Dominic Howells

Acting for the defendant, HSBC, in a £1.3bn legal challenge brought by a group of over 300 investors in a series of filming financing schemes known as the Eclipse Partnerships, which HMRC ruled were unlawful tax avoidance vehicles. The claim was first brought in 2020 and is continuing. (Led by Andrew Green QC and Simon Pritchard)

Acted for the  claimant importer in a damages claim against the MMO for fishery products wrongfully detained at port in purported reliance on EU law powers. A positive judgment for the claimant following a two-day hearing of preliminary issues was dispositive on all liability issues. (Led by Tom de la Mare QC)

Instructed for the defendant, a former senior employee and founder of the claimant company in proceedings concerning alleged misuse of confidential information, unlawful competition, breach of covenants and conspiracy. The case involved an application for the delivery of documents and computers and an application for permission to bring committal proceedings.

Acted for the defendant lottery operator, successfully resisting an application for Norwich Pharmacal relief to require disclosure of the identity of the lottery winner.

Acted for the successful claimant in a claim arising out of his participation in a property development joint venture. The claimant recovered over £1.2 million representing his unpaid share of the fees generated by the joint venture and the reimbursement of fees wrongly charged on his own investment. Led by Andrew Green QC at trial; appeared unled in various hearings for interim applications and consequential matters.

Acted for the defendant, a sports manager and agent in relation to a claim brought by a tennis player client. The claimant sought a declaration that the contract engaging the defendant was an unenforceable restraint of trade. Led by Nick de Marco QC in a case which settled on the first day of trial; appeared unled in various hearings for interim applications and case management.

Advised the sellers of an online gambling business in relation to an arbitral claim against the buyers for earn-out consideration in which counterclaims were asserted for alleged breaches of warranties. Led by Andrew Green QC in a case which settled at mediation.

Instructed by the second defendant (a booking agent) in a claim brought by a hotelier alleging fraud, breach of competition law and unfair contract terms. Appeared for the second defendant in a successful strike out application.

Acted in an arbitration at the CIArb in relation to a commercial vehicle rental agreement. 

Acted for Economy Energy in relation to a claim for damages for breach of an agency contract and compensation pursuant to the Commercial Agents (Council Directive) Regulations 1993. The Claimant's claim was for approximately £21 million, of which it recovered £1 million. (Led by Andrew Green QC)

Advised on jurisdiction, the enforceability of an arbitration agreement and the availability of anti-suit relief in relation to a dispute arising out of film financing arrangements (with Nick de Marco).

Appeared for the appellant hauliers in their challenge to a seizure decision by the Border Force.

Appeared for the second interested party in support of the respondent to an application for interim relief in the Administrative Court. The dispute concerned the implementation of CMP264/265 changes to regulated charges for electricity transmission.

Advice to the Trustee of the liquidation of Bernard Madoff’s New York corporation (BLMIS) and his personal estate in relation to recovery proceedings (assisting Pushpinder Saini QC and Robert Weekes).

Dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement and the principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things, a conspiracy to defraud (assisting Robert Weekes).

Acted for the successful claimant in High Court proceedings to recover a sum lent to finance a property development venture. The defendant was subject to a freezing order to prevent the dissipation of his assets.

Instructed for the defendant, a former senior employee and founder of the claimant company in proceedings concerning alleged misuse of confidential information, unlawful competition, breach of covenants and conspiracy. The case involved an application for the delivery of documents and computers and an application for permission to bring committal proceedings.

Dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement and the principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things, a conspiracy to defraud (assisting Robert Weekes).

Acted for the successful claimant in High Court proceedings to recover a sum lent to finance a property development venture. The defendant was subject to a freezing order to prevent the dissipation of his assets.

An application for committal for contempt of court arising out of breaches of a search order and freezing injunction (assisting Anthony Peto QC and Robert Weekes).

Advice to the Trustee of the liquidation of Bernard Madoff’s New York corporation (BLMIS) and his personal estate in relation to recovery proceedings (assisting Pushpinder Saini QC and Robert Weekes).

Advised the sellers of an online gambling business in relation to an arbitral claim against the buyers for earn-out consideration in which counterclaims were asserted for alleged breaches of warranties. Led by Andrew Green QC in a case which settled at mediation.

Advised on jurisdiction, the enforceability of an arbitration agreement and the availability of anti-suit relief in relation to a dispute arising out of film financing arrangements (with Nick de Marco).

Acted in an arbitration at the CIArb in relation to a commercial vehicle rental agreement. 

Acted pro bono for the respondent charity in a seven-day trial, successfully defending claims of discrimination, whistleblowing detriment and unfair dismissal. 

Acted for the respondent employer in a one-day unfair dismissal hearing in which partial defences of contribution and Polkey reduction succeeded.

Appeared for the successful claimants at a six-day trial and subsequent remedy and costs hearing in relation to claims for sex and religious discrimination, sexual harassment and whistleblowing detriment. 

Acted for the successful respondent employer in a complex unfair dismissal, discrimination and whistleblowing case with a cross-border element. The case involved a two-day preliminary hearing on jurisdiction and a four-day substantive final hearing.

Instructed for the defendant, a former senior employee and founder of the claimant company in proceedings concerning alleged misuse of confidential information, unlawful competition, breach of covenants and conspiracy. The case involved an application for the delivery of documents and computers and an application for permission to bring committal proceedings.

Appeared for the respondent employer at a three-day trial, successfully defending claims of whistleblowing detriment and unfair dismissal in relation to alleged health-and-safety protected disclosures in the construction industry.

Appeared for the claimant in a four-day trial of claims for discrimination, sexual harassment and whistleblowing arising out of her employment. The case was made subject to anonymity orders in view of the content of the allegations.

Advice in relation to unlawful competition by a number of former employees including breaches of post-termination restrictive covenants, misuse of confidential information and conspiracy.

Advice to the regulator of an offshore financial centre on the interpretation of local employment regulations (assisting Ben Jaffey QC).

A claim for damages and injunctive relief brought against a former employee and his new employer. The claim concerned the enforceability of garden leave and post-termination restrictive covenants and the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (assisting Paul Goulding QC and Diya Sen Gupta).

Advice to an employer in relation to its policy on pay for employees returning from maternity leave (assisting Diya Sen Gupta).

Advised on a case involving a complex set of claims made by and against a former employee which raised contractual, breach of confidence and statutory employment issues (Led by Robert Howe QC).

Acted for the defendant, a sports manager and agent in relation to a claim brought by a tennis player client. The claimant sought a declaration that the contract engaging the defendant was an unenforceable restraint of trade. Led by Nick de Marco QC in a case which settled on the first day of trial; appeared unled in various hearings for interim applications and case management.

Acted for the sports governing body, prosecuting two players for bringing the game into disrepute by their conduct off the field of play.

Advice in relation to sanctions for breaches of anti-doping rules under the Word Anti-Doping Agency Code.

Appeared for a boxer in misconduct proceedings under Regulation 25 of the British British Boxing Board of Control, heard before the Southern Area Council.

Instructed by the respondent company in enforcement proceedings brought by the FCA over a stock exchange announcement concerning the company’s preference shares. Led by Javan Herberg QC in proceedings before the RDC.

Seconded to the Financial Conduct Authority to work on the transfer of claims management regulation from the Ministry of Justice to the FCA.

Acted for the defendant Government department in relation to a claim for alleged interference with the claimant’s rights under Article 1 Protocol 1 of the ECHR, arising out of a proposed change to the feed-in tariff for solar electricity. The defendant brought a successful application for summary judgment on limitation grounds and resisted an appeal to the Court of Appeal. Led by Tom Weisselberg QC.

A claim under article 10 of the European Convention on Human Rights concerning the blanket exclusion of GCHQ from disclosure obligations under the Freedom of Information Act 2000 (assisting Ben Jaffey QC).

Response to the Secretary of State’s application under section 6 of the Justice and Security Act 2013. The application sought a declaration that closed material proceedings could be used to protect sensitive information about UK involvement in extraordinary rendition (assisting Ben Jaffey QC).

Advice to a charitable foundation on the requirements of the Equality Act 2010 with respect to discrimination on the grounds of religion and race (assisting Ben Jaffey QC).

A claim concerning the legality of the intelligence services’ use of bulk personal datasets and bulk communications data (assisting Ben Jaffey QC).

Advice on the merits of a claim against a research company for breach of the Data Protection Act 1998 in the processing of sensitive personal data (assisting Ben Jaffey QC).

Advice on the merits of an appeal against a notice by the Secretary of State under section 40 of the British Nationality Act 1986, depriving a person of British citizenship (assisting Ben Jaffey QC).

Acted for the  claimant importer in a damages claim against the MMO for fishery products wrongfully detained at port in purported reliance on EU law powers. A positive judgment for the claimant following a two-day hearing of preliminary issues was dispositive on all liability issues. (Led by Tom de la Mare QC)

Acted for the defendant Government department in relation to a claim for alleged interference with the claimant’s rights under Article 1 Protocol 1 of the ECHR, arising out of a proposed change to the feed-in tariff for solar electricity. The defendant brought a successful application for summary judgment on limitation grounds and resisted an appeal to the Court of Appeal. Led by Tom Weisselberg QC.

Advice to the regulator of an offshore financial centre on the interpretation of local employment regulations (assisting Ben Jaffey QC).

An appeal to the Court of Appeal from Ofcom’s determination that BT should make repayments with interest in connection with overcharges for Ethernet services (assisting Tristan Jones).

Advice on a potential application for judicial review of the Legal Aid Agency’s failure to determine an appeal against its refusal of funding (assisting Ben Jaffey QC). 

Appeared for the second interested party in support of the respondent to an application for interim relief in the Administrative Court. The dispute concerned the implementation of CMP264/265 changes to regulated charges for electricity transmission.

Acted for EDF and SSE in an appeal to the CMA under section 173 of the Energy Act 2004. The case concerned the interpretation of an EU Regulation on charges for electricity transmission and the application of public law principles of regulatory consistency (with Kieron Beal QC).

Seconded to the Financial Conduct Authority to work on the transfer of claims management regulation from the Ministry of Justice to the FCA.

Appeared for the appellant hauliers in their challenge to a seizure decision by the Border Force.

Acted for the  claimant importer in a damages claim against the MMO for fishery products wrongfully detained at port in purported reliance on EU law powers. A positive judgment for the claimant following a two-day hearing of preliminary issues was dispositive on all liability issues. (Led by Tom de la Mare QC)

An appeal to the Court of Appeal from Ofcom’s determination that BT should make repayments with interest in connection with overcharges for Ethernet services (assisting Tristan Jones).

Advice on the merits of a follow-on damages claim based on findings by the Competition and Markets Authority that market participants had entered into a restrictive arrangement (assisting Tristan Jones).

A follow-on damages claim in relation to the cartelisation of the automotive bearings market (assisting Tristan Jones).

Advice on jurisdiction issues under the Recast Brussels Regulation in relation to a pan-European competition damages claim (assisting Tristan Jones).

A claim for damages relating to the setting of payment card interchange fees (assisting Tristan Jones).

An application for a collective proceedings order under section 47B of the Competition Act 1998 (assisting Thomas de la Mare QC and Tristan Jones).