Brian specialises in competition & EU, commercial, public and regulatory law, sanctions law, telecommunications law and sports law. He is recognised by the legal directories as a leading barrister in these areas. Brian won the Chambers & Partners Competition Law junior barrister of the year in 2015. He also practices from the Law Library in Dublin. He appears regularly in the Court of Justice of the EU and the General Court, the EFTA Court, the Supreme Court, Court of Appeal and the Commercial Court, the Competition Appeal Tribunal and the Court of Arbitration for Sport. He has appeared in competition, regulatory and commercial cases in Hong Kong, the Cayman Islands and the Virgin Islands.

Brian has acted in over 60 cases before the CJEU and General Court in a broad range of competition, regulatory and sanctions matters. He is a leading advocate in private competition damages actions, having acted in the Foreign Exchange, Visa Interchange, EURIBOR, Air Cargo, CRT, Copper Fittings, Industrial Bags, Paraffin Wax, Car Glass, Marine Hose and Vitamins cartel cases. He has appeared in many of the leading regulatory public law cases of recent years in the Admin Court and the CAT including BASCA, Gibraltar Betting and BAT (tobacco plain packs). In the area of sanctions, Brian has acted for over 30 designated persons and entities and advised banks and corporates on compliance issues. He is also a specialist telecommunications and media lawyer.

Brian was named Competition Junior of the Year at the Chambers UK Awards 2015 and is ranked in Chambers Global 2016 in Competition/EU. 

Prior to taking silk, Brian was on the Attorney General's 'A' Panel of Counsel to the Crown. 

Brian was appointed in 2017 as a Specialist Adviser to the House of Commons Treasury Select Committee to advise on Brexit issues.

Experience

Shortlist

EU & Competition

Brian is a leading expert in competition litigation, in challenges to infringement decisions and private damages actions. He has acted for the European Commission, the CMA and private litigants. Brian has appeared in many of the major EU and domestic competition cases in recent years: in the EU courts; Ranbaxy (Lundbeck – citalopram), Deutsche Bahn, Schenker (Freight forwarding cartel), Sanitec/Keramag and Masco (bathroom fittings cartel); Ryanair/ATT (State aid); in the domestic courts: Foreign Exchange, Visa Interchange, EURIBOR, Air Cargo, CRT, Copper Fittings, Industrial Bags, Paraffin Wax, Car Glass, Marine Hose, Tobacco and Vitamins (private damages actions) and Ryanair/Aer Lingus, IRI/Aztec, Universal/EMI (mergers). Brian appeared in the leading cases of Devenish v Sanofi-Aventis (remedies in private actions) and Provimi v Aventis (jurisdiction).  

Brian was named Competition Junior of the Year at the Chambers UK Awards 2015 and is ranked in Chambers Global 2016 in Competition/EU.

Cases

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State Aid

Brian has considerable experience of litigating State aid points before the EU courts and domestically. He has advised private litigants and the UK Government on a wide range of State aid matters, in particular in relation to export credit financing and spectrum allocation in telecommunications.

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Public International Law

Brian’s public law and EU law practice has involved detailed consideration of a number of complex public international law matters. Brian has 15 years’ experience of appearing in international tribunals and has written widely on these matters. He has advised the Foreign Office in relation to a range of PIL matters and has acted for litigants arguing PIL points in domestic tribunals in Egypt, Tunisia and Ukraine.

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Sanctions

Brian is one the leading sanctions lawyers in the EU. He has acted for over 30 designated persons and entities before the General Court and the Court of Justice. Brian has also been involved in the political and administrative process of persuading the EU and OFAC to delist individuals and businesses. Brian has advised banks and corporates on a wide range of compliance issues relating to the EU, US and domestic sanctions covering in particular Russia and Iran. He has assisted designated entities in dealing with the consequential effects of such restrictive measures in their own countries. Brian has also advised HM Treasury on sanctions matters.

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Energy

Brian has established expertise in energy and infrastructure issues, covering State aid, carbon capture, emissions and energy trading. Brian has advised Ofgem on several competition law issues and acted for Shell in important competition and emissions trading cases. Brian has advised local authorities on renewables issues covering thermal recovery facilities and combined heat and power.

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Public & Regulatory

Brian is a leading public and regulatory lawyer. He has a particular expertise in regulatory investigations, and in relation to sanctions, telecommunications, pharmaceuticals, utilities regulation and pensions. He is an expert in the interaction between domestic public law and EU law. He has appeared in many of the leading regulatory public law cases of recent years in the Admin Court and the CAT including BASCA, Gibraltar Betting and BAT (tobacco plain packs).

Brian has advised and acted for the UK Government in wide range of public law cases before the Court of Appeal, the Supreme Court and the CJEU covering immigration and EU citizenship issues. Brian has also advised tribunals and government agencies in Ireland, the Virgin Islands, Hong Kong and the Cayman Islands.

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Arbitration

International arbitration is a significant part of Brian’s commercial practice. He has advised or appeared in many of the main arbitral centres, including London, Hong Kong, Paris and Dubai.  He is familiar with the rules and procedures of the various institutions, including those of the ICC, LCIA, DIAC, HKIAC and ICSID, as well as the UNCITRAL rules. Brian has represented clients in arbitration proceedings across a broad spectrum of industries, including: aviation; construction and infrastructure; energy and mining; finance and banking; insurance; transport; and telecommunications. Brian has also represented private investors in substantial investor-state disputes.

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Commercial

Brian has substantial experience in the Commercial Court and the Chancery Division and before arbitral tribunals. Brian has a particular interest in jurisdiction issues, and has acted for claimants and defendants in several recent major cases in England and overseas. Brian has acted in a number of the largest commercial cases brought in the UK involving claims based on competition law breaches. Brian has appeared in commercial cases in Hong Kong, Ireland, the Cayman Island and the BVI. He is expert in the overlap between commercial and regulatory work, in areas such as energy, pharmaceuticals, aviation and telecommunications. Brian has also litigated in the commercial courts many of the contractual issues arising from the sanctions imposed by the EU and the US on Iranian, Russian, Ukrainian and Egyptian companies and individuals.

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Civil Fraud, Asset Recovery & Injunctive Relief

Brian has substantial experience in the Commercial Court and the Chancery Division in fraud and injunctive work, including tracing cases. Brian has acted in many of the leading cases regarding jurisdiction and freezing orders and has represented claimants and defendants in several recent major cases in England and overseas. Brian has a particular expertise in litigating cartel cases, and the overlap between antitrust law and common law conspiracy, deceit and fraudulent misrepresentation.

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Financial Services

Brian regularly advises or acts in cases concerning the listing rules of the UK Listing Authority (UKLA) and the International Swaps and Derivatives Association (ISDA) Master Agreement and related documentation. He has experience of cases covering a variety of financial instruments and arrangements. He advises regularly on the rules and guidance contained in the FCA and PRA Handbooks and the Financial Services and Markets Act and has acted in enforcement proceedings, prosecutions, and investigations. Brian has advised and acted for the Financial Services Compensation Scheme in a number of important cases. He has particular expertise in the application of EU financial services law and international measures such as Basel II and Basel III. Brian has acted for the FCA in a number of important financial services cases before the European courts.

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Sport

Brian regularly appears before football and rugby arbitral tribunals and before the Court of Arbitration of Sport (CAS), as well as the Court of Appeal and the Court of Justice and General Court of the EU in sports cases. Brian has a particular interest in betting and gaming and advised Gibraltar based operators in relation to restrictions imposed by the UK Government in 2015.  

Brian was appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service. Brian was listed in “The World’s 20 Most Influential Sports Lawyers” in SportBusiness International and World Sports Law Report magazine in 2009.

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Telecommunications

Brian has appeared in many of the leading telecommunications cases in the UK in recent years, in the CAT, Court of Appeal and Court of Justice of the EU. Brian also acts for the telecommunications regulator of the Virgin Islands. Brian acts for regulators, operators and consumers and specialises in the overlap between telecommunications law and competition law.

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Media & Entertainment

Brian has extensive experience in media and broadcasting litigation, particularly in the overlap between media/broadcasting law and EU law. Brian has particular expertise in the legal issues arising from new technologies and market developments in this field, deploying his existing expertise in telecommunications law and competition law.

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Achievements

Education

MA (Cantab), Licence spéciale en droit européen (ULB), (Scholarship: Queen Mother Scholar, Middle Temple)

Publications

  • Co-author of EU Competition Law: General Principles 
  • Counting the pennies in sport: UEFA’s Financial Fair Play Regulations under the competition law microscope (2014, CPI Anti-Trust Journal)
  • “Judicial Review of Sanctions Decisions: “The Wrong Point in the Wrong Court with the Wrong Defendant?” (2013) Judicial Review
  • “Competition Law: Review of 2011” (2012) Competition Law Journal 7
  • “Anti-trust forum-shopping in England: is Provimi Ltd v Aventis correct?” (May 2010) CPI Anti-Trust Journal 46 (cited in Cooper Tire & Rubber Co v Shell Chemicals UK Ltd [2010] EWCA Civ 864 and Toshiba Carrier UK Ltd v KME Yorkshire Ltd [2011] EWHC 2665 (Ch) at [30]).
  • Co-author of Human Rights Law and Practice edited by Lester & Pannick (3rd ed., 2009) – chapters on Article 6 and 8 ECHR and Administrative Court: Practice and Procedure (1st ed., 2006).
  • “Piggybacking tips: lessons from the section 47A case-law” (2009) Competition Law Journal 180
  • Major author of the chapter on competition law in the 2nd edition of Sport: Law and Practice (eds. Lewis and Taylor)(2008).
  • Author of the competition law chapters in Schmitthoff’s Export Trade (11th ed.)(2007) and Employee Competition (2007).
  • Co-author of EU Competition Law: General Principles (2006)
  • Co-author (with David Vaughan QC) of Competition Law: Abuse of a Dominant Position (2005) in the Encyclopedia of EU Law (eds Vaughan and Robertson).
  • “Regulators and Split Personality” (2007) Legal Week 30
  • “Judicial Review and the Competition Appeal Tribunal” (2006) Judicial Review.
  • “Damages actions before the CAT and the passing on defence” (2004) Competition Law Journal 238.

Appointments

  • Appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service.
  • Brian is a member of the Attorney-General’s ‘A’ Panel.

Memberships

  • Bar European Group
  • Justice
  • Liberty
  • ALBA
  • COMBAR

Selected earlier reported cases

EU & Competition

  • Sintesi e Ricerca v Royal Dutch Shell (settled)
  • Deutsche Bahn AG & Others v Morgan Crucible Company PLC & Others (2014)
  • Universal/EMI Group (2013/2014)
  • London Olympic Stadium State aid (2012)
  • National Grid v Gas and Electricity Markets Authority [2010] EWCA Civ 114; [2010] UKCLR 386
  • Provimi v Aventis [2003] 2 All E.R. (Comm) 683
  • BCL v Aventis
  • Devenish Nutrition Ltd v Sanofi-Aventis SA & Ors [2009] 3 WLR 198 (Court of Appeal)
  • Hutchinson 3G UK Ltd v O2 Ltd & Ors [2008] All ER (D) 80  
  • Case C-162/13 Vnuk 
  • Case C-435/11 CHS Tour Services 
  • Case C-139/10 Prism Investments 
  • Case C-308/11 Chemische Fabrik Kreussler & Co GmbH 
  • R (Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  • Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc 
  • Case T-121/09 Al Shanfari v Council and Commission
  • Case T-55/08 UEFA, FIFA v Commission 
  • Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform 

Public International Law

  • Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR 51

Sanctions

  • Bredenkamp and Others v Commission T-145/09 
  • Al Shanfari v Council T-121/09

Public & Regulatory

  • Case C-403/13 Kelly 
  • Case C-680/11 Anita Chieza 
  • Franzen v Raad van bestuur van de Sociale verzekeringsbank (C-382/13) EU:C:2015:261
  • Case C-529/11 Alarape and Tijani [2013] 1 WLR 2883
  • R (Cable & Wireless) v Communications Commission of the Isle of Man 
  • BT plc v Competition Commission [2013] EWCA Civ 154
  • R (Barco de Vapor) v Thanet DC [2012] EWHC 3429
  • R (Leyton Orient Football Club Ltd) v Secretary of State for DCMS (2012)
  • R (Imperial Tobacco) v Secretary of State for Health (2012) 
  • R (Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  • R (ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  • R (ABS Financial Planning Ltd) v Financial Services Compensation Scheme [2011]  EWHC 18 (Admin)
  • Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] 2 CMLR 32
  • Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010)
  • R (Al Shanfari) v Secretary of State for Foreign and Commonwealth Affairs (2010)
  • Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights) 
  • R (Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] Times Law Reports, 7 May (Court of Appeal)
  • AES Kilroot v NIAUR (Utility Regulator) [2008] NIQB 62 

Commercial

  • Sukhoruchkin v Van Bekestein [2013] EWHC 1993
  • Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea 

Civil Fraud, Asset Recovery & Injunctive Relief

  • Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  • Re Bloomsbury International Ltd [2010] EWHC 1150 (Ch)
  • Sukhoruchkin v Van Bekestein [2013] EWHC 1993
  • Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea

Financial Services

  • Advice on the Report of the Independent Commission on Banking (“Vickers Report”) (2012)
  • Anderson Ross Group v Financial Services Commission; Financial Services Review Panel (2011)
  • R (ABS Financial Planning) v Financial Services Compensation Scheme Ltd [2011] EWHC 18 (Admin) 
  • R (on the Application of Kaupthing Bank Hf) v HM Treasury (2010)
  • Kaupthing Singer & Friedlander (Isle of Man)
  • Bankas Snoras
  • IG Markets v Taaffe
  • LIFFE v Molenbergnatie
  • Phoenix/MG Rover
  • FSA/US CFTC investigation into Vitol Oil Traders
  • Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR

Sport

  • Case T-55/08 UEFA, FIFA v Commission (17 February 2011, General Court of the EU)
  • Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  • R (Leyton Orient Football Club Ltd) v Secretary of State for Culture, Media and Sport and ors (2011)
  • British Horseracing Authority/Tyrell (2011)
  • Chelsea FC v Adrian Mutu (2010)
  • FIFA “6+5” Rule in football (2010)
  • FA dispute re new WADA “whereabouts” rules (2010)
  • Association of Rugby Agents v Premier Rugby Limited
  • Proposed Licensing System for the Rugby League Super League 2012-2014
  • British Horseracing Authority/Phelan (2010)
  • District Government of Dusseldorf v Betfair (2009)
  • Betfair v Horserace Betting Levy Board (2009)
  • Football Players’ Agents’ Regulations (2007/2008)

Telecommunications

  • 4G Spectrum refarm and new spectrum auctions (2013)
  • British Telecommunications plc v Ofcom (MCT) [2013] EWCA Civ 154
  • Mobile Wallet Joint Venture (2012)
  • Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc (17 February 2011)
  • British Telecommunications plc v Ofcom (MCT) [2011] EWCA Civ 245
  • British Telecommunications plc v Ofcom (MCT) [2011] CAT 31
  • Everything Everywhere Ltd v Ofcom (0845/0870) [2011] CAT 26
  • British Telecommunications plc v Ofcom (080) [2011] CAT 15
  • Case C-58/08 R (Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010, Court of Justice of the EU)
  • Vodafone Ltd v British Telecommunications Plc [2010] EWCA Civ 391
  • British Telecommunications Plc v Ofcom [2010] CAT 17
  • Ofcom v Floe Telecom Ltd [2009] EWCA Civ 47; [2009] UKCLR 659
  • Hutchison 3G UK Ltd  v Ofcom [2009] EWCA Civ 683
  • Hutchison 3G UK Ltd v Ofcom [2009] CAT 11 
  • Vodafone Ltd v Ofcom [2008] CAT 22
  • Hutchison 3G UK Ltd v Ofcom [2008] CAT 10, [2007] CAT 33 
  • Hutchison 3G UK Ltd v Ofcom [2008] CAT 5
  • Software Cellular Network Ltd v T-Mobile (UK) Ltd [2007] All ER (D) 314. 

Media & Entertainment

  • Case T-55/08 UEFA, FIFA v Commission [2011] ECR II-271 
  • R (ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  • University of Oxford v Broughton and others (2010/2011)
  • Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights) 
  • Channel 6 (2009)
  • BBC Trust/Freesat

Pharmaceuticals

  • Mercury Pharma/Shire v Department of Health (2013)
  • Case C-308/11 Chemische Fabrik Kreussler & Co GmbH (6 September 2012)
  • R (Napp Pharmaceuticals) v Home Office (2012)
  • R (Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] EWCA Civ 438

VAT registration number: 757123529

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