Jason Pobjoy

Acted for Visa in application for access to documents that had been used in a case similar to a claim Visa was defending in the Commercial Court, in circumstances where Visa had not been a party to the CAT case (with Dinah Rose QC).

Jason is presently acting Visa is this Commercial Court case, listed for 12 weeks from November 2016, in relation to interchange fees arising out of Visa card transactions in Europe. There are four separate claims being tried together, involving four sets of Claimants (including Arcadia, M&S, Sainsbury’s and Tesco). The Claimants contend that the relevant interchange fees infringe EU, UK and Irish competition law. The claimants claim in excess of 1 billion pounds. The case is scheduled to be the longest competition law trial of 2016/17, and has been identified as one of the top 20 cases of 2016 (The Lawyer).

Acting for Imperial Tobacco in its challenge to the Standardised Packaging of Tobacco Products Regulations 2015. The case raises issues relating to the deprivation of property, freedom of movement, and EU intellectual property law. Appeal to the Court of Appeal pending (with Dinah Rose QC and Brian Kennelly QC).

Acted in the High Court and Court of Appeal for renewable source energy generators in challenge to the withdrawal of tax relief with practical immediacy. It is alleged that the withdrawal violates applicable standards of EU law, including the principles of foreseeability and proportionality, and A1P1 ECHR. (with Michael Fordham QC).

Acted for Imperial Tobacco in its challenge to the EU’s Second Tobacco Products Directive (with Dinah Rose QC and Brian Kennelly QC).

Advised the European Publishers Council and the Professional Publishers Association as to whether the European Commission’s proposal to regulate indices used as benchmarks in financial instruments and contracts was compatible with the fundamental freedoms of the press under EU law (with Michael Beloff QC, Brian Kennelly QC and James Segan).

Acting for a large group of Mexican shareholders challenging the decisions of the Single Resolution Board and the European Commission to take resolution action in respect of Banco Popular in 2017. This action resulted in the sale of Banco Popular to Banco Santandar for 1 euro. The grounds of challenge include a failure to respect the shareholders' due process rights, property rights, and right to effective judicial review.

Advising the Competition and Markets Authority (unled) in a large-scale investigation raising issues under the Consumer Protection from Unfair Trading Regulations, the Consumer Contract Regulations and the Consumer Rights Act.

Acted for BID and Medical Justice in case concerning immigration detention of those with mental illness (with Michael Fordham QC and Laura Dubinksy). 

Acting for Imperial Tobacco in its challenge to the Standardised Packaging of Tobacco Products Regulations 2015. The case raises issues relating to the deprivation of property, freedom of movement, and EU intellectual property law. Appeal to the Court of Appeal pending (with Dinah Rose QC and Brian Kennelly QC).

Acted in the High Court and Court of Appeal for renewable source energy generators in challenge to the withdrawal of tax relief with practical immediacy. It is alleged that the withdrawal violates applicable standards of EU law, including the principles of foreseeability and proportionality, and A1P1 ECHR. (with Michael Fordham QC).

Advising the BBC in connection with issues arising under the BBC Charter, and the Political Parties, Elections and Referendums Act 2000 (ongoing) (with Javan Herberg QC).

Acting for an eminent surgeon from Singapore in a challenge to disciplinary proceedings by the GMC following a finding of overcharging by the Singapore Medical Council (with Michael Fordham QC).

Acting successfully for the FRC in this case which concerns a challenge brought by auditors to a decision of the Executive Counsel to the FRC to deliver a formal complaint against the claimants. Appeal to the Court of Appeal pending (with Michael Fordham QC).

Acted successfully for the Association of British Insurers in this Reference which concerns the legislative competence of the National Assembly for Wales to recover NHS charges from tortfeasors, and the compatibility of such recoupment with Article 1 Protocol 1 (with Michael Fordham QC). 

Acted for the SSJ in this challenge to the SSJ’s policy on the receipt of packages in prison (with Brian Kennelly QC).

Acted for the Attorney General of Jersey and the States of Guernsey in this case which concerned the constitutional relationship between the Channel Islands and the United Kingdom (with Sir Jeffrey Jowell QC and Iain Steele).

Acted for the Defendant in this challenge to the SSJ’s decision to bring the costs provisions in LASPO into force in respect of mesothelioma claims (with Shaheed Fatima). 

Jason Pobjoy is acting (unled) for an environmental NGO in respect of a challenge to the decision of the Ministry of Defence to refuse to designate the Goodwin Sands as an archaeological site in light of the very large number of ships and planes that went down in this area during WWII. The issue has arisen as a result of a dredging application that has been made to build a port in Devon. The dredging will have detrimental impact on marine wildlife and the large number of ships, aircraft and crew lost at sea during WWII, during the Battle of Britain.

Jason assisted in the development of an innovative legal strategy to challenge the Ministry of Defence's failure to use obscure Protection of Military Remains Act 1986 powers to protect the Goodwin Sands.

Acting for the claimants in this important case, which has been prioritised by the ECtHR. The case addresses whether there is a human rights obligation under ECHR and/or customary international law to undertake a further inquiry into the 1948 massacre during the Malayan Emergency (with Michael Fordham QC).

Jason is a member of UNHCR’s London Panel of Counsel. In this capacity, Jason acted pro bono for UNHCR in the Supreme Court in this case which concerns the circumstances in which Art 8 ECHR will be engaged by a decision to prosecute a refugee for the use of false documents. The case has far-reaching implications for refugees entering the United Kingdom.

Acting for the AIRE Centre in the Court of Appeal in this case which concerns the application of Art 8 ECHR to unaccompanied refugee children in the Calais “Jungle” (with Raza Husain QC).

Acting for six families of recognised refugees residing in the UK Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, challenging the decision of the SSHD to refuse admission to the UK (with Raza Husain QC and Tom Hickman). Currently pending before the Court of Appeal.

Acted for approximately 1,400 Iraqi claimants in this case which concerns the jurisdictional reach of Art 1 ECHR and the scope of the investigative duties under Art 3 and Art 5 ECHR, and the investigative obligations under UNCAT and customary international law (with Michael Fordham QC, Danny Friedman QC and Dan Squires).

Acted for BID and Medical Justice in case concerning immigration detention of those with mental illness (with Michael Fordham QC and Laura Dubinksy). 

Acted for the Secretary of State for Justice before the Supreme Court in this case which concerned whether the CFA and ATE premium regime in place prior to the Jackson reforms is compatible with Article 6 and A1P1 ECHR (with Tom Weisselberg QC).

Acted for UNHCR in its intervention before the Court of Appeal in this case which concern the proper interpretation of Art 1F(b) of the Refugee Convention (with Michael Fordham QC and Samantha Knights).

Acting for the EHRC in its intervention before the Supreme Court in this case which concerns the test for disability discrimination in the social housing context (with Monica Carss-Frisk QC).

Acted successfully for the Association of British Insurers in this Reference which concerns the legislative competence of the National Assembly for Wales to recover NHS charges from tortfeasors, and the compatibility of such recoupment with Article 1 Protocol 1 (with Michael Fordham QC). 

Acted for the National Iranian Tanker Company in an urgent judicial review permission application, including an application for interim relief, relating to the SSHD’s decision to vote in favour of the redesignation of NITC. Permission for judicial review granted (with Tom de la Mare QC).

Acted successfully for the Office of the Children’s Commissioner before the Upper Tribunal and Court of Appeal in this challenge to the SSHD’s refusal to return a 5-year old boy from Nigeria and his mentally ill mother on the basis that the SSHD did not adequate consider the child’s best interests. SSHD ordered to return to the family (with Monica Carrs-Frisk QC and Kate Gallafent QC).

Acting pro-bono for ILGA-Europe, AIRE Centre and the International Commission of Jurists in this case which concerns questions about the scope of the positive obligations to undertake effective investigation in the context of hate crimes motivated in whole or in part by an individual’s real or imputed sexual orientation or gender identity.

Acted pro bono for the Equality Network in its intervention in the Supreme Court in this important case involving questions as to the rights of transgender people to have information about their gender history kept private. Jason assisted the Equality Network in the preparation of detailed evidence and submissions addressing the true impact that data retention policies have on the day-to-day lives of transgender people.

Jason is acting (unled) on a pro bono basis for the AIRE Centre in a case challenging the UK’s policy in relation to rough sleeping in the Upper Tribunal. The UK has passed a policy which suggests that rough sleeping in an of itself constitutes an “abuse of rights” for the purposes of Article 35 of the Citizens Rights Directive. This has had a significant impact on free movement rights under the TFEU.

Jason regularly acts on a pro bono basis for the AIRE Centre in cases involving complex issues of EU immigration law.

Instructed by the Equality and Human Rights Commission to advise on and prepare submissions on the human rights and equality implications of the Grenfell Tower tragedy including, in particular, in relation to the right to life under Article 2 ECHR, the right to adequate and dignified housing, the right to non-discrimination and equality, and children’s rights under the Convention on the Rights of the Child.

Acted for Visa in application for access to documents that had been used in a case similar to a claim Visa was defending in the Commercial Court, in circumstances where Visa had not been a party to the CAT case (with Dinah Rose QC).

Acting for Lord Archer in context of a long-running contractual dispute (with Andrew Hunter QC).

Acting for an employer in an urgent interim injunction application in restrictive covenant/breach of confidence claim (with Robert Howe QC).

Acting for investor in context of long-running dispute concerning payment of royalties and the enforcement of rights under various production agreements (with Andrew Hunter QC).

Advising employer on issues arising out of publication, by an ex-employee, of highly commercially sensitive information (with Tony Peto QC).

Acting for a commercial lender in application to strike out a financial misselling claim on the basis that the claim was time-barred.

Advising overseas regulator in the context of a high-profile investigation into a company and its directors following a failure to disclose price-sensitive information to the market (with Javan Herberg QC).

3-month secondment, advising on a variety of financial services matters, including the FCA’s conduct of business rules, the FCA’s regulatory duties, and the domestic implementation of the Mortgage Credit Directive and Payment Services Directive. Jason has since been instructed by the FCA to assist in drafting various amendments to the FCA Handbook.

Acting for the sons of the former president of Egypt and their wives, in challenging the EU sanctions imposed on the basis of alleged crimes in Egypt, notwithstanding that no evidence has been supplied to the Council in relation to the wives, the Egyptian courts have dismissed the allegations related to the sons and their single conviction, which is nevertheless spent, as well as their ongoing proceedings are marred by flagrant violations to Articles 6 & 7 ECHR (with Brian Kennelly QC).

Acting for the wife of the former president of Egypt in challenging EU sanctions imposed on the basis of alleged crimes in Egypt, notwithstanding that no evidence has been supplied to the Council (with Brian Kennelly QC).

Acting for the National Iranian Tanker Company in its application for interim relief and annulment in relation to its re-listing. The case concerns the reinstatement of sanctions on an entity in circumstances in which that entity has already won a legal challenge against a previous attempt to designate it, and the factual allegations against the Appellant have not changed. The issues before the Court raise fundamental questions about the need for effective remedies for unlawful action by the Council, and as to the proper limits on the Council’s ability to engage in unfair and abusive re-designation and re-litigation. An appeal is currently pending before the Court of Justice (with Tom de la Mare QC and Maya Lester QC).

Jason regularly advises, led and unled, companies and individuals in relation to compliance with the EU and international sanctions regimes, particularly with regard to Iran, Egypt, Syria, Ukraine and Russia.

Acting for Mr Klyuyev, a former Ukrainian politican, in challenging EU sanctions on the basis of a lack of evidence. Mr Klyuyev succeeded in overturning the original designation, and his challenge in relation to his subsequent re-designation is currently pending (with Brian Kennelly QC).

Acting for the former Chief of Staff of the former Ukrainian President in challenging EU sanctions alleging misappropriation and corruption, on the grounds of breach of human rights and lack of evidence. The General Court annulled the freezing of funds for Mr Klyuyev for the period 6 March 2014 until 5 March 2015, on the basis that the Council did not have any detail of the specific acts that Mr Klyuyev was alleged to have committed. In a significant legal development, the Court accepted the submissions made by Mr Klyuyev that the listing criterion must be interpreted restrictively, so as not to cover any act classifiable as misappropriation of public funds, but only those acts which are such to undermine the legal and institutional foundations of Ukraine. Jason is currently acting for Mr Klyuyev in relation to his re-designation (with Brian Kennelly QC).

Acted successfully for Mr Ivanyuschenko, a prominent Ukranian businessman and former politician, in his annulment application. The Court held that the Council had committed a manifest error of assessment in determining that there was a legitimate basis for listing him. (with Brian Kennelly QC).

Acting for a former Ukrainian Minister of Revenue and Duties in his challenge to EU sanctions, on the basis that the allegations made by the new administration are false and driven by the commercial interests of the new rulers in Ukraine (with Brian Kennelly QC).

Acting for Mr Ezz and his wives before the General Court in this third application to unfreeze their assets (with Brian Kennelly QC). 

Acted for the National Iranian Tanker Company in an urgent judicial review permission application, including an application for interim relief, relating to the SSHD’s decision to vote in favour of the redesignation of NITC. Permission for judicial review granted (with Tom de la Mare QC).

Acted for Mr Ezz and his wives in an appeal to the Court of Justice challenging a decision of the General Court refusing to annul restrictive measures freezing funds in the EU because of an alleged misappropriation of Egyptian State funds in connection with the Mubarak regime. The Ezz judgment is one of the leading cases in this area (with Brian Kennelly QC).

Acted for Mr Kurchenko in an application to annul restrictive measures freezing funds in the EU because of an alleged misappropriation of Ukrainian State funds in connection with the Yanukovych regime (with Brian Kennelly QC).

Acting for the claimants in this important case, which has been prioritised by the ECtHR. The case addresses whether there is a human rights obligation under ECHR and/or customary international law to undertake a further inquiry into the 1948 massacre during the Malayan Emergency (with Michael Fordham QC).

Jason is a member of UNHCR’s London Panel of Counsel. In this capacity, Jason acted pro bono for UNHCR in the Supreme Court in this case which concerns the circumstances in which Art 8 ECHR will be engaged by a decision to prosecute a refugee for the use of false documents. The case has far-reaching implications for refugees entering the United Kingdom.

Acting for six families of recognised refugees residing in the UK Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, challenging the decision of the SSHD to refuse admission to the UK (with Raza Husain QC and Tom Hickman). Currently pending before the Court of Appeal.

Acted for approximately 1,400 Iraqi claimants in this case which concerns the jurisdictional reach of Art 1 ECHR and the scope of the investigative duties under Art 3 and Art 5 ECHR, and the investigative obligations under UNCAT and customary international law (with Michael Fordham QC, Danny Friedman QC and Dan Squires).

Acted for UNHCR in its intervention before the Court of Appeal in this case which concern the proper interpretation of Art 1F(b) of the Refugee Convention (with Michael Fordham QC and Samantha Knights).

Advising on a complaint to the ILO (with Shaheed Fatima).

Acting pro-bono for ILGA-Europe, AIRE Centre and the International Commission of Jurists in this case which concerns questions about the scope of the positive obligations to undertake effective investigation in the context of hate crimes motivated in whole or in part by an individual’s real or imputed sexual orientation or gender identity.

Advised on various provisions of the Constitution of the Universal Postal Union, the General Regulations of the Universal Postal Union and the Universal Postal Convention (with Shaheed Fatima).

Advised on the definition of “investment” in various Bilateral Investment Treaties, and Article 25 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (with Gerard Clarke).

Communication to the UN Human Rights Committee on behalf of an individual deported to Sweden.

Urgent Communication to the UN Working Group on Arbitrary Detention in connection with the arbitrary detention of a group of men detained in Australia in connection with suspected terrorist activities.

Advised an Australian citizen facing the death penalty in an overseas jurisdiction.

Jason is a member of UNHCR’s London Panel of Counsel. In this capacity, Jason acted pro bono for UNHCR in the Supreme Court in this case which concerns the circumstances in which Art 8 ECHR will be engaged by a decision to prosecute a refugee for the use of false documents. The case has far-reaching implications for refugees entering the United Kingdom.

Acting for the AIRE Centre in the Court of Appeal in this case which concerns the application of Art 8 ECHR to unaccompanied refugee children in the Calais “Jungle” (with Raza Husain QC).

Acting for six families of recognised refugees residing in the UK Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, challenging the decision of the SSHD to refuse admission to the UK (with Raza Husain QC and Tom Hickman). Currently pending before the Court of Appeal.

Acted for BID and Medical Justice in case concerning immigration detention of those with mental illness (with Michael Fordham QC and Laura Dubinksy). 

Acted successfully for the Office of the Children’s Commissioner before the Upper Tribunal and Court of Appeal in this challenge to the SSHD’s refusal to return a 5-year old boy from Nigeria and his mentally ill mother on the basis that the SSHD did not adequate consider the child’s best interests. SSHD ordered to return to the family (with Monica Carrs-Frisk QC and Kate Gallafent QC).

Acted for a mother and son in this important appeal before the Court of Appeal which concerns the proper approach to the definition of persecutory harm under the Refugee Convention in cases involving children. The child in this case is a 5-year albino boy, who would face widespread societal discrimination if returned to Nigeria, including a risk of ritual killing. The Secretary of State conceded the appeal before the hearing.

Jason is acting (unled) on a pro bono basis for the AIRE Centre in a case challenging the UK’s policy in relation to rough sleeping in the Upper Tribunal. The UK has passed a policy which suggests that rough sleeping in an of itself constitutes an “abuse of rights” for the purposes of Article 35 of the Citizens Rights Directive. This has had a significant impact on free movement rights under the TFEU.

Jason regularly acts on a pro bono basis for the AIRE Centre in cases involving complex issues of EU immigration law.

Acting for a large group of Mexican shareholders challenging the decisions of the Single Resolution Board and the European Commission to take resolution action in respect of Banco Popular in 2017. This action resulted in the sale of Banco Popular to Banco Santandar for 1 euro. The grounds of challenge include a failure to respect the shareholders' due process rights, property rights, and right to effective judicial review.

Advising overseas regulator in the context of a high-profile investigation into a company and its directors following a failure to disclose price-sensitive information to the market (with Javan Herberg QC).

3-month secondment, advising on a variety of financial services matters, including the FCA’s conduct of business rules, the FCA’s regulatory duties, and the domestic implementation of the Mortgage Credit Directive and Payment Services Directive. Jason has since been instructed by the FCA to assist in drafting various amendments to the FCA Handbook.

Acting successfully for the FRC in this case which concerns a challenge brought by auditors to a decision of the Executive Counsel to the FRC to deliver a formal complaint against the claimants. Appeal to the Court of Appeal pending (with Michael Fordham QC).

Acting for an employee in a 4-day unfair dismissal and age discrimination claim.

Acting for an employee in a long-running race discrimination claim which raised issues of the proper approach to permitting amendment where multiple allegations are sought to be raised, and the proper approach to an application to vary an unless order (with Kate Gallafent QC).

Acting for an employer in an urgent interim injunction application in restrictive covenant/breach of confidence claim (with Robert Howe QC).

Acting for an employer in disability discrimination claim.

Acting for an employer in unfair dismissal claim concerning the definition of “employer” and “worker” under the Employment Rights Act 1996.

Acting for a claimant in breach of contract claim raising issues of diplomatic immunity.