Stewart J.
    Challenge to refusal of HMRC to allow out of time claims for withdrawal of group relief to enable a claim for terminal loss relief to be advanced.
  • R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 3) [2014] EWCA Civ 708, CA
    Challenge to creation of a Marine Protected Area in the British Indian Ocean Territory on public law and EU law grounds. The Court ruling also addresses the admissibility of certain “Wikileaks” documents before the national Courts. Instructed on behalf of the Secretary of State.
  • Paulet v United Kingdom [App 6219/08] ECtHR 
    Written observations for the UK Government concerning the proportionality of a confiscation order.
  • The Chagos Islanders v United Kingdom [App No 35622/04] ECtHR
    Challenge to the dismissal of the Chagos Islanders’ claims for compensation by the Court of Appeal. Application declared inadmissible.

Human Rights and Immigration

  • EF v Secretary of State for the Home Department (Case pending)
    Appointed as special advocate for EF.
  • B v Secretary of State for the Home Department (Case pending)
    Appointed as special advocate for B. Case pending before SIAC.
  • Damion Harrison v Secretary of State for the Home Department [2012] EWCA Civ 1736, CA
    Application of the Zambrano principle in the case of deportation of third country nationals.
  • Secretary of State for the Home Department v FV [2012] EWCA Civ 1199
    Construction of the Citizenship Directive and the EEA Regulations 2006 in the context of the deportation of an EU national.
  • MDB v Secretary of State for the Home Department [2012] EWCA Civ 1015
    Construction of Regulation 1612/68 and whether a parent had been a worker. 
  • De Brito v Secretary of State for the Home Department [2012] EWCA Civ 709, CA.
    Meaning of temporary or permanent incapacity for work in the EEA Regulations 2006.  

Other cases

 Public Law

  • Bancoult (3) v Secretary of State for Foreign and Commonwealth Affairs [2012] EWHC 3281 (Admin)
  • The Chagos Islanders Refugees Group v ICO [FTT (GRC): EA/2011/0300]
  • Hizb-ut Tahrir v Germany [App No 31098/08]
  • R (Totel Ltd) v HMRC [2012] EWCA Civ 1401, CA; [2011] EWHC 652 (Admin), Simon J.
  • Golebiewska v United Kingdom App No 43153/08
  • R (oao Maya Evans) v Secretary of State for Defence [2010] EWHC 1445 (Admin)  
  • Marrion, Burke & Scott v Board of Medical Referees [2009] EWCA 450, CA; [2008] EWHC 1075 (Admin)  
  • R (oao Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2008] UKHL 61, HL
  • Sanders v Kingston (Ethical Standards Officer) [2005] EWHC 1145 (Admin) [2005] B.L.G.R. 719, Wilkie J
  • R (oao Broadbent) v The Parole Board [2005] EWHC 1207, The Times, 22 June 2005, Stanley Burnton J
  • Chagos Islanders v Attorney General [2004] EWCA 997, CA, judgment dated 22 July 2004, Times, September 21, 2004
  • Quirk v Burton Hospitals NHS Trust and the National Health Service Pensions Agency [2002] EWCA Civ 149, [2002] 1 C.M.L.R. 47
  • R. v Deputy Controller of Buckley Hall Prison Ex p. Thomas [2000] C.O.D. 491, QBD R v Secretary of State for the Home Department ex parte Johnson [1999] Q.B. 1174; [1998] 4 All ER 635, DC
  • R v Secretary of State for the Home Department ex parte Johnson [1999] Q.B. 1174; [1998] 4 All ER 635, DC

Human Rights and Immigration

  • Dereci v Austria Case C-256/11 [2011] ECR I-0000, ECJ
  • P1 v SSHD [Pending case before SIAC]
  • Abid Naseer and others v Secretary of State for the Home Department [2010] UKSIAC 77/09
  • LO v Secretary of State for the Home Department [2010] UKSIAC 73/2009  
  • XC v Secretary of State for the Home Department [2009] UKSIAC 77, SIAC 
  • Secretary of State for the Home Department v Abu Rideh [2008] EWHC 1993 (Admin); [2008] EWHC 2019 (Admin). Ouseley J
  • CN (Burundi) v Secretary of State for the Home Department [2007] EWCA Civ 587, CA.
  • MS (Iran) v Secretary of State for the Home Department [2007] EWCA Civ 271, CA
  • N v Secretary of State for the Home Department [2006] EWCA Civ 299, CA
  • KK v Secretary of State for the Home Department [2005] EWCA Civ 1082, CA.
  • J v Secretary of State for the Home Department [2005] EWCA Civ 629, [2005] Imm. A.R. 409, CA
  • Solonina v Secretary of State for the Home Department [2005] EWCA Civ 469, CA
  • El-Rifai v Secretary of State for the Home Department The Times, 1 March 2005, CA
  • Erdogan v Secretary of State for the Home Department Judgment of the Court of Appeal dated 26 October 2004, LTL 27/10/2004

Telecommunications

Kieron has recent specialist experience in the telecommunications sector.

Current and recent work

  • BT plc and Talk Talk Group Ltd v Ofcom [2015] CAT 13 (Case pending before the CAT)
    Acting for Sky as intervener in appeal before the CAT in relation to the imposition of an ex ante margin control on BT arising out of its supply of wholesale VULA services.
  • Colt Technology Services v Ofcom [2013] CAT 29
    Appeal against a decision of Ofcom declining to grant a passive remedy for access to duct. 
  • British Sky Broadcasting v Ofcom [Reference to the Competition Commission pending]
    Reference to the CC on price control matters; local-loop unbundling. Kieron is instructed as leading Counsel for the CC.
  • British Telecommunications plc v Ofcom [Case 1187/3/3/11]
    Reference to the CC on price control matters; wholesale broadband access charges. Counsel for the CC. 
  • Sky v Ofcom [2012] CAT 20
    Challenge to decision of Ofcom to impose a ‘wholesale must offer’ obligation on Sky in respect of its core premium sports channels.
  • British Telecommunications plc v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 232, CA
    Appeal against dismissal by Kenneth Parker J of an application for judicial review of the Digital Economy Act 2010 on EU law grounds. 

Other cases

  • Ministry of Sound v British Telecommunications plc (Master Winegarten)
  • Carphone Warehouse v Ofcom [2010] CAT 26 and 27 
  • RTI v AGCOM Case C-390/09 [Case withdrawn]
  • Bacardi-Martini v Television Français 1 [2004] ECR I-6613, ECJ

Other relevant experience

Other practice areas:

Kieron also has experience of work in direct taxation, professional negligence, insurance, contract and tort, extradition, landlord and tenant, and personal injury.

Books & Articles

  • Ubi Ius, Ibi Remedium: Do the Union Courts have ‘the Latin for Judging’? [Forthcoming in Judicial Review]
  • Beano no more: The EU Charter of Rights after Lisbon, [2011] JR 113 with T. Hickman.
  • Author of a chapter in Paul Goulding QC’s Employee Competition, 2nd Edition, 2011) concerning EU competition law. 3rd edition shortly to be published.
  • Co-author of two chapters on intra-Community trade in goods and services for Paul Lasok QC’s VAT Looseleaf, Sweet & Maxwell (July 2009).
  • Co-author of two chapters on the Cartel Offence in Montgomery and Ormerod, Fraud – Criminal law and procedure, Looseleaf, Oxford University Press, April 2008 and updates.
  • Crehan and Post-Modern Malaise, [2007] Comp Law Rev Vol. 6 Issue 1, p. 17.
  • “Goed Wonen: Retroactivity in domestic VAT legislation: A jump to the left, then a step to the right?” [2006] BTR No. 2, Sweet & Maxwell, 2006.
  • Author of chapter on the European Economic Area Agreement Competition Rules, published in Ortiz Blanco’s EC Competition Procedure, 2nd Edition, OUP (2006); and in the Third Edition (2013).
  • “Sauce for the Goose, sauce for the cow, pig and fish?” International Company and Commercial Law Review, May 2002, Vol. 13, Issue 5, p. 192.
  • Co-author of chapter in Leigh-Ann Mulcahy, Human Rights and Civil Practice, Sweet & Maxwell, 2001, on Community Law and Human Rights
  • Contributing editor of two works by Luis Ortiz Blanco, EC Competition Procedure, Oxford University Press, Oxford, 1996 and Commission Kommentar on Transport.

Other Information:

VAT registration number:  685010840