Tristan Jones

Tristan is regularly engaged in EU and competition matters, both commercial and regulatory.  He has advised on the application of competition law in commercial, employment and sports contexts.  See further below for Tristan’s work in telecommunications law.

• WM Morrison Supermarkets Plc and Safeway Stores Ltd v Office of Fair Trading (ongoing)
  Tristan is junior counsel for Morrisons and Safeway in these appeals to the CAT against a Chapter I infringement decision relating to the sale of tobacco products. 
• National Grid v Gas and Electricity Markets Authority [2010] EWCA Civ 114
  Tristan acted for the Gas and Electricity Markets Authority (with Monica Carss-Frisk QC and Brian Kennelly) in the first contested competition infringement decision by a sectoral regulator in the UK.  This is now the leading domestic case on the application of Article 82 EC to long-term exclusivity agreements.

Tristan has experience of telecommunications law in the CAT and the Court of Appeal.  He has also advised clients on complaints relating to breaches of broadcasting rules.

• British Telecommunications Plc v Office of Communications [2011] EWCA Civ 245
  Junior counsel for Ofcom in an appeal regarding the admissibility of fresh evidence to the CAT (led by Dinah Rose QC and Javan Herberg).
• British Telecommunications Plc v Office of Communications [2011] CAT 5
  Tristan acted for the interveners (with Dinah Rose QC) in an appeal to the CAT against a determination regarding BT’s charges for partial private circuits.
• Ofcom v Satellite Entertainment Ltd (2011)
  Tristan acted for Satellite Entertainment Ltd in administrative proceedings before Ofcom’s Broadcasting Sanctions Committee.
• Ofcom v Floe Telecom Limited and T-Mobile v Floe Telecom Limited [2009] EWCA Civ 47
  Tristan was junior counsel for Floe in these appeals in the Court of Appeal, raising the compatibility of the domestic telecommunications licensing regime with European law (with Monica Carss-Frisk QC and Brian Kennelly).

Tristan regularly acts and advises in public law and human rights matters.  He has acted for a wide variety of clients, including individuals, corporate claimants, charities, and government bodies.

Tristan has advised, among other matters, on the proper conduct of regulatory investigations, challenges to licensing decisions in the pharmaceutical and energy industries, complaints against broadcasters, the drafting and implementation of new legislation and regulatory frameworks, freedom of information and data protection, conflicts of interest policies, the duties of regulators in the conduct of litigation, discrimination law, and the lawfulness of particular decisions.

In 2007, Tristan spent three months on secondment to the Office of Gas and Electricity Markets (Ofgem).

• R (Infinis) v Gas and Electricity Markets Authority [2011] EWHC 1873
  Junior counsel for the Claimant (with Michael Fordham QC) in a challenge to the Defendant’s decision not to grant Renewables Obligation Certificates in respect of certain electricity generating stations.
• Rahmatullah v Secretary of State for Defence [2011] EWHC 2008
  Junior counsel for the Claimant in a habeas corpus application on behalf of a man detained in Bagram prison. 
• Azad v College of Optometrists (2010)
  Sole counsel for the Respondent resisting an application for judicial review of the college’s academic decisions.
• R (Remedy UK Ltd) v General Medical Council [2010] EWHC 1245
  Junior counsel for the Claimant (with Tom de la Mare) in a challenge to a decision of the General Medical Council not to investigate allegations of managerial or policy failings.
• Barbara Nan Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39
  Appeared for the Claimant (with Monica Carss-Frisk QC) in a Court of Appeal case concerning the reach of the European Convention on Human Rights and the entitlement to state benefits.
• R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048
  Appeared for the Claimant (with Dinah Rose QC and Ben Jaffey) in an application for information relating to the treatment of Mr Binyam Mohamed, then a Guantanamo Bay detainee.
• R (Teesside Power Limited) v Gas and Electricity Markets Authority [2008] EWHC 1415
  Appeared for the Defendant (with Dinah Rose QC) in a judicial review challenging the powers of the Gas and Electricity Markets Authority.

Tristan has advised and appeared in a range of commercial matters, in both the county courts and the High Court.  Among other matters, he has appeared in trials, applications for interim relief, applications to strike out or for summary judgment and wasted costs applications. 

Tristan has advised on and drafted particulars for claims involving breach of contract claims, partnership disputes and claims involving allegations of breach of rules under the Financial Services and Markets Act 2000.  Tristan has also advised on the application of A1P1 of the European Convention on Human Rights in a commercial law context. 

Tristan has also been heavily involved in confidential multi-jurisdictional hedge fund litigation.

Examples of Tristan’s recent non-confidential court work include the following.

• DSG Retail Ltd v Equinox Maintenance Ltd and others (2011)
  Junior counsel for the Claimant (with Tony Peto QC) seeking a freezing order in relation to alleged fraud by present and former employees.
• Enterprise v Leong and others (2011)
  Junior counsel for certain Defendants resisting injunctive relief in fraud proceedings. 
• Safeway Stores Ltd and others v Twigger and others [2010] EWCA Civ 1472
  Tristan was junior counsel for Safeway (led by Robert Anderson QC) in this important case on the recoverability of regulatory fines from directors and employees.
• MB Appleton Limited and another v Appleton (2010)
  Tristan acted for the Defendant in an application for a freezing order and delivery up order.
• Lombard North Central Plc v Payton (2010)
  Acting for the Claimant in obtaining summary judgment on hire purchase agreements.
• Allied Health Professionals Ltd v East Kent Hospitals University NHS Trust (2010)
  Tristan settled pleadings in this dispute regarding the payment of locum staff.
• McIntosh and others v Wijetunge and others (2010)
  Tristan represented the Claimants in hearing in the Chancery Division relating to the territorial jurisdiction of the High Court.

Tristan acts for Claimants and Respondents in employment disputes.  He has represented clients in employment cases including unfair and constructive dismissal, discrimination, TUPE and protected disclosures. 

Tristan is the co-author of the ‘Restrictive Covenants’ chapter in Employee Competition: Covenants, Confidentiality and Garden Leave (Oxford, 2011), and the disability discrimination chapter in Tolley’s Discrimination in Employment Handbook (second edition, 2011).

Examples of Tristan’s recent work include the following.

• Inspector Claire Clark v Metropolitan Police Authority [2011] EqLR 1026
  Junior counsel for the Claimant (with Dinah Rose QC) in a test case on the lawfulness of the arrangements regarding part-time police inspectors’ pay.
• Warburton v Avenance Plc (2010)
  Tristan acted for the Respondent in a pregnancy-related dismissal case.
• Preston v Saga (2010)
  Tristan appeared for the Respondent in a redundancy case, including a successful review of the Employment Tribunal’s decision.
• Wallis v Nitro Ltd (2010)
  Tristan acted for the Respondent in unfair dismissal claim.
• Chudasama v Moss Bros Ltd
  Tristan represented the Respondent in a race discrimination claim.

Tristan advises and acts for parties in disciplinary proceedings in a variety of tribunals. His recent experience in this field includes:

• R (Duncan) v General Teaching Council for England [2010] EWHC 429
  Tristan acted for the teacher in this appeal to the High Court against a decision of the GTC.
• McNicholls v Judicial and Legal Service Commission [2010] UKPC 6
  Acted for the appellant (with Michael Beloff QC) in this appeal to the Privy Council over a decision of the Judicial and Legal Service Commission of Trinidad and Tobago.
• R (Remedy UK Ltd) v General Medical Council [2010] EWHC 1245
  Junior counsel for the Claimant (with Tom de la Mare) in a challenge to a decision of the General Medical Council not to investigate allegations of managerial or policy failings.
• Adoyi v General Teaching Council
  Represented the registrant in three-day professional disciplinary hearing concerning allegations of unacceptable professional conduct.
• Brine v General Teaching Council
  Represented the registrant in professional disciplinary proceedings concerning allegations of unacceptable professional conduct.

For several years Tristan was an Adjunct Professor of Law at Georgetown University, where he taught an intensive Legal Negotiation Seminar.  As a graduate student, he was a Teaching Assistant on Harvard Law School’s flagship negotiation course, and he has taught and consulted on negotiations for organisations including the Norwegian Bar Association, CocaCola, Wyeth Pharmaceuticals, and Merrill Lynch.

In 2006, Tristan was named Young ADR Professional of the Year by the ADR Group.

Tristan’s two-year graduate degree at Harvard University focused on Economics and Human Rights. Tristan has taught human rights policy as assistant to Professor Michael Ignatieff. 

Before training as a barrister Tristan worked as a financial journalist for an international news agency. Prior to that, he was President of Cambridge University Students’ Union.

Scholarships and Prizes:

• SJ Berwin Junior Counsel Essay Prize (2008)
• James Hunt Advocacy Trophy (Gray’s Inn, 2007)
• Atkin Scholarship (Gray’s Inn, 2006)
• Young ADR Professional of the Year (ADR Group, 2006)
• Stephen Rayner Legal Essay Prize (Interleges solicitors’ network, 2006)
• Winner, International WTO Moot (European Law Students’ Association, 2005)
• Beddingfield Scholarship (Gray’s Inn, 2005)
• David Karmel Entrance Award (Gray’s Inn, 2004)
• Kennedy Scholarship (Memorial to JFK for study at Harvard, 2001 and 2002)
• William Vaughan Lewis Prize (for undergraduate dissertation, Emmanuel College, 2001)
• Senior Scholarship (Emmanuel College, 1998-2001)

Other Information:

VAT registration number:  911952430