Shane Sibbel

Prior to pupillage, Shane interned as a caseworker with the AIRE (“Advice on Individual Rights in Europe”) Centre, drafting written submissions in a range of applications before the European Court of Human Rights, interviewing clients and also producing numerous advices on the rights of EU citizens under EU law.

Shane is also the author of an article on “Universal Jurisdiction and the Terrorism Acts 2000 & 2006” (3(1) (2007) Cambridge Student Law Review 13), and previously acted as a research assistant for the chapter on “Equality and Non-Discrimination” (Prof. C. McCrudden) in D. Feldman, English Public Law (OUP, 2nd Ed, 2009).

• Mary George Ltd v (1) Care Quality Commission and (2) Wirral Borough Council (2011)
  A challenge to the promulgation and maintenance of a Review of Compliance report by the First Defendant and a decision of the Second Defendant to suspend referrals to a care home owned by the Claimant (junior counsel to Michael Fordham QC).
• Advising on the merits of a constitutional challenge to an Act of Parliament or an exercise of the Royal Prerogative to alter the name of a University (junior counsel to Michael Beloff QC).
• R (BT & TalkTalk) v Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin)
  A high-profile case concerning an application for judicial review of the Digital Economy Act 2010 on EU law grounds (assisting pupil supervisor Kieron Beal).
• The Chagos Islanders v United Kingdom [pending case before the ECtHR]
  A challenge to the dismissal by the Court of Appeal of the Chagos Islanders’ claims for civil compensation (assisting pupil supervisor Kieron Beal).
• Ford v FSA (2011) (Claim CO/12389/2010)
  A recent judicial review hearing, part of which was held in private, concerning the status and permitted use of documents allegedly subject to joint privilege in the hands of, amongst others, Stewart Ford, the former Chief Executive of the financial services firm, Keydata (assisting pupil supervisor Andrew George).
• R (Totel Ltd) v HMRC [2011] EWHC 652 (Admin)
  A judicial review hearing on the lawfulness of the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009, which abrogated the right to appeal to the Upper Tribunal from a hardship decision in a VAT appeal (assisting pupil supervisor Kieron Beal).
• As part of his centrally assessed work Shane also drafted an advice analysing the constitutional status of the prerogative in British Overseas Territories and the right to obtain travel documents under International Human Rights and Refugee law.

As a pupil, Shane assisted his supervisors in a wide range of commercial cases and hearings in county courts, the Upper Tribunal (tax chamber), the High Court, the Court of Appeal, the Supreme Court and the Court of First Instance. He has since acted as junior counsel in the High Court and is regularly instructed as sole counsel in the County Courts.

• Rahimian v Tchenguiz (2012)
  For the Defendant in the High Court (Chancery Division), in a dispute with a former friend over sums claimed in relation to a variety of alleged trusts, partnership agreements, agency commission agreements and indemnities (junior counsel to Tom Croxford).
• Latin American Investments Ltd and others v Maroil Trading Inc. (2012)
  For the Defendant in the High Court (Commercial Court), concerning a dispute arising out of a large joint venture for the transportation of oil (junior counsel to Stephen Nathan QC).
• Advising on the validity of a share buyback under section 691 of the Companies Act 2006 and the merits of a potential professional negligence claim (junior counsel to Andrew Green QC).
• Acting for Lombard North Central Plc in relation to a number of claims concerning the breach of hire purchase agreements.
• Acting for the Hilton Group in relation to a number of contractual disputes over the recruitment of staff and the organisation of events at Hilton Hotels.
• BBL Limited v Canouan Resorts Development Limited (2011)
  A case in the Eastern Caribbean Supreme Court concerning a contractual dispute in St Vincent and the Grenadines and the granting of a mandatory injunction in favour of residents of the Canoun Resort (assisting pupil supervisor Andrew George).
• Interactive Investor v City Index [2011] EWCA Civ 837
  A hearing in the Court of Appeal and a subsequent application for permission to appeal to the Supreme Court concerning the use of confidential information and the marketing obligations of parties in the on-line spread betting industry (assisting pupil supervisor Andrew George).
• Group Lotus Plc v 1Malaysia Racing Team SDN BHD [2011] EWHC 1366
  A trial in the High Court (Chancery Division) in respect of trade mark infringement, passing off and breach of contract arising from the use of the “Lotus” name and marks in Formula One (assisting pupil supervisor Brian Kennelly).
• Creare Communications v Koenig Creare (2011)
  A case in the High Court (Chancery Division) concerning a claim for breach of contract, conversion, breach of IP rights and passing off, in relation to a dispute over search engine optimisation software (assisting pupil supervisor Andrew George).
• United Carpets v Kirkby Carpets (2011)
  A case in the High Court (QBD) concerning a claim for breach of contract in relation to a franchise agreement (assisting pupil supervisor Andrew George).
• London Market Claims Services Ltd v Navigant Consulting (UK) Limited (2011)
  A case in the High Court (Chancery Division) concerning the adequacy and transfer of software licenses (assisting pupil supervisor Andrew George).
• Truebell v HMRC [2011] UKFTT 370 (TC)
  A case on the binding nature of a European Commission decision on remission of customs duties (assisting pupil supervisor Kieron Beal).
• Blair Endersby v HMRC [2011] UKFTT 350 (TC)
  A case on whether individual voluntary arrangements should be treated as exempt under the Sixth VAT Directive (assisting pupil supervisor Kieron Beal).
• Shane also assisted his pupil supervisor Andrew George in the preparation of several pre-litigation advices in commercial matters involving issues of general contract law, the sale of goods and services, jurisdiction, and consumer credit.

Shane is a member of COMBAR.

Shane is regularly instructed in the Employment Tribunals, including in unfair dismissal, whistleblowing, unlawful deduction of pay and breach of contract cases. This area of his practice builds on his experience of as a pupil with Jane Mulcahy.

• Acting for a number of cabin crew members against a large airline in relation to contractual treatment of “living away from home allowance” and a potential claim for unlawful deduction of wages and/or breach of contract.
• Klempner v Merrill Lynch (2012)
  For the Claimant in the employment tribunal, in a claim against the Bank for unfair dismissal and breach of contract.
• Barnes v Abingdon & Witney College (2011)
  For the Claimant in the employment tribunal, in a claim against the college for unfair dismissal and disability discrimination.
• An employment tribunal hearing involving allegations of unfair dismissal, discrimination against whistleblowing and race discrimination brought by an internal auditor (assisting pupil supervisor Jane Mulcahy)
• An employment tribunal case involving a harassment and discrimination claim brought against a Lloyd’s managing agency by its former Group Finance Director (assisting pupil supervisor Jane Mulcahy).
• An employment tribunal case involving allegations of sex and maternity discrimination brought by a solicitor against a large city law firm, in relation to working hours (assisting pupil supervisor Jane Mulcahy).
• An employment tribunal hearing involving allegations of sex, race and disability discrimination brought by a solicitor against a large city law firm, in relation to a decision concerning partnership (assisting pupil supervisor Jane Mulcahy).
• An employment tribunal hearing involving allegations of unfair dismissal and religious discrimination against a large bank (assisting pupil supervisor Jane Mulcahy).
• A successful mediation of an employment dispute within a large insurance company (assisting pupil supervisor Jane Mulcahy).

Shane is also a qualified FRU employment volunteer and a member of the Employment Lawyers Association.

Prior to starting pupillage, Shane interned as a legal policy researcher with the Institute of International and European Affairs, a think tank based in Dublin which focuses on EU level political developments and their likely impact on Ireland.

• Case T-381/10 Sanitec Europe OY & Keramag (2011)
  A large competition case in the General Court concerning, amongst other things, the proper test for finding an “anti-competitive object” and its application in the context of an alleged cartel over bathroom fittings and fixtures (assisting pupil supervisor Brian Kennelly).
• Case T-378/10 Masco Corporation v European Commission (2011)
  A dispute in the General Court related to the Sanitec case, concerning the proper legal test for finding a “single and continuous infringement” and its application in the context of an alleged cartel over bathroom fittings and fixtures (assisting pupil supervisor Brian Kennelly).
• R (BT & TalkTalk) v Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin)
  A high-profile case concerning an application for judicial review of the Digital Economy Act 2010 on EU law grounds (assisting pupil supervisor Kieron Beal).
• Case C-390/09 Reti Televisive Italiane SpA v Autorita per le Garanzie nelle Communicazioni
  Observations on behalf of the UK in a reference for a preliminary ruling from the Consiglio del Stato to the ECJ, concerning whether self-promotion by a television channel constitutes “television advertising” for the purposes of article 1(c) of the “Television without Frontiers” Directive (97/36/EC) (assisting pupil supervisor Kieron Beal).
• Truebell v HMRC [2011] UKFTT 370 (TC)
  A case on the binding nature of a European Commission decision on remission of customs duties (assisting pupil supervisor Kieron Beal).
• Blair Endersby v HMRC [2011] UKFTT 350 (TC)
  A case on whether individual voluntary arrangements should be treated as exempt under the Sixth VAT Directive (assisting pupil supervisor Kieron Beal).

Regulation

As a pupil Shane also assisted his supervisors in several cases concerning the regulation of the financial services and telecommunications sectors. Shane has since acted as junior counsel in the first ever case before the Qatar Financial Centre Regulatory Tribunal.

• (1) Kashif Chaudhry and (2) Seifelden Abdelkareem v Qatar Financial Centre Regulatory Authority (2012)
  Successfully acted for the Qatar Financial Centre Regulatory Authority (“QFCRA”) in the first challenge before the QFC Regulatory Tribunal by individuals to a decision notice of the QFCRA. The case concerned the respective roles of the claimants in communications between Al Mal Bank LLC and the QFCRA, and the Bank’s subsequent collapse (junior counsel to Ben Jaffey).
• FSA v J (2011)
  A hearing in the FSA’s regulatory decisions committee concerning the actions of a Finance Director accused of market abuse (assisting pupil supervisor Andrew George).
• Assisting pupil supervisor Brian Kennelly in the preparation of investigation findings on behalf of the Telecommunications Regulatory Commission of the British Virgin Islands, in relation to alleged anti-competitive behaviour of Digicel in pricing calls and termination services to other Digicel destinations in the Caribbean.

During Shane’s pupillage he assisted his supervisors on several cases involving sports law - such cases ranging from highly commercial claims involving large sports clubs to appeals against disciplinary penalties.

• G v UK Sport (2011)
  An appeal to the Independent Appeals Panel of UK Sport concerning a Paralympic funding decision following a positive test for a banned substance on the part of the athlete (assisting pupil supervisor Andrew George).
• Galvin v UK Athletics (2011)
  A dispute concerning the regulator’s liability for alleged acts of racial discrimination at a London athletics club (assisting pupil supervisor Andrew George).
• An FAPL arbitration between a major football club and its former manager, concerning a claim for wrongful dismissal for alleged gross misconduct (assisting pupil supervisor Jane Mulcahy).
• Assisting pupil supervisor Jane Mulcahy in her role as an FA Rule K Arbitrator in a case concerning alleged breach of agency agreements by a number of Championship footballers.

Shane has also acted as a research assistant to Prof S. Talmon (Co-Director, Institute of Public International Law, University of Bonn) in relation to:
i.   a presentation on “The Role of Treaties in Trans-Atlantic Relations” at the December 2008 Conference of the Atlantic Council of the United States; and
ii.  Professor Talmon’s entries on “Membership and Representation”, “The Law of the Sea” and “The International Tribunal for the Law of the Sea” in H. Volger (Ed.), A Concise Encyclopedia of the United Nations, (2nd Ed,Martinus Nijhoff, The Hague, 2009).

Prizes and Scholarships:

• Pupil Advocacy Prize (Inner Temple, 2011)
• Rawlinson Debating Cup: Winner (Inner Temple, 2010)
• Thomas Finlay Intervarsity Moot: Finalist & Best Speaker (UCD Law Society, 2010)
• Princess Royal Scholarship (Inner Temple, 2009 - 2010)
• Freshfields Bruckhouse Deringer Scholarship (Oxford University, 2008)
• Lincoln College Exhibitioner (Oxford University, 2005 – 2007)
• Irish Rotary Youth Leadership Competition: Winner (2004)

Other Interests:

Music, Debating, Rowing, Photography.

Other Information:

VAT registration number: 120943145