Jessica Boyd

Acted for Whitter in an appeal to the Supreme Court in a case concerning HMRC's cancellation of Whitter's gross payment status. The issues in the case included  whether Article 1 of the First Protocol was engaged, and whether the requirement of proportionality entailed that the effect of cancellation on the registrant had to be taken into account. Shared the oral argument with Tom Chacko of Pump Court Tax Chambers, and had sole responsibility for arguing the human rights issues.

Appeal to the Supreme Court concerning the scope of the defence of objective justification in respect of a claim of unequal treatment or substantive unfairness arising out of the OFT’s Tobacco investigation. Appeared as sole counsel for Somerfield in the Supreme Court.

Acted as junior to Mike Fordham QC in an appeal to the Privy Council from Trinidad and Tobago concerning the proper application of the delay rules in judicial review in that jurisdiction.

Acted for Ofcom (with Pushpinder Saini QC and Flora Robertson) in a judicial review brought by the Avaaz Foundation of Ofcom's decision that Sky would not cease to be fit and proper to retain its broadcast licences in the event of a merger with 21st Century Fox.

Acted for Ofcom (with Dinah Rose QC and Tom Coates) in two expedited judicial review claims brought by Hutchison 3G and BT/EE with respect to Ofcom's award of the 2.3 and 3.4 GHz spectrum.

Acted as junior counsel to the Claimant in judicial review of the NMC’s decision concerning the adequacy of professional indemnity insurance held by independent midwives.

Acted with Pushpinder Saini QC for Ofcom in a claim for judicial review brought by EE (and supported by the other mobile network operators) concerning Ofcom’s decision to revise the annual licence fees payable for the use of certain bands of spectrum for mobile telephony. Ofcom won at first instance and lost in the Court of Appeal.

Acted as junior counsel for David Crompton, the former Chief Constable of South Yorkshire Police, in his successful claim for judicial review of the decision of the Police and Crime Commissioner for South Yorkshire to require him to resign following the return of verdicts in the renewed Hillsborough Inquiry. This was the first consideration by a Court of the nature and extent of the new power conferred on Police and Crime Commissioners by s. 11 of the Police and Social Responsibility Act 2011. 

Advising the BBFC on the regulatory regime for enforcement of the new requirement that persons making pornography available on the internet have in place effective age-verification mechanisms.

Advised  British Gas with Mike Fordham QC in relation to Ofgem’s regulatory proposals concerning recoverability of expenses incurred in installing pre-payment meters.

Acted for the Defendant in judicial review proceedings brought by a registrant in relation to disciplinary proceedings. Permission was granted, but the case then settled favourably.

Acted for the interested party, Intercontinental Hotel Group Ltd, in an appeal brought by Skyscanner under s. 47(1)(c) of the Competition Act 1998 relating to the CMA’s decision to accept commitments from parties under investigation. Led by Tim Ward QC of Monckton Chambers.

Acts for the Claimant in a judicial review of TfL’s decision to require taxi drivers to accept card payment while prohibiting them from recovering transaction charges by means of a surcharge.

Acted with Dinah Rose defending a claim judicial review brought by DHL concerning the question whether courier companies such as DHL were “postal operators”, and as such subject to Ofcom’s regulation. The claim was dismissed.

Acted with Dinah Rose QC and Brian Kennelly for the Claimant in a judicial review of the government’s decision to impose place-of-consumption taxation on providers of online gambling services located in Gibraltar. The Claimants were successful in obtaining an order for reference to the CJEU on a preliminary issue.

Acted for the Good Thinking Society in a judicial review of the LCCG’s decision to continue to commission homeopathy on the NHS. The defendant agreed to reconsider the decision and the claim was compromised on that basis.

Acted with Dinah Rose QC and Brian Kennelly for the Claimant in a judicial review of DCMS’s decision to introduce a new licensing regime for online gambling.

Acted with Shaheed Fatima for the Claimant in a judicial review of a decision relating to the safety of oil tankers manufactured in South Africa. The claim was compromised, and Jess continues to advise the Claimant on related and consequential matters.

Acted with Dinah Rose QC for the Claimant in an appeal to the Court of Appeal against a decision concerning the applicability of the Horserace Betting Levy to the operators of betting exchanges.

Advised HMIC in relation to inspections relating to police corruption and to the investigation of deaths at the hands of the state during the Troubles in Northern Ireland.

Together with Pushpinder Saini QC, advised Ofcom in relation to its assessment of whether B Sky B remained fit and proper to hold a broadcasting licence following the phone hacking scandal at News of the World.

Acted, with Emma Dixon and Dinah Rose QC, for the interested party in a judicial review claim relating to the development of Earls Court. The claim was ultimately withdrawn.

Acted for the Defendant in internal appeal proceedings against CIMA’s decision to exclude the Appellant from membership.

Appeal to the Supreme Court concerning the scope of the defence of objective justification in respect of a claim of unequal treatment or substantive unfairness arising out of the OFT’s Tobacco investigation. Appeared as sole counsel for Somerfield in the Supreme Court.

Acted for Ofcom (with Dinah Rose QC and Tom Coates) in two expedited judicial review claims brought by Hutchison 3G and BT/EE with respect to Ofcom's award of the 2.3 and 3.4 GHz spectrum.

Acted with Pushpinder Saini QC for Ofcom in a claim for judicial review brought by EE (and supported by the other mobile network operators) concerning Ofcom’s decision to revise the annual licence fees payable for the use of certain bands of spectrum for mobile telephony. Ofcom won at first instance and lost in the Court of Appeal.

Jess acts as junior counsel for JPMorgan in proceedings to annul the European Commission's finding that it participated in manipulation of the EURIBOR and EONIA benchmark interest rates in breach of competition law.

Act for Ofcom in judicial review proceedings concerning the forthcoming auction for 5G spectrum. Defending claims by EE/BT and H3G. .

Acted as junior counsel for the Claimant, HCA, in an appeal brought under section 179 of the Enterprise Act against the CMA’s decision requiring HCA to divest itself of two hospitals. Led by Dinah Rose QC.

Acted for the interested party, Intercontinental Hotel Group Ltd, in an appeal brought by Skyscanner under s. 47(1)(c) of the Competition Act 1998 relating to the CMA’s decision to accept commitments from parties under investigation. Led by Tim Ward QC of Monckton Chambers.

Acted with Alan Maclean QC in a dispute relating to alleged abuse of dominance in the provision of multiplex services to broadcasters of adult entertainment. The potential high court proceedings were compromised before issue.

Acted as junior counsel for Ofcom in a successful appeal against the CAT’s decision allowing Sky’s appeal against Ofcom’s Pay TV Statement.

Acted as junior to Brian Kennelly in an appeal from the CAT to the Court of Appeal relating to a price control set by Ofcom.

Advised Ofcom in relation to the auction of 4G spectrum held in February 2013.

Acted as junior counsel for Ofcom successfully defending an appeal by BT against Ofcom’s decision not to impose a WMO licence condition in Sky’s licence. There was a 2-week hearing of BT’s appeal in the CAT in October 2016.

Advising the BBFC on the regulatory regime for enforcement of the new requirement that persons making pornography available on the internet have in place effective age-verification mechanisms.

Acted for Ofcom (with Pushpinder Saini QC and Flora Robertson) in a judicial review brought by the Avaaz Foundation of Ofcom's decision that Sky would not cease to be fit and proper to retain its broadcast licences in the event of a merger with 21st Century Fox.

Advised with Pushpinder Saini QC on the application of requirements in the Broadcasting Act concerning the use by the BBC of “independent producers” and prohibiting the grant of TLCS licences to “advertising agencies”.

Recently advised as to the application of gambling laws to platforms that enable gaming using “virtual currency” of the sort generated and used in the context of computer games.

Acted with Dinah Rose QC and Brian Kennelly for the Claimant in a judicial review of the government’s decision to impose place-of-consumption taxation on providers of online gambling services located in Gibraltar. The Claimants were successful in obtaining an order for reference to the CJEU on a preliminary issue.

Acted with Dinah Rose QC and Brian Kennelly for the Claimant in a judicial review of DCMS’s decision to introduce a new licensing regime for online gambling.

Acted with Alan Maclean QC in a dispute relating to alleged abuse of dominance in the provision of multiplex services to broadcasters of adult entertainment. The potential high court proceedings were compromised before issue.

Acted with Dinah Rose QC for the Claimant in an appeal to the Court of Appeal against a decision concerning the applicability of the Horserace Betting Levy to the operators of betting exchanges.

Advised Camelot Group, the operator of the National Lottery, in relation to a number of issues concerning the payment of prizes.

Together with Pushpinder Saini QC, advised Ofcom in relation to its assessment of whether B Sky B remained fit and proper to hold a broadcasting licence following the phone hacking scandal at News of the World.

Advised a producer of adult broadcast material in relation to potential complaints against its regulator.

Acted as junior counsel for Ofcom successfully defending an appeal by BT against Ofcom’s decision not to impose a WMO licence condition in Sky’s licence. There was a 2-week hearing of BT’s appeal in the CAT in October 2016.

Acted for Ofcom in a proposed judicial review brought by a broadcaster of adult entertainment programmes. Permission to seek judicial review denied on the papers.

Acted for Ofcom in a proposed judicial review brought in relation to the Channel 4 programme Embarrassing Bodies with reference to the Broadcasting Code. 

Has advised the BBC on a number of issues relating to TV licensing.

Acted for Ofcom (with Dinah Rose QC and Tom Coates) in two expedited judicial review claims brought by Hutchison 3G and BT/EE with respect to Ofcom's award of the 2.3 and 3.4 GHz spectrum.

Acted with Pushpinder Saini QC for Ofcom in a claim for judicial review brought by EE (and supported by the other mobile network operators) concerning Ofcom’s decision to revise the annual licence fees payable for the use of certain bands of spectrum for mobile telephony. Ofcom won at first instance and lost in the Court of Appeal.

Acted as junior to Brian Kennelly in an appeal from the CAT to the Court of Appeal relating to a price control set by Ofcom.

Act for Ofcom in judicial review proceedings concerning the forthcoming auction for 5G spectrum. Defending claims by EE/BT and H3G. .

Acted for Hutchison 3G in a claim brought by TelNG concerning sums withheld from termination charges on the basis that certain calls constituted Artificial Inflation of Traffic. 

Advised Ofcom in relation to the auction of 4G spectrum held in February 2013.

Acting for HNA Group in a claim under a guarantee relating to a charterparty which raised issues relating to torture and bribery. The Court of Appeal has allowed HNA's appeal and remitted the case to the commercial court. Shagang has sought permission to appeal to the Supreme Court. Led by Michael Fordham QC of Blackstone and Joe Smouha QC of Essex Court Chambers.

Acts with Alan Maclean QC for the Defendant in a dispute between two international pharmaceutical companies based on alleged economic duress. The trial is listed for five weeks in 2017.

Acted for ENRC in relation to issues concerning the protection of its confidential information. 

Jess acts with Robert Anderson QC and Andreas Gledhill for the Claimant liquidator in litigation relating to the collapse of a fund. The claim against the first defendant has been compromise and the claim against the second defendant is currently stayed.

Acted for the Defendant in the early stages of a claim for damages relating to alleged defects in the welding of oil tankers in use on UK roads.

Acted with Dinah Rose QC for Mr Viktor Pinchuk in relation to proceedings in which the Claimants sought an injunction against Mr Pinchuk’s solicitors arising out of their alleged possession of confidential information. Mr Pinchuk applied to be joined as a party and to adduce evidence as to the impact in him of such an injunction.

Acted with Tony Peto QC for the Claimant in proceedings brought against a former director for breach of his director’s duties.

Acted as junior to Robert Howe QC in a claim brought by US investors in relation to a luxury development on Dellis Cay in the Turks and Caicos Islands.

Acted for the Law Society, intervening in an application to the ECtHR by a number of NGOs claiming that the UK’s regime for the interception of communications is contrary ot Article 8 ECHR, following the Snowdon revelations.

Acting for HNA Group in a claim under a guarantee relating to a charterparty which raised issues relating to torture and bribery. The Court of Appeal has allowed HNA's appeal and remitted the case to the commercial court. Shagang has sought permission to appeal to the Supreme Court. Led by Michael Fordham QC of Blackstone and Joe Smouha QC of Essex Court Chambers.

Acted for Whitter in an appeal to the Supreme Court in a case concerning HMRC's cancellation of Whitter's gross payment status. The issues in the case included  whether Article 1 of the First Protocol was engaged, and whether the requirement of proportionality entailed that the effect of cancellation on the registrant had to be taken into account. Shared the oral argument with Tom Chacko of Pump Court Tax Chambers, and had sole responsibility for arguing the human rights issues.

Advising the BBFC on the regulatory regime for enforcement of the new requirement that persons making pornography available on the internet have in place effective age-verification mechanisms.

Acted as junior counsel for David Crompton, the former Chief Constable of South Yorkshire Police, in his successful claim for judicial review of the decision of the Police and Crime Commissioner for South Yorkshire to require him to resign following the return of verdicts in the renewed Hillsborough Inquiry. This was the first consideration by a Court of the nature and extent of the new power conferred on Police and Crime Commissioners by s. 11 of the Police and Social Responsibility Act 2011. 

Advised Bail for Immigration Detainees on potential intervention in and supply of evidence to the Claimant concerning the Home Office’s policy of accommodating time-served foreign national offenders in the prison rather than immigration system.

Acted as junior to Mike Fordham QC in claims for judicial review brought by more than 160 Iraqi civilians against the Ministry of Defence in relation to their ill treatment by British forces in Iraq.

Acted as sole counsel for the Claimant in a judicial review of UKBA’s decision to remove a failed asylum seeker while he has civil proceedings pending against UKBA. The claim settled.

Acted as junior counsel in a judicial review of the MOD’s refusal to conduct an independent investigation into the deaths of British soldiers in Iraq.

Acted with Dinah Rose QC for the JSC in two sets of judicial review proceedings brought by the Marrache brothers relating, among other things to allegations of bias among the judiciary in Gibraltar. The claims settled.

Acted as junior to Michael Fordham QC for one of the appellants, Martin Mubanga, in claims brought by former detainees of Guantanamo Bay against various British Government departments. The claims ultimately settled.

Acted as junior counsel for David Crompton, the former Chief Constable of South Yorkshire Police, in his successful claim for judicial review of the decision of the Police and Crime Commissioner for South Yorkshire to require him to resign following the return of verdicts in the renewed Hillsborough Inquiry. This was the first consideration by a Court of the nature and extent of the new power conferred on Police and Crime Commissioners by s. 11 of the Police and Social Responsibility Act 2011. 

Regularly acts as a legal assessor for the disciplinary panel of REAL, which administers the Renewable Energy Consumer Code.

Acted for the Defendant in internal appeal proceedings against CIMA’s decision to exclude the Appellant from membership.

Acted for the General Medical Council in an appeal against sanction brought by the practitioner under s. 40 of the Medical Act 1983.

Acted for the GMC in an appeal against sanction brought by the practitioner under s. 40 of the Medical Act 1983.

Acted with Alan Maclean QC in the GMC’s successful appeal to the Court of Appeal against a decision of HHJ Faber sitting in the County Court relating to the criteria for entry onto the Specialist Register.

Acted with Andrew Green QC for an individual in disciplinary proceedings brought against him by the FSA.

Advised  British Gas with Mike Fordham QC in relation to Ofgem’s regulatory proposals concerning recoverability of expenses incurred in installing pre-payment meters.

Acted for the Defendant in judicial review proceedings brought by a registrant in relation to disciplinary proceedings. Permission was granted, but the case then settled favourably.

Acts with Alan Maclean QC for the Defendant in a dispute between two international pharmaceutical companies based on alleged economic duress. The trial is listed for five weeks in 2017.

Acted for the Good Thinking Society in a judicial review of the LCCG’s decision to continue to commission homeopathy on the NHS. The defendant agreed to reconsider the decision and the claim was compromised on that basis.

Acted with Alan Maclean QC in the GMC’s successful appeal to the Court of Appeal against a decision of HHJ Faber sitting in the County Court relating to the criteria for entry onto the Specialist Register.