Brian Kennelly KC

Brian acted for the parties in the CMA’s investigation of the acquisition by Hitachi Rail of Thales SA’s Ground Transportation Systems business in the supply of digital mainline signalling systems and the supply of communications-based train control signalling systems. The merger was cleared with undertakings in November 2023.

Brian acted for Activision before the CAT in the challenge to the CMA’s decision to prohibit this major merger – Microsoft’s $68.7 billion acquisition of the maker of Call of Duty. The acquisition was ultimately cleared by the CMA.

Brian acted for the applicant in this challenge to the CMA’s prohibition of Cérélia’s acquisition of Jus-Rol. The Court of Appeal will hear the appeal in January 2024.

Brian advised the parties in this merger which concerned high-speed overhead catenary systems, the supply of non-highspeed OCS, and the provision of certain maintenance-focused facilities management services, in particular to customers in the healthcare sector. Undertaking in lieu were accepted and the merger was cleared.

Brian acted for Daimler in this major Commercial Court damages action arising from the global Ro-Ro Shipping cartel.

Brian is acting for the Bank in this multi-billion dollar damages claim arising out of the alleged USD LIBOR cartel.

Brian is acting for the airline in resisting an allegation of abuse of dominance relating to its control of its own flight information.

Brian is acting for the defendants in these hundreds of cases claiming damages in respect of allegedly anti-competitive interchange fees. The litigation has been running since 2015 and has given rise to a number of important judgments.

Brian is acting for Apple in relation to allegation of abuse of dominance regarding the App Store.

Brian is acting for Apple in resisting an allegation of abuse of dominance regarding alleged failures in mobile batteries and software.

Brian is acting for Scania in this investigation and significant litigation in the Competition Appeal Tribunal.

Brian acted for the applicant in this challenge to the CMA’s decision to commence a market investigation.

Brian is acting for VW in this major damages action arising from the global Ro-Ro Shipping cartel.

Brian acted for UBS in the Allianz domestic litigation in the Commercial Court and in the O’Higgins/Evans collective proceedings in the CAT arising from the alleged anti-competitive conduct concerning FX spot trading.

Brian acted for the appellants in challenging a finding of abusive excessive pricing under Art 102 in relation to the drug Liothyronine.

Brian is acting for the defendant orange juice producer accused of operating a cartel in Brazil.

Brian acted for the generic pharmaceutical manufacturer in this “pay for delay” case.

Brian acted for the applicant in this case which is widely regarded as the most significant in this area in the EU for over 10 years. It determines the approach to mergers in particular involving allegedly oligopolistic markets.

Brian acted for the successful appellant in persuading the CAT that the CMA had acted irrationally in finding an SLC

Brian acted for the appellant in this important case concerning the standard of review applied by the CAT in testing an SLC finding by the CMA.

Brian successfully defended the Commission in appeals to the General Court by freight forwarders challenging findings of global price fixing and fines totalling €169 million.

Brian acted for a defendant airline, accused of participating in a worldwide air freight cartel. This judgment addressed many significant issues in damages litigation, such as the scope of Pergan rights and third party access to the file.

Brian acted for LG in successfully striking out on jurisdiction grounds claims worth in excess of €600m relying on the EU Cathode Ray Tubes cartel decision: [2016] 5 CMLR 15.

Brian advised and acted for Ryanair 2011-2016 in this major case involving the airline’s minority stake in Aer Lingus. It has involved three substantive appeals to the CAT and three appeals to the Court of Appeal.

Brian acted for a defendant in this major damages claim arising out the EU’s copper fittings cartel decision. It has given rise to an important judgment on contribution.

Brian acted for the UK in resisting this major Francovich damages claim arising for the UK’s implementation of EU road insurance rules.

Brian acted for the airline in this important case regarding compensation for flight cancellations and the status of EU judgments post Brexit.

Brian acts for Volkswagen AG in this class action arising out of what the claimants call “Dieselgate”. With 900,000 claimants, this is one of the largest group actions ever in the UK.

Brian acted for the UK in this case where the CLEU held that arbitration proceedings in the UK could not not block the recognition of a Spanish judgment ordering the insurer to pay compensation for the damage caused by the oil spill following the sinking of the oil tanker Prestige in 2002: [2023] 1 CMLR 5.

Brian acted for the successful defendant in this sanctions case which concerned the EU Blocking Statute.

Brian acted for the European Banking Authority in this leading case which confirmed the powers of the EBA to regulate retail banking products in the EU.

Brian acted for the defendant in this arbitration before the German Institute of Arbitration arising from the European Commission's decision finding a cartel in the market for the supply of wire harnesses to vehicle manufacturers.

Brian acted for the airline in this leading case regarding alleged hidden fees in booking flights and regulation 1008/2008.

Brian acted for the UK in this major case concerning the status of children brought into the EU under kefala arrangements and whether they should be treated as equivalent to children adopted under domestic law.

Brian acted for the UK in this reference from the Upper Tribunal concerning EU citizenship and residence rights forunmarried couples where one party is a third country national.

Brian acted for the Home Office in this important case concerning the proper appeal route for non-core family members of EU citizens who are third country nationals seeking to establish derived residence rights.

Brian acted for ESMA in its significant intervention restricting these products for retail investors in the EU. This is the first time these powers have been used.

Brian acted for an intervener (the AIRE Centre) in this successful challenge to the policy of deporting homeless EU citizens who were exercising their free movement rights.

Brian acted for the GFSC concerning the interpretation of Solvency II, and minimum capital requirement rules for insurers.

Brian advised the TV channel media service provider on Brexit issues and the application of the AVMS Directive.

Brian acted for the FCA in this case before the CJEU involving unfair terms in mortgage loan agreements under EU law.

Brian acted for Imperial Tobacco in its challenge to the plain packs legislation. This major case, which led to one of the leading judgments in regulatory judicial review, concerned common law and ECHR property rights, EU free movement and trade mark law as well procedural fairness.

Brian acted for the Department of Work and Pensions in this reference from the Supreme Court as to whether under EU social security law the claimant was entitled to the care component of the UK’s disability living allowance where the claimant had moved permanently to Spain and had long since ceased to work or have employment-based sickness coverage under the relevant UK schemes.

Brian acted for the FCA in this case which concerned the interpretation of the Directive on Financial Collateral Arrangements, and whether that Directive applies only to collateral arrangements involving accounts used for settlement in securities settlement systems.

Brian acted for the FCA in this important case which determined the definition of a “regulated market” under MiFID and in particular whether that definition covered a trading system such as Euronext Fund Services.

Brian acted for the UK in this case concerning the test for a close connection under the Brussels Recast Regulation.

Brian advised the UK Government in this case in which the EU fisheries and agricultural agreements with Morocco were challenged on the ground that they violated the UN Charter and international law in recognising Moroccan jurisdiction over Western Sahara. 

Brian acted for the UK in this case which concerned whether the definition of a "creditor" included a peer-to-peer lending platform.

Brian acted for the SSHD in these appeals (and before the CJEU) relating to the scope of protection for non-EEA abandoned divorcees under the Citizenship Directive, and derived rights by virtue of their children’s EU citizenship rights and right to continued education in the host Member State.

Brian acted for Ofcom in this root-and-branch challenge by RT (the Russian state-owned broadcaster) to Ofcom’s broadcast impartiality regime. The Divisional Court rejected RT’s judicial review challenge of Ofcom’s decisions that various programmes broadcast by RT breached regulatory requirements of ‘due impartiality’, and its imposition of a fine of £200,000. 

Brian advised and acted for Ryanair 2011-2016 in this major case involving the airline’s minority stake in Aer Lingus. It has involved three substantive appeals to the CAT and three appeals to the Court of Appeal.

Brian acts for Volkswagen AG in this class action arising out of what is often described as “Dieselgate”.

Brian acted for the UK in this reference from the Upper Tribunal concerning EU citizenship and residence rights forunmarried couples where one party is a third country national.

Brian acted for the UK in this major case concerning the status of children brought into the EU under kefala arrangements and whether they should be treated as equivalent to children adopted under domestic law.

Brian acted for an intervener (the AIRE Centre) in this successful challenge to the policy of deporting homeless EU citizens who were exercising their free movement rights.

Brian acted for the Home Office in this important case concerning the proper appeal route for non-core family members of EU citizens who are third country nationals seeking to establish derived residence rights.

Brian is acting for the airline in this test case concerning the interpretation of EU261 and whether cancellations caused by internal strikes constitute "extraordinary circumstances". 

Brian acted for the airline against the Civil Aviation Authority in the investigation arising from the cancellation of thousands of flights 2017.

Brian is acting for National Grid Electricity Transmission in its dispute with Ofgem regarding the price control covering the major works needed to connect the new power station at Hinkley Seabank. This case concerns RIIO-1 and RIIO-2.

Brian is acting for National Grid Gas Transmission in its dispute with Ofgem regarding the reopening of the price control covering particular significant tunneling replacements.

Brian acted for musicians challenging the government’s private copying exemption. This is a leading case on the proper approach to expert and technical evidence in judicial review.

Brian acted for the claimant in this challenge to the new remote gambling taxation, which engaged the EU freedom to provide services and has led to a reference to the CJEU.

Brian acted for the claimant in this challenge to the new remote gambling licensing regime, which engaged the EU freedom to provide services and raised important issues regarding the application of EU law to Gibraltar.

Brian acted for the appellants in this challenge to the Determinations Panel of the Pensions Regulator. The question was whether the Panel had a discretion to allow the Pensions Regulator to rely on additional grounds which it had not mentioned in the warning notice issued to the target company. The Court of Appeal held that this discretion was not fettered by a “good reason” requirement.

Brian acted for Clearcast in successfully arguing that it was not amenable to judicial review. This was on the basis that the body acted on behalf of broadcasters for a commercial purpose, namely to advise on whether proposed advertisements were likely to survive scrutiny by the ASA.

Brian acted for Imperial Tobacco in its challenge to the plain packs legislation. This major case, which led to one of the leading judgments in regulatory judicial review, concerned common law and ECHR property rights, EU free movement and trade mark law as well procedural fairness.

Brian acted for the UK in this case about the citizenship right to reside of a woman who gave up her job in order to have and care for her child. Although she had no direct right under the Citizenship Directive, the CJEU extended the definition of worker under the Treaty to ensure that she was protected.

Brian acted for the SSHD in these appeals (and before the CJEU) relating to the scope of protection for non-EEA abandoned divorcees under the Citizenship Directive, and derived rights by virtue of their children’s EU citizenship rights and right to continued education in the host Member State.

Brian acted for the applicant in this leading case on the basis for calculating, under domestic licences, legal expenses for foreign proceedings. This case is subject to appeal on the issue of whether the Treasury can justify the use of a “purchasing power parity” methodology in cases such as that of the prosecution of Mr Ezz in Egypt.

Brian acted for the UK in this important and politically significant case concerning the extent to which a Member State can limit social assistance to EEA nationals in the first three months of residence in that Member State, including jobseekers.

Brian acted for the SSHD in her successful appeal regarding the test for permanent residence under the Citizenship Directive and whether an applicant can count on rights acquired before accession to the EU.

Brian acted for the SSHD before the Court of Appeal in this case which relates to the power to deport the spouse of an EU citizen. This case examines the proper approach to the risk of re-offending.

Brian acted for the SSWP successfully in this appeal relating to EU social security requirements. This is also an important case for the relationship between the UK and Gibraltar.

Brian acted for the Department of Work and Pensions in this reference from the Supreme Court as to whether under EU social security law the claimant was entitled to the care component of the UK’s disability living allowance where the claimant had moved permanently to Spain and had long since ceased to work or have employment-based sickness coverage under the relevant UK schemes.

Brian acted for the UK Government in this important challenge to the UK’s alleged acquiescence in a violation of the sovereignty of Western Sahara, addressing the status of UN Security Council and General Assembly resolutions, customary international law and justiciability issues.

Brian is acting for the claimant challenging the remedies imposed on hospital consultants under the CMA’s Private Healthcare Investigation Report and the CMA’s conclusions regarding competition in these markets. The case is pending before the Court of Appeal.

Brian acted for the regulator in this challenge to its 4G spectrum allocation and re-farming decision. 

Brian acted for the regulator in this major margin squeeze case in the Caribbean.

Brian acted for Imperial Tobacco in its challenge to the EU’s Second Tobacco Products Directive. This important judgment of the CJEU establishes the limits of the EU’s internal market legislative competence in public health matters and on limiting IP rights on public health grounds.

Brian acted for the Secretary of State in this challenge to the policy of restricting access to parcels (including those containing books) in prisons.

Brian advised the ICRC in relation to the new EU legislation enacted in 2016, which threatened the ICRC’s rights under international human rights and humanitarian law. The ICRC won important concessions in this respect.

Brian is acting for the animal rights bodies in a series of cases before the ECA and before the European Ombudsman challenging the Agency’s approach to EU rules which seek to minimise animal testing.

Brian appeared before the General Court and the CJEU for Mr Ezz and his wives whose assets have been frozen by the EU because of an alleged misappropriate of Egyptian State funds in conjunction with the Mubarak regime. The Ezz judgment is one of the leading cases in this area.

Brian acted for the plaintiff in this major trial in the Cayman Islands Grand Court concerning the interpretation of UN Libyan sanctions, the proper control of frozen Libyan state funds and claims of circumvention by those seeking to obtain control of the funds.

Brian is acting in the General Court for a Syrian businessman accused of assisting the regime.

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. 

Brian is 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.

Brian is acting for Mr Ezz and his wives subject to EU sanctions arising from alleged crimes in Egypt contrary to the UN Convention against Corruption.

Brian is acted for the applicant, a former Ukrainian politician, in successfully overturning EU sanctions on the ground of lack of evidence. It was demonstrated that the EU had no evidence that the applicant had misappropriated State assets as alleged.

Brian acted for the applicant in this leading case in relation to the EU Tunisian sanctions, which establishes the kind of evidence required to overturn EU restrictive measures.

Brian is 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.

Brian acted for a Ukrainian businessman and former politician who had been subjected to sanctions on the grounds of alleged illegal conduct and corruption within the former administration. The Ukrainian request for the sanctions contained serious misrepresentations and the EU sanctions were annulled.

Brian acted 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 were false and driven by the commercial interests of the new rulers in Ukraine.

Brian acted for the applicant, listed on the EU Syrian regulation and decision, as the parent company of an entity allegedly supplying crude oil to the Syrian government.

Brian acted for the applicant, listed on the EU Syrian regulation and decision, for allegedly supplying crude oil to the Syrian government.

Brian acted for an individual subject to the EU Syrian sanctions on the ground of being employed by a company allegedly supplying crude oil to the Syrian government.

Brian acted for a businessman listed on the EU Ukrainian sanctions regulation and decision for allegedly illegal conduct under the previous regime.

Brian acted for the applicant in this leading case on the basis for calculating, under domestic licences, legal expenses for foreign proceedings. This case is subject to appeal on the issue of whether the Treasury can justify the use of a “purchasing power parity” methodology in cases such as that of the prosecution of Mr Ezz in Egypt.

Brian acts for this major Japanese multinational in relation to EU law sanctions issues.

Brian acted for ESMA in its significant intervention restricting these products for retail investors in the EU. This is the first time these powers have been used.

Brian acted for UBS in the Allianz domestic litigation in the Commercial Court and in the O’Higgins/Evans collective proceedings in the CAT arising from the alleged anti-competitive conduct concerning FX spot trading.

Brian acted for the GFSC concerning the interpretation of Solvency II, and minimum capital requirement rules for insurers.

Brian is acting for the Bank in this multi-billion dollar damages claim arising out of the alleged USD LIBOR cartel.

Brian acted for the UK in this important case on jurisdiction under the Insolvency Regulation. The CJEU found that the jurisdiction to rule on the determination of the debtor's assets falling with the scope of the effects of secondary insolvency proceedings lay with the courts of the Member State in which secondary insolvency proceedings had been opened, concurrently with the courts of the Member State in which the main proceedings had been opened.

Brian acted for the FCA in this case before the CJEU involving unfair terms in mortgage loan agreements under EU law.

Assisted the Financial Services Compensation Scheme via HM Treasury on these two major cases involving jurisdictional issues.

Brian is advising the family of former Egyptian president Mubarak in relation to a judicial review against the OFSI relating to licences to release frozen funds.

Brian acted for the FCA in this important case which determined the definition of a “regulated market” under MiFID and in particular whether that definition covered a trading system such as Euronext Fund Services.

Brian acted for the FCA in this important case which determined whether, under MiFID, “the reception and transmission of an order” to a “portfolio manager” is an “investment service”. 

Brian acted for the FCA in this important case relating to MiFID, the concept of ‘investment services and activities’, the provisions to ensure investor protection and the conduct of business obligations when providing investment services to clients. This is a leading case on the obligation to assess the suitability or appropriateness of the service to be provided and the contractual consequences of non-compliance with that obligation.

Brian acted for the UK in this case which concerned whether the definition of a "creditor" included a peer-to-peer lending platform.

Brian acted for the FSCS in this case which concerned whether a “systemic crisis” allows the legal obligation of a Deposit Guarantee Scheme under EEA law to compensate savers to be reduced from the minimum guaranteed level to such sums as may be available to the DGS at that time. 

Brian acted for the FCA in this case which concerned the interpretation of the Directive on Financial Collateral Arrangements, and whether that Directive applies only to collateral arrangements involving accounts used for settlement in securities settlement systems.

Brian acted for the UK in this case which concerns whether minimum interest rate clauses in mortgage loans granted to consumers were unfair under EU consumer protection law and whether a ruling to that effect could be limited to apply prospectively only.

Brian acted for the UK in this case concerning the test for a close connection under the Brussels Recast Regulation.

Brian has advised extensively on these issues and represented clients before the FCA and the Tribunal.

Brian assisted the defendant banks in a major US financial services case arising from the operation of collective investment schemes in the UK.

Brian advised in relation to a major class action arising from the demise of Equitable Life. 

Brian acted for a leading international group of oil traders in an FCA and US CFTC investigation.

Brian is acting for Three in its claim for restitution of Annual Licence Fees for 900 MHz and 1800 MHz spectum (over £30m) paid pursuant to an ultra vires public law instrument. 

Brian is acting for the applicant in this challenge in the General Court against the European Commission’s refusal to allow the merger between Three and O2.

Brian is advising ComReg on the use of 2 GHz spectrum by ground stations in connection with the operation of a satellite mobile communications network. This concerns EU and international law and satellite-provided broadband services to passenger in aircraft across Europe.

Brian is advising the mobile network operator Three in relation to a major project to ensure compliance with the new EU Net Neutrality Regulation and rules on international roaming.

Brian advised Three in an Ofcom investigation into Three’s (and other MNOs’) advertising and presentation of call and data packages.

Brian advised Ofgem on the funding and resourcing of the UK Regulatory Network (UKRN) under the Better Regulation Principles and Schedule 1 of the Utilities Act 2000.

Brian acted for the mobile network operator Three in its judicial review of Ofcom's 5G mobile spectrum auction. 

Brian has advised in relation to the consultation response and engagement with Ofcom on this matter in addition to compliance with the NGN rules regarding tariffs and billing.

Brian acted for Three in successfully persuading Ofcom to reconsider its decision on competition and auction design issues for the 2.3 and 3.4 GHz spectrum award, including reserve prices.

Brian advised a major telecoms operator in relation to State aid issues arising from the “refarm” of existing 2G spectrum holdings for 4G use.

Brian acted for the regulator in this challenge to its 4G spectrum allocation and re-farming decision. 

Brian acted for the regulator in this challenge to a finding of dominance relating to ex ante regulation of international connectivity.

Brian acted for the regulator in this major margin squeeze case in the Caribbean.

Brian has advised a major telecoms operator in relation to this investigation.

Brian advised and appeared for Three in this investigation. 

Brian advised and assisted Three in this consultation.

Brian has advised the Irish postal services operator on Brexit related issues.

Brian acts for Volkswagen AG in this class action arising out of what is often described as “Dieselgate”.

Brian is acting for National Grid Electricity Transmission in its dispute with Ofgem regarding the price control covering the major works needed to connect the new power station at Hinkley Seabank. This case concerns RIIO-1 and RIIO-2.

Brian is acting for National Grid Gas Transmission in its dispute with Ofgem regarding the reopening of the price control covering particular significant tunneling replacements.

Brian acted for the UK in this case which addresses the roles of EU institutions in negotiating international agreements, here the Emissions Trading Agreement with Australia.

This case concerned a gas supply contract and arbitration between Gazprom, E.ON Ruhrgas International and the Lithuanian State Property Fund and the extent to which the arbitration could issue a form of anti-suit injunction preventing the parties from litigating in the State courts.

Brian advised Ofgem on the funding and resourcing of the UK Regulatory Network (UKRN) under the Better Regulation Principles and Schedule 1 of the Utilities Act 2000.

Brian advised the Department for Energy and Climate Change on the Tempus Energy and Tempus Energy Technology v Commission (T-793/14) case challenging the Commission’s decision not to raise objections to UK State aid which is to be paid under the newly implemented scheme called the Capacity Market. 

Brian has advised major operators on Ofgem investigations regarding compliance with standard licence conditions in gas and electricity supply licences.

Brian acted for Shell in its challenge to the EU Commission’s decision on allocation of “carbon credits” in the EU emissions trading scheme.

Brian advised in relation to the Energy-from-Waste infrastructure plant which forms the backbone of the Greater Manchester Waste Disposal Authority's £4.4 billion waste PFI contract with Viridor and Laing.

Brian is acting for Visa Inc in this stand-alone damages claim alleging that interchange fees breached EU, English and Irish competition law. The claimants claim in excess of £1bn. Brian has also advised in relation to the Commission’s inter-regional MIF investigation. Brian is also acting for Visa in its appeal before the UK Supreme Court (2019).

Brian is acting for the claimant in this claim arising from the Irish Government’s decision to impose a discriminatory tax on airlines in breach of EU free movement rules. Trial is listed in late 2019.

Brian acted for UBS in the Allianz domestic litigation in the Commercial Court and in the O’Higgins/Evans collective proceedings in the CAT arising from the alleged anti-competitive conduct concerning FX spot trading.

Brian acted for Daimler in this major Commercial Court damages action arising from the global Ro-Ro Shipping cartel.

Brian is acting for the Bank in this multi-billion dollar damages claim arising out of the alleged USD LIBOR cartel.

Brian acted for the defendant in this arbitration before the German Institute of Arbitration arising from the European Commission's decision finding a cartel in the market for the supply of wire harnesses to vehicle manufacturers.

Acted for the defendants in this major Commercial Court claim for damages arising out alleged anti-competitive behavior (value in excess of £1bn).

Brian acted for a defendant airline, accused of participating in a worldwide air freight cartel. This judgment addressed many significant issues in damages litigation, such as the scope of Pergan rights and third party access to the file.

Brian acted for LG in successfully striking out on jurisdiction grounds claims worth in excess of €600m relying on the EU Cathode Ray Tubes cartel decision: [2016] 5 CMLR 15.

Acting for the airline in a major class action brought by hundreds of passengers and claims harvesting companies arising out of delays and EU rights, raising complicated jurisdiction and consumer issues. The airline succeeded in its Chancery Div trial, appeal listed in 2019.

Brian acted for the defendant in this claim for damages arising from the Industrial Bags cartel decision of the EU Commission. It involved complex upstream and downstream pass-on issues. 

Acting for the defendant, the former owner of a major Russian construction company in a £100m claim brought by a Russian bank.

Brian acted for the claimant in a major breach of contract action in the English Commercial Court arising from Ryanair’s decision to allow its tickets to be sold through travel agents.

Brian acted for RBS in its defence of a misrepresentation claim based on rates alleged fixed by reference to the EURIBOR infringement, in which RBS admitted liability and paid a €131m penalty.

Brian acted for a defendant in this major damages claim arising out the EU’s copper fittings cartel decision. It has given rise to an important judgment on contribution.

This case concerned a gas supply contract and arbitration between Gazprom, E.ON Ruhrgas International and the Lithuanian State Property Fund and the extent to which the arbitration could issue a form of anti-suit injunction preventing the parties from litigating in the State courts.

Brian acted for the UK in this case concerning the test for a close connection under the Brussels Recast Regulation.

Brian acted for the UK in this leading case on the compatibility of worldwide freezing orders which affect third parties and the Charter of Fundamental Rights of the EU. The CJEU held that the provisions in the standard form English order sufficed for that purpose.

Brian acted for the UK in this important case on jurisdiction under the Insolvency Regulation. The CJEU found that the jurisdiction to rule on the determination of the debtor's assets falling with the scope of the effects of secondary insolvency proceedings lay with the courts of the Member State in which secondary insolvency proceedings had been opened, concurrently with the courts of the Member State in which the main proceedings had been opened.

Brian acted successfully for the UK in this case relating to the circumstances in which a court may refuse to recognise a judgment on public policy grounds.

Brian acted in an LCIA arbitration where competition issues (abuse of dominance) were raised in a dispute in the EU air transport sector. This case involved questions of discriminatory pricing and essential facilities.

Brian acted for the former Finance Director of Bernard Madoff’s UK operation in resisting the claims by the trustee of Mr Madoff’s US businesses for recovery of all of the sums which Mr Madoff obtained by fraud.

Brian acted for the Bank in this leading case on the requirements of service of proceedings under EU law in international litigation.

Brian is acting for the defendant in this major Commercial Court action arising from the European Commission's finding of a cartel in the global market for cathode ray tubes.

Brian is acting for Three in its claim for restitution of Annual Licence Fees for 900 MHz and 1800 MHz spectum (over £30m) paid pursuant to an ultra vires public law instrument. 

Brian acted for the plaintiff in this major trial in the Cayman Islands Grand Court concerning the interpretation of UN Libyan sanctions, the proper control of frozen Libyan state funds and claims of circumvention by those seeking to obtain control of the funds.

Brian acted for the defendant in this arbitration before the German Institute of Arbitration arising from the European Commission's decision finding a cartel in the market for the supply of wire harnesses to vehicle manufacturers.

This case concerned a gas supply contract and arbitration between Gazprom, E.ON Ruhrgas International and the Lithuanian State Property Fund and the extent to which the arbitration could issue a form of anti-suit injunction preventing the parties from litigating in the State courts.

Brian acted for one of the main parties in the LCIA arbitration involving the aluminium trading consortium SUAL and Glencore regarding a disputed $47bn aluminium supply deal.

Brian is acting for the claimant in a major LCIA arbitration concerning contracts with French airport authorities.

Brian acted for defendants in a major competition law damages claim raised in an arbitration (settled).

Brian is acting for the claimant in a major LCIA arbitration concerning contracts with Cypriot airport authorities.

Brian acted in an LCIA arbitration where competition issues (abuse of dominance) were raised in a dispute in the EU air transport sector. This case involved questions of discriminatory pricing and essential facilities.

Brian had advised extensively on arbitral claims arising from bilateral investment treaties with Russia, Ukraine and various EU Member States arising from the consequences of the sanctions imposed on certain businesses in Ukraine and Russia.

Acted for the defendants in this major Commercial Court claim for damages arising out alleged anti-competitive behavior (value in excess of £1bn).

Brian acted for a defendant airline, accused of participating in a worldwide air freight cartel. This judgment addressed many significant issues in damages litigation, such as the scope of Pergan rights and third party access to the file.

Brian acted for RBS in its defence of a misrepresentation claim based on rates alleged fixed by reference to the EURIBOR infringement, in which RBS admitted liability and paid a €131m penalty.

Brian acted for a defendant in this major damages claim arising out the EU’s copper fittings cartel decision. It has given rise to an important judgment on contribution.

Brian acted for the UK in this leading case on the compatibility of worldwide freezing orders which affect third parties and the Charter of Fundamental Rights of the EU. The CJEU held that the provisions in the standard form English order sufficed for that purpose.

Brian acted successfully for the UK in this case relating to the circumstances in which a court may refuse to recognise a judgment on public policy grounds.

Brian acted for the former Finance Director of Bernard Madoff’s UK operation in resisting the claims by the trustee of Mr Madoff’s US businesses for recovery of all of the sums which Mr Madoff obtained by fraud.

Brian is advising the family of former Egyptian president Mubarak in relation to a judicial review against the OFSI relating to licences to release frozen funds.

Brian acted for the UK Government in this important challenge to the UK’s alleged acquiescence in a violation of the sovereignty of Western Sahara, addressing the status of UN Security Council and General Assembly resolutions, customary international law and justiciability issues.

Brian advised the UK Government in this case in which the EU fisheries and agricultural agreements with Morocco were challenged on the ground that they violated the UN Charter and international law in recognising Moroccan jurisdiction over Western Sahara. 

Brian acted for Imperial Tobacco in its challenge to the plain packs legislation. This major case, which led to one of the leading judgments in regulatory judicial review, concerned common law and ECHR property rights, EU free movement and trade mark law as well procedural fairness.

Brian acted for the UK in this case which addresses the roles of EU institutions in negotiating international agreements, here the Emissions Trading Agreement with Australia.

Brian is acting for Mr Ezz and his wives subject to EU sanctions arising from alleged crimes in Egypt contrary to the UN Convention against Corruption.

Acting for the airline in a major class action brought by hundreds of passengers and claims harvesting companies arising out of delays and EU rights, raising complicated jurisdiction and consumer issues. The airline succeeded in its Chancery Div trial, appeal listed in 2019.

Brian is advising the family of former Egyptian president Mubarak in relation to a judicial review against the OFSI relating to licences to release frozen funds.

Brian acted for the mobile network operator Three in its judicial review of Ofcom's 5G mobile spectrum auction. 

Brian acted for the plaintiff in this major trial in the Cayman Islands Grand Court concerning the interpretation of UN Libyan sanctions, the proper control of frozen Libyan state funds and claims of circumvention by those seeking to obtain control of the funds.

Brian is advising ComReg on the use of 2 GHz spectrum by ground stations in connection with the operation of a satellite mobile communications network. This concerns EU and international law and satellite-provided broadband services to passenger in aircraft across Europe.

Brian acted for the UK in this major case concerning the status of children brought into the EU under kefala arrangements and whether they should be treated as equivalent to children adopted under domestic law.

Brian advised the TV channel media service provider on Brexit issues and the application of the AVMS Directive.

Brian has advised Scandinavian broadcasters in relation to these issues

Brian acted for Three in successfully persuading Ofcom to reconsider its decision on competition and auction design issues for the 2.3 and 3.4 GHz spectrum award, including reserve prices.

Brian has acting in this major dispute regarding the restrictions on artists using part major venues in UK and US.

Brian acted for Clearcast in successfully arguing that it was not amenable to judicial review. This was on the basis that the body acted on behalf of broadcasters for a commercial purpose, namely to advise on whether proposed advertisements were likely to survive scrutiny by the ASA.

Brian has advised in relation to licensing and copyright issues in respect of music downloaded into YouTube.

Brian has assisted BPI in its examination of on-line treatment of illegal music sites.

Brian advised the UK financial media on legal issues arising from this EU legislation.

Brian advised DCMS in relation to the threatened EU Commission infraction proceedings.

Brian advised independent music companies on competition issues arising from the Universal/EMI merger.

Brian has advised a mobile operator in relation to a number of cases brought against it by the ASA.

Advising a prominent video streaming service in relation to the application of the AVMS Directive to a paid-for movies-on-demand service.

Brian appeared for the airline in the CJEU in defending the General Court judgment in the Irish Air Travel Tax case and in Ryanair and Aer Lingus’ cross-appeal.

Brian acted for Ryanair in the General Court and the CJEU in its challenge against the Commission’s State aid decision in respect of Ireland’s Air Travel Tax (ATT).

Brian acted for musicians claiming that the private copying exemption from copyright was a State aid to cloud providers and other beneficiaries of the measure.

Brian is acting for Ryanair in resisting the State’s claim for repayment of the ATT found to be a State aid on the grounds of a set off and Francovich counterclaim.

Brian advised a major telecoms operator in relation to State aid issues arising from the “refarm” of existing 2G spectrum holdings for 4G use.

Brian has advised the GMWDA in relation to State aid compliance on a number of occasions.