“His intellectual prowess is unrivalled – he can absorb a complex case in hours and give a reasoned opinion.”
Legal 500, 2021
“His experience is unrivalled.”
Legal 500, 2021
“He is an incredibly clever man and a good advocate.”
Chambers and Partners, 2020
“Very easy to work with and ferociously bright.”
Chambers and Partners, 2020
“He is responsive, great analytically and is a very good advocate and team player.”
Legal 500, 2019
“He has immense intellectual firepower – he can absorb complex facts and identify issues incredibly quickly.”
Legal 500, 2018
“He is mega clever, and undoubtedly one of the three or four leading names in the field”
Chambers and Partners, 2017
“He is a statesman-like silk with dashes of charm and humility”
Chambers and Partners, 2017
“Outstandingly bright and a real pleasure to work with”
Legal 500, 2016
Javan’s practice spans the commercial, regulatory and public law fields. At its heart is financial services regulation, in which Javan is a leading practitioner, regularly acting for and against all the major financial regulators, for large institutions and prominent individuals, as well as in a number of overseas jurisdictions. He also regularly acts in other fields of commercial regulation, including telecommunications, utilities and other fields of professional discipline.
His commercial practice is also centred on financial services and banking litigation, regularly appearing in Commercial Court and Chancery matters. He also frequently acts in public and constitutional law matters, and was Chair of the Constitutional and Administrative Law Bar Association between 2012-14. He is also recognised for his work in public procurement, and has frequently appeared in appeals to the Privy Council.
Javan was featured as The Times Lawyer of the Week on 17 September 2015, and is recognised as a leading silk by both of the independent legal directories, Chambers UK 2019 and Legal 500 2018, for his expertise in admin and public, banking and finance, financial services, professional discipline and regulatory, public procurement and telecommunications.
Javan regularly acts both for and against regulatory bodies, including FCA; PRA; FSCS; LME and AIM; FOS; Financial Reporting Council, Takeover Panel; Pensions Regulator, Ombudsman and Protection Fund; designated professional bodies and various overseas regulators (in Hong Kong, Dubai, Qatar and offshore jurisdictions). He regularly appears before the FCA’s RDC and in the Upper Tribunal, frequently for banks and other large financial institutions as well as individuals and the regulator. He was for several years until taking silk classified as the sole top-band financial services junior in Chambers UK Directory. He is also regularly instructed in financial services litigation in the Commercial Court and Chancery Division.
He has advised extensively in relation to the Financial Services and Markets Act 2000 (FSMA) and subsequent legislation. During the passage of FSMA, his advice with Lord Lester QC on its human rights implications was considered by the Joint (Lords/Commons) Committee on Financial Services and exhibited to their First Report (HC 328-I/HL Paper 50-I). He acted for SIB in a consultative role during the development of its disqualification power, appearing as counsel in the first (and subsequent) cases in which the power was exercised. He advised at an early stage in the development of bank resolution powers.
Over the past two decades, he has been instructed in many of the major regulatory disputes and scandals. He appeared in the Morgan Grenfell Companies' and Individuals' disciplinary actions, arising out of the Peter Young unit trusts affair, and in the “Flaming Ferraris” disciplinary proceedings against James Archer and other CSFB employees. He acted for the FSA in the first challenge by way of judicial review to the s.56 Prohibition Order regime: R (Davis) v Financial Services Authority [2004] 1 WLR 185 (CA); in the first market abuse case to be referred to the FSMT, Paul (“The Plumber”) Davidson and Ashley Tatham v FSA; on a reference by Sir Philip Watts, arising out of the Shell Overstatement of Oil Reserves affair; in the major FSA investigation into Split Capital Investment Trusts; and for HM Treasury in the Northern Rock hedge fund shareholder Human Rights claim (R (SRM Global Capital and others) v HM Treasury (Court of Appeal)). He acted for the British Bankers Association in the high profile JR challenge to the FCI’s PPI Policy Statement in 2011; for Yukos Oil in the JR of the FSA and Stock Exchange decision to list Rosneft (R (Yukos Oil) v FSA and Stock Exchange); for ANZ Bank in Commercial Court proceedings in respect of emerging market debt instruments (Zaeta; Altman; Alaluf v ANZ); for the Claimant in Walker v Scottish Equitable Plc [2007] Pens LR 347 (ChD) (the first case of product provider liability for advice on pension transfer); for Winterflood Securities (Upper Tribunal and CA; market abuse in AIM market making operations); for the Equitable Life Members Action Group in their successful JR of HM Treasury’s decision to reject the Ombudsman’s findings of maladministration arising out of the Equitable Life saga; for Prudential in the Tijane Thiam/Prudential disciplinary case arising out of the abortive AIG take-over; for the applicant in Macris v. FCA [2017] 1 WLR 1477 (Supreme Court) (third party rights in Warning and Decision Notices; "London Whale" affair); and for the FCA in the Tesco accounting mis-statement criminal and restitution settlement in March 2017.
He advises and represents regulators, authorised firms and individuals in fields including market abuse and insider dealing; disciplinary, regulatory and restitutionary obligations; authorisation and change in control; s.166 and other investigations; LIBOR; FX; collective investment schemes; senior management and compliance responsibilities; listing rules and disclosure obligations; Consumer Credit Act obligations; futures and options trading and synthetic derivatives; structured products (e.g. Splits, Precipice Bonds and interest rate products); pensions transfers, funding and annuities; PPI; peer-to-peer lending, financial promotions, and bank/insurance restructurings and ring fencing transfers. He regularly advises and represents large institutions, in regulatory matters and financial services litigation, such as (in the past few years) Lloyds, RBS, HSBC, Barclays, JP Morgan, Citibank, UBS, Zurich, Prudential, Standard Life, SocGen, Credit Agricole, Macquerie, Nationwide, Aviva, AXA, Tesco, Greenlight Capital, Threadneedle and Winterflood.
He has also acted for clients under DTI and FRC investigation; in directors' disqualification cases; in relation to money laundering and other regulatory issues (both in this country and in offshore jurisdictions) and (in an advisory capacity) for the Hong Kong SFC, HK Take-over Panel and other overseas institutions. He has recently been instructed in a number of substantial matters involving Financial Reporting Council investigations or before the FRC Tribunal. He is instructed as an expert witness (eg for JP Morgan in proceedings overseas), and was retained by the QCFRA in the first matter before the Qatar Financial Centre Regulatory Tribunal. He regularly appears in Commercial Court FS and banking matters, including recently Alan Shearer v. Suffolk Life (June 2017) and for John Varley in PCP Partners v Barclays (Amanda Staveley-led claim arising out of Qatar credit crunch fundraising; claim stayed November 2017).
He is currently involved in a number of significant non-public matters before the RDC or under FCA investigation, including alleged annuity mis-selling; PPI Plevin exposure; and market abuse.
He sits on the Advisory Board of the Financial Services Lawyers’ Association. He recently co-chaired the Commercial Bar Association's Financial Services Sub-Group Report on the impact of BREXIT on financial services (at www.combar.com).
“Excellent on complex regulatory issues, including challenging decisions by the FCA and PRA”
Chambers and Partners, 2021
“There are very few people around with Javan's insight and experience.”
Chambers and Partners, 2021
“Fantastically bright and energetic, superb understanding of how broad principles will be applied by regulators, a great sense of what will play well with regulators and judgement as to which points to push and which to drop.”
Legal 500, 2021
“Simply more experienced than anyone else in the market.”
Legal 500, 2019
“Super clever. He has a very nice manner in court.”
Chambers and Partners, 2019
“Ferociously bright and a very effective advocate.”
Chambers and Partners, 2019
“Great to work with, has an easy manner and fantastic judgement.”
Legal 500, 2018
“Knowledgeable, hard-working, bright and very good.”
Chambers and Partners, 2018
“Extremely knowledgeable in contentious regulatory work – decisive, clear and practical.”
Legal 500, 2018
“He is mega clever, and undoubtedly one of the three or four leading names in the field”
Chambers and Partners, 2017
“A real expert.”
Legal 500, 2017
“A standout barrister.”
Legal 500, 2017
“He is exceptionally experienced, really smart and knows the rules inside out.”
Chambers and Partners, 2016
“Unparalleled in his knowledge and advocacy in matters in front of the FCA”
Legal 500, 2016
The Court handed-down judgment following a trial of two preliminary issues arising in a claim against Lloyds Bank regarding the bank’s review of the sale of interest rate hedging products. Javan acted for the successful defendant.
On 5 February 2019 the FCA published the Final Notice in the matter of PS, following a contested RDC hearing, imposing a penalty of £32,200 in respect of (non-deliberate) conduct found to be contrary to APER 2 and 3. The APER 3 finding sanctions, for the first time, communications between fund managers in the context of a share placing and an IPO which (the FCA found) were intended to get investors to use their collective power and thereby undermine the proper price formation process. The decision raises (and does not entirely answer) issues as to the proper limits of buyer communications in such markets, as well as the relationship with competition law principles. Javan Herberg QC acted for PS. The Final Notice can be viewed here.
Acted for senior ex-JP Morgan employee in relation to allegations arising from the “London Whale” trading losses. Landmark decision of the Supreme Court laid down extent of third party rights under s.393 FSMA.
Acting for FCA in claim in which High Court exercised for the first time its s.129 FSMA powers to impose penalties (totalling £7.5m) for market abuse and granting final injunctions restraining market abuse in respect of “layering and spoofing” conduct.
Acted for Suffolk Life, SIPP provider, in relation to footballer Alan Shearer’s claim for alleged mismanagement of pension fund. Settled during Commercial Court trial, June 2017.
Acting for defendant KPMG on judicial review of its decisions made as skilled person appointed under s.166 FSMA in respect of Barclays Bank’s redress offers on the small business structured interest rate products redress scheme. High Court rejected argument that s.166 Skilled Person can be a reviewable public body. Currently on appeal to the Court of Appeal (December 2017).
Acted for RBS in connection with FCA and PRA regulatory proceedings arising from major IT malfunction in 2012, leading to nationwide failures in processing accounts/payments at RBS and associated banks. Led to FCA fine of £42 million and PRA fine of £14 million.
Acted for ESMA in its new regulatory role, on first ever application for authorisation of on-site inspection of a trade repository.
Acted for FCA in successfully upholding in Court of Appeal a strike out of a claim against FCA under the Prevention from Harassment Act 1997.
Advised Citibank in relation to FX investigation, resulting in Final Notice imposing a £230 million penalty.
Acted for Trustees on appeal by the PPF from decision of Pensions Ombudsman relating to PPF levy, and powers of Board to correct an error relating to Dunn & Bradstreet failure score. Judgment resolved issues as to Ombudsman’s (and PPF Board’s) powers of decision.
Acted for Prudential, including appearing at RDC Hearing, in one of the most high profile recent FCA disciplinary cases, alleging failure to inform regulators of matters in connection with abortive AIG takeover. Final Notices imposed (ultimately by way of settlement) £30 million penalty.
Represented Lloyds/HBOS in substantial FSA disciplinary proceedings arising out of corporate lending by HBOS in pre-credit crunch period. Widely publicised as first regulatory case of discipline for alleged bad lending decisions.
Advised UBS in relation to US$1.5 billion global settlement of LIBOR manipulation allegations.
Appeared in RDC in proceedings arising out of alleged market abuse by Greenlight and others, relating to non-wall crossed conversations between management, corporate financiers and hedge fund investors about prospective placement.
Acted for senior individual at BGC Brokers on fitness reference following remarks by Jack J in High Court in judgment in Tullett Prebon Plc v BGC Brokers.
Javan regularly acts both for and against regulatory bodies, including FCA; PRA; FSCS; LME and AIM; FOS; Financial Reporting Council, Takeover Panel; Pensions Regulator, Ombudsman and Protection Fund; designated professional bodies and various overseas regulators (in Hong Kong, Dubai, Qatar and offshore jurisdictions). He regularly appears before the FCA’s RDC and in the Upper Tribunal, frequently for banks and other large financial institutions as well as individuals and the regulator. He was for several years until taking silk classified as the sole top-band financial services junior in Chambers UK Directory. He is also regularly instructed in financial services and banking litigation in the Commercial Court and Chancery Division.
He has advised extensively in relation to the Financial Services and Markets Act 2000 (FSMA) and subsequent legislation. During the passage of FSMA, his advice with Lord Lester QC on its human rights implications was considered by the Joint (Lords/Commons) Committee on Financial Services and exhibited to their First Report (HC 328-I/HL Paper 50-I). He acted for SIB in a consultative role during the development of its disqualification power, appearing as counsel in the first (and subsequent) cases in which the power was exercised. He advised at an early stage in the development of bank resolution powers.
Over the past two decades, he has been instructed in many of the major regulatory disputes and scandals. He appeared in the Morgan Grenfell Companies' and Individuals' disciplinary actions, arising out of the Peter Young unit trusts affair, and in the “Flaming Ferraris” disciplinary proceedings against James Archer and other CSFB employees. He acted for the FSA in the first challenge by way of judicial review to the s.56 Prohibition Order regime: R (Davis) v Financial Services Authority [2004] 1 WLR 185 (CA); in the first market abuse case to be referred to the FSMT, Paul (“The Plumber”) Davidson and Ashley Tatham v FSA; on a reference by Sir Philip Watts, arising out of the Shell Overstatement of Oil Reserves affair; in the major FSA investigation into Split Capital Investment Trusts; and for HM Treasury in the Northern Rock hedge fund shareholder Human Rights claim (R (SRM Global Capital and others) v HM Treasury (Court of Appeal)). He acted for the British Bankers Association in the high profile JR challenge to the FCI’s PPI Policy Statement in 2011; for Yukos Oil in the JR of the FSA and Stock Exchange decision to list Rosneft (R (Yukos Oil) v FSA and Stock Exchange); for ANZ Bank in Commercial Court proceedings in respect of emerging market debt instruments (Zaeta; Altman; Alaluf v ANZ); for the Equitable Life Members Action Group in their successful JR of HM Treasury’s decision to reject the Ombudsman’s findings of maladministration arising out of the Equitable Life saga; for Prudential in the Tijane Thiam/Prudential disciplinary case arising out of the abortive AIG take-over; for the applicant in Macris v. FCA [2017] 1 WLR 1477 (Supreme Court) (third party rights in Warning and Decision Notices; "London Whale" affair); for RBS in regulatory proceedings arising from its 2014 IT malfunction leading to major failures of accounts/payments processing; and for the FCA in the Tesco accounting mis-statement criminal and restitution settlement in March 2017.
He advises and represents regulators, authorised firms and individuals in fields including market abuse and insider dealing; regulatory and restitutionary obligations; authorisation and change in control; s.166 and other investigations; LIBOR; FX; collective investment schemes; senior management and compliance responsibilities; listing rules and disclosure obligations; Consumer Credit Act obligations; futures and options trading and synthetic derivatives; structured products (e.g. Splits, Precipice Bonds and interest rate products); pensions transfers, funding and annuities; PPI; peer-to-peer lending, financial promotions, and bank/insurance restructurings and ring fencing transfers. He regularly advises and represents large institutions, in regulatory matters and financial services litigation, such as (in the past few years) Lloyds, RBS, HSBC, Barclays, JP Morgan, Citibank, UBS, Zurich, Prudential, Standard Life, SocGen, Credit Agricole, Macquerie, Nationwide, Aviva, AXA, Tesco, Greenlight Capital, Threadneedle and Winterflood.
He has also acted for clients under DTI and FRC investigation; in directors' disqualification cases; in relation to money laundering and other regulatory issues (both in this country and in offshore jurisdictions) and (in an advisory capacity) for the Hong Kong SFC, HK Take-over Panel and other overseas institutions. He is instructed as an expert witness (eg for JP Morgan in proceedings overseas), and was retained by the QCFRA in the first matter before the Qatar Financial Centre Regulatory Tribunal. He regularly appears in Commercial Court FS and banking matters, including recently Alan Shearer v. Suffolk Life (June 2017) and for John Varley in PCP Partners v Barclays (Amanda Staveley-led claim arising out of Qatar credit crunch fundraising; claim stayed November 2017).
He is currently involved in a number of significant non-public matters before the RDC or under FCA investigation, including alleged annuity mis-selling; PPI Plevin exposure; and market abuse.
He sits on the Advisory Board of the Financial Services Lawyers’ Association. He recently co-chaired the Commercial Bar Association's Financial Services Sub-Group Report on the impact of BREXIT on financial services (at www.combar.com).
“Excellent advocate and able to cut through complicated issues simplifying them to the judge – very strong with clients.”
Legal 500, 2021
“He is responsive, great analytically and is a very good advocate and team player.”
Legal 500, 2019
“A very able lawyer and the best in the field of financial services regulatory enforcement.”
Legal 500, 2016
“Unparalleled in his knowledge and advocacy in matters in front of the FCA”
Legal 500, 2016
Acted for senior ex-JP Morgan employee in relation to allegations arising from the “London Whale” trading losses. Landmark decision of the Supreme Court laid down extent of third party rights under s.393 FSMA.
Acting for FCA in claim in which High Court exercised for the first time its s.129 FSMA powers to impose penalties (totalling £7.5m) for market abuse and granting final injunctions restraining market abuse in respect of “layering and spoofing” conduct.
Acted for Suffolk Life, SIPP provider, in relation to footballer Alan Shearer’s claim for alleged mismanagement of pension fund. Settled during Commercial Court trial, June 2017.
Acted for RBS in connection with FCA and PRA regulatory proceedings arising from major IT malfunction in 2012, leading to nationwide failures in processing accounts/payments at RBS and associated banks. Led to FCA fine of £42 million and PRA fine of £14 million.
Acted for ESMA in its new regulatory role, on first ever application for authorisation of on-site inspection of a trade repository.
Acted for FCA in successfully upholding in Court of Appeal a strike out of a claim against FCA under the Prevention from Harassment Act 1997.
Advised Citibank in relation to FX investigation, resulting in Final Notice imposing a £230 million penalty.
Acted for Trustees on appeal by the PPF from decision of Pensions Ombudsman relating to PPF levy, and powers of Board to correct an error relating to Dunn & Bradstreet failure score. Judgment resolved issues as to Ombudsman’s (and PPF Board’s) powers of decision.
Acted for Prudential, including appearing at RDC Hearing, in one of the most high profile recent FCA disciplinary cases, alleging failure to inform regulators of matters in connection with abortive AIG takeover. Final Notices imposed (ultimately by way of settlement) £30 million penalty.
Represented Lloyds/HBOS in substantial FSA disciplinary proceedings arising out of corporate lending by HBOS in pre-credit crunch period. Widely publicised as first regulatory case of discipline for alleged bad lending decisions.
Advised UBS in relation to US$1.5 billion global settlement of LIBOR manipulation allegations.
Appeared in RDC in proceedings arising out of alleged market abuse by Greenlight and others, relating to non-wall crossed conversations between management, corporate financiers and hedge fund investors about prospective placement.
Javan acts in a wide range of commercial disputes in the Commercial Court and Chancery Division, specializing in particular in cases involving banking/financial services (detailed experience set out in separate sections), acting for and against large institutions in both retail mis-selling and wholesale commercial disputes, as well as fraud and asset recovery matters. He has considerable experience of money laundering regulations and Companies Act requests for disclosure, both in the UK and overseas. He has also acted in a number of tax and revenue matters, including on an ongoing basis for Royal Mail defending substantial Group Litigation relating to liability of postal services to VAT.
Acted for Trustees on appeal by the PPF from decision of Pensions Ombudsman relating to PPF levy, and powers of Board to correct an error relating to Dunn & Bradstreet failure score. Judgment resolved issues as to Ombudsman’s (and PPF Board’s) powers of decision.
Acted for FCA in successfully upholding in Court of Appeal a strike out of a claim against FCA under the Prevention from Harassment Act 1997.
Acted for Suffolk Life, SIPP provider, in relation to footballer Alan Shearer’s claim for alleged mismanagement of pension fund. Settled during Commercial Court trial, June 2017.
Representing RMG in substantial group litigation brought by companies and public authorities in respect of alleged failure to charge VAT in respect of postal services.
Acted for Suffolk Life, SIPP provider, in relation to Alan Shearer’s claim for alleged mismanagement of pension fund. Settled during Commercial Court trial, June 2017.
Represented TWI in claims relating to arbitration in respect of land development rights in the TCI.
Acted for Royal Mail on Whistl’s challenge to the legality of the Royal Mail’s VAT exemption. Case raised questions of compatibility of English legislation with Postal Directive and other EC instruments. ECJ ruled on Reference in April 2009; High Court dismissed second claim in October 2014.
Acted on appeal from Court of Appeal of Jamaica in relation to dispute concerning unlawful termination of hotel management agreement and arbitrators’ award.
Javan appears in a wide range of public law and regulatory contexts, both for regulators and other public bodies and for applicants. He has particular expertise in the fields of commercial regulation, especially financial services, and professional discipline.
Javan regularly appears in major public law regulatory challenges, in the Administrative Court and elsewhere. He has acted in most of the recent major judicial reviews of regulatory action in the financial services field (Holmcroft/KPMG; PPI, Northern Rock, Yukos, Equitable Life).
He acts, for and against regulators, in fields including broadcasting (regularly advising the BBC on party political broadcasts, prime ministerial debates, and frequently appearing in JRs of the BBC); newspapers; postal services (for Royal Mail in a series of JRs); telecommunications (Ofcom; see separate section of CV); electricity and gas (Ofgem, British Gas, Electricity Association); railways (including Railtrack/Network Rail; London Underground PPP; Rail Regulator); civil aviation (CAA, NATS); health (DOH; National Aids Trust); pharmaceuticals licensing; DTI document production notices; professional regulation and discipline (Law Society, Bar Standards Board, FCA, Institute of Actuaries, Accountancy regulators including FRC; Pensions Ombudsman; HEFC; Audit Commission). He has regularly acted for the Legal Services Commission in defending claims for judicial review and, overseas, advises foreign financial services regulators on a regular basis. He has recently been involved in a number of substantial matters involving the Financial Reporting Council.
He was, until his appointment to silk, a member of the Attorney General's ‘A’ Panel, and was Chair of the Constitutional and Administrative Law Bar Association 2012-2014.
“He can draw on a lot of experience, and can give a lot of practical and commercial analysis.”
Chambers and Partners, 2021
“His intellectual prowess is unrivalled – he can absorb a complex case in hours and give a reasoned opinion.”
Legal 500, 2021
“His experience is unrivalled.”
Legal 500, 2021
“He is an incredibly clever man and a good advocate.”
Chambers and Partners, 2020
“He was very measured and quietly confident and he got to grips with an incredibly complicated case very quickly.”
Chambers and Partners, 2020
“I really liked his team approach to the litigation; he worked really well with my clients and me.”
Chambers and Partners, 2020
“Thoughtful and thorough.”
Legal 500, 2019
“He's very easy to work with and respected by clients.”
Chambers and Partners, 2019
“Very knowledgeable and switched on, particularly in relation to financial services-related judicial review work.”
Chambers and Partners, 2019
“He is very knowledgeable and switched-on.”
Chambers and Partners, 2018
“Highly regarded for financial regulatory judicial reviews.”
Legal 500, 2018
“His advocacy is excellent and compelling.”
Chambers and Partners, 2017
“The first-choice silk in a go-to public law group.”
Legal 500, 2017
“I do not think there is anyone who has better experience and knowledge about the regulatory enforcement process, people and prospects”
Chambers and Partners, 2016
“A cerebral master in the field of regulatory and public law.”
Legal 500, 2016
Acting for defendant KPMG on judicial review of its decisions made as skilled person appointed under s.166 FSMA in respect of Barclays Bank’s redress offers on the small business structured interest rate products redress scheme. High Court rejected argument that s.166 Skilled Person can be a reviewable public body. Currently on appeal to the Court of Appeal (December 2017).
Acted for NATS on JR of alleged failure of CAA to comply with consultation obligation in respect of airspace changes.
Acted for Royal Mail on Whistl’s challenge to the legality of the Royal Mail’s VAT exemption. Case raised questions of compatibility of English legislation with Postal Directive and other EC instruments. ECJ ruled on Reference in April 2009; High Court dismissed second claim in October 2014.
Acted for insurance brokers in challenge to decision of local authorities to form a mutual insurer and award insurance contracts to it without public procurement process (and, in conjoined public law challenge as to local authority vires). The first procurement case to go to the Supreme Court.
Javan acts in a range of public law HRA and civil liberties disputes, involving in particular freedom of expression (in media cases), elections, health, and privacy/ freedom of movement. He is a general editor of the leading textbook, Lester, Pannick and Herberg, Human Rights Law and Practice (Butterworths, 3rd ed, 2009).
Acted for BBC defending claim for judicial review by listeners to BBC Radio Manchester’s “Jewish Hour” alleging discrimination, breach of human rights and public law illegality in decision to take programme off air.
Challenge to vires and procedural fairness of TCI Commission of Inquiry led by Auld LJ relating to possible political corruption in the TCI. Also appeared in the Supreme Court and the Court of Appeal in the TCI.
Javan advises on a wide range of public procurement issues, and has appeared in a number of the leading recent cases on public procurement, including the first public procurement case to reach the Supreme Court. Much of his practice is advisory and therefore not public, including advising clients in sectors such as utilities, airports, local authorities, health trusts, and public concessions.
“Client-friendly and highly intelligent.”
Legal 500, 2017
“Outstandingly bright and a real pleasure to work with”
Legal 500, 2016
Represented MAG in respect of potential challenges linked to tendering process at Stansted Airport.
Acted for insurance brokers in challenge to decision of local authorities to form a mutual insurer and award insurance contracts to it without public procurement process (and, in conjoined public law challenge as to local authority vires). The first procurement case to go to the Supreme Court.
Javan frequently appears in the Privy Council in a wide range of public law and commercial matters on appeal from a number of jurisdictions, particularly the Caribbean. He is instructed both in cases where he has appeared in, or advised in relation to, the local courts, and also for the first time in the Privy Council.
Acted on appeal from Court of Appeal of Jamaica in relation to dispute concerning unlawful termination of hotel management agreement and arbitrators’ award.
Challenge to vires and procedural fairness of TCI Commission of Inquiry led by Auld LJ relating to possible political corruption in the TCI. Also appeared in the Supreme Court and the Court of Appeal in the TCI.
Javan regularly acts in telecommunications disputes, in public law regulatory challenges and in the Competition Appeals Tribunal as well as in commercial disputes. He recently acted for Vodafone in a substantial Ofcom investigation, and has regularly appeared for Ofcom in disputes involving mobile network operators and BT.
“Professional, knowledgeable, smart and, above all, a man who knows how regulators tick.”
Chambers and Partners, 2021
“He is great analytically and he is a very good advocate.”
Legal 500, 2021
“He is very measured in his submissions and expresses himself very clearly and concisely, including in technical areas.”
Chambers and Partners, 2020
“Very easy to work with and ferociously bright.”
Chambers and Partners, 2020
“He is prepared to help a client by thinking through the value of taking a tough line and backing that up with his legal reasoning.”
Chambers and Partners, 2019
“Personable and clever, he is an extremely able advocate who is willing to engage with you.”
Chambers and Partners, 2019
“He has great judgement, great knowledge and is a pleasure to work with.”
Legal 500, 2018
“Gets to the heart of the matter.”
Chambers and Partners, 2018
“He is recognised for his depth of knowledge of the telecoms industry.”
Chambers and Partners, 2018
“He is a statesman-like silk with dashes of charm and humility”
Chambers and Partners, 2017
“Extremely good at taking very complex concepts and distilling them into a much more simple explanation so the court can understand what is and isn't important.”
Chambers and Partners, 2016
“A very thorough and very good advocate”
Chambers and Partners, 2016
“Outstandingly bright and a real pleasure to work with.”
Legal 500, 2016
Acted as lead Counsel for Ofcom in first appeal to the Supreme Court on the EU Common Regulatory Framework for Electronic Communications. Case arose out of BT’s “ladder” pricing for non-geographic number ranges and involved, inter alia, economic issues as to effect of BT’s wholesale charges calibrated by reference to mobile operators’ retail prices; anti-competitive effects of preventing innovative pricing, and scope of the CAT’s powers on an appeal from Ofcom’s dispute resolution jurisdiction.
Acted for Ofcom on appeal to Court of Appeal from Competition Appeal Tribunal’s decision as to its jurisdiction in hearing appeals from Ofcom’s dispute resolution function and power to admit fresh evidence.
Javan has written widely in the financial services/commercial fields. He has also advised and written extensively on the effect of the Human Rights Act, in fields as diverse as financial services; regulation of utilities; anti-terrorism legislation; and religious freedom.
Public law/human rightsBarrister of the Eastern Caribbean Supreme Court in the territory of Anguilla; and in the British Virgin Islands.
VAT registration number: 627506145
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 8227325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 8227327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 8227326
Dean Tolman
Clerk
+44 (0) 207 8227331
Lewis Walker
Clerk
+44 (0) 207 8227323
Billy Brian
Clerk
+44 (0) 207 8227339
Marc Armstrong
Clerk
+44 (0) 207 8227330
Adam Fuschillo
Clerk
+44 (0) 207 8227329
Danny Compton
Clerk
+44 (0) 207 8227338
Sophie Floydd
Clerk
+44 (0) 207 8227324
