Dinah Rose KC

Represented investment funds, owned by the Libyan Investment Authority, in a 10 day trial, and subsequently a two-day appeal, in the Cayman Islands. The case raised complex issues involving the interaction between the UN, EU, UK and Cayman sanctions regimes. The central issue was whether the dismissal of directors of the investment funds constituted a breach of those regimes.

Representing Visa in competition damages claims brought by retailers, alleging that interchange fees unlawfully restrict competition. The Commercial Court trial was the longest competition action of 2016/17, and was followed by a two-week Court of Appeal hearing in 2018. An appeal is currently pending before the Supreme Court.

Representing JP Morgan in appeal to General Court against decision of the Commission concerning the alleged manipulation of the Euribor rate, and information sharing. 

Advising the manufacturers of various drugs in continuing CMA investigations into the pricing of medicines for sale to the NHS. 

Representing largest commercial broadcaster in Hong Kong in Hong Kong High Court, in successful judicial review of decision of Broadcasting Authority finding some clauses in contracts with artists to be anti-competitive. 

Representing HCA in statutory judicial review in CAT of decision of CMA under the Enterprise Act 2002 requiring HCA to divest two hospitals. On discovery of flaws in the CMA’s pricing analysis, the appeal was conceded by the CMA, and the matter remitted for reconsideration.

Representing claimants in follow on and stand alone damages action concerning losses arising out of the operation of a European synthetic rubber cartel. Settled after two weeks of trial.

Representing Tesco in appeal to CAT against OFT decision finding that Tesco participated in concerted practice with the object of distorting competition in the market for British cheese in 2002 and 2003. 

Representing Ofcom in appeals brought by BSkyB, FA Premier League and other parties against Ofcom’s decision requiring BSkyB to wholesale its sports channels to other broadcasters. Pending before Court of Appeal.

Representing Shell in successful appeal against OFT finding of anti-competitive conduct in retailing of tobacco products.

Represented investment funds, owned by the Libyan Investment Authority, in a 10 day trial, and subsequently a two-day appeal, in the Cayman Islands. The case raised complex issues involving the interaction between the UN, EU, UK and Cayman sanctions regimes. The central issue was whether the dismissal of directors of the investment funds constituted a breach of those regimes.

Acted for Cynergy Bank Ltd in this appeal concerning the interpretation of a Facility Agreement entered into between Lamesa Investments Ltd and Cynergy Bank Ltd in 2017.

Successfully acted for the appellant, Privacy International, in the Supreme Court. The case established that the Investigatory Powers Tribunal, which hears claims against the security and intelligence services, is subject to judicial review by the High Court. It is now the leading case on ouster clauses. 

Represented the Law Society in its judicial review of cuts made by the Lord Chancellor to criminal legal aid, which resulted in the Divisional Court quashing the Lord Chancellor's decision on the grounds of unfairness and irrationality.

Judicial review of HM Treasury's decision to grant indexation for the 'guaranteed minimum pension' component of public sector pensions, following the abolition of the additional state pension, in a manner that inadvertently reads across to certain private sector schemes. 

Representing David Davis MP and Tom Watson MP in challenge to legislation permitting mass retention of mobile telephone data. Breaches of Art 8 ECHR and of the EU Charter of Fundamental Rights.

Landmark Hong Kong Court of Appeal ruling in a discrimination case. The court ruled that the Director of Immigration (the “Director”) acted unlawfully by excluding a same-sex couple from his policy of granting dependant visas to the spouses of employment visa holders.

Successfully obtained a reference to the CJEU in case about mass collection of ‘bulk personal datasets’ and ‘bulk communications data’. The IPT decided that the Security and Intelligence Services had been unlawfully collecting and holding data on the UK population for over 10 years and the issue of future collection has been referred to Luxembourg. 

Representing claimant in challenge pending before Supreme Court, alleging that provision of probation hostels for women discriminates on grounds of sex.

Acting for Unison in its judicial review challenge to the new fees regime for employment tribunal cases. The Supreme Court allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal were unlawful because of their effects on access to justice.

Representing largest commercial broadcaster in Hong Kong in successful challenge to decision of broadcasting regulator alleging anti-competitive terms in contracts with artists. CFI held that the regulatory scheme failed to provide a fair hearing before an independent and impartial tribunal, and breached Art 10 of HK Bill of Rights.

Representing Law Society in challenge to new criminal duty solicitor contracts.

Representing Appellants in successful JR of decision to segregate prisoners, on grounds that it was unfair and ultra vires.

Representing Claimant in successful JR of Council decision removing free bus travel from children in faith schools (on grounds of discrimination).

Representing journalist from The Guardian in judicial review of the Attorney General’s decision to override decision of Upper Tribunal requiring the publication of letters written by Prince Charles to Government Ministers. 

Representing the claimants in proceedings before the Investigatory Powers Tribunal, which established that MI5, M16 and GCHQ’s policies for dealing with legally privileged material intercepted by them were unlawful.

Representing claimants (pro bono) in High Court and Court of Appeal, in challenge to quality assurance scheme for advocates.

Representing Claimant in pending judicial review of legislation introducing plain packaging for tobacco products, alleging breach of EU law, IP law, and human rights law.

Representing Claimant in challenge to legislation taxing offshore gambling, on grounds of breach of EU law.

Representing Appellant in successful challenge before Supreme Court and CJEU to UK’s breach of EU air pollution limits, and lack of effective remedy for the breach.

Representing the Appellant in challenge to validity of European Arrest Warrant issued by a public prosecutor. 

Representing the applicant in ECtHR in a claim concerning a Christian registrar who refused to perform civil partnerships, and was disciplined for gross misconduct.

Dinah acted for the Deputy Registrar and Attorney General in this high-profile case concerning whether the right to marry under the Constitution of the Cayman Islands extends to same-sex couples. 

This case concerned the alleged misuse of personal data belonging to more than 71 million people to develop “political propaganda campaigns” in the UK and the US and Facebook’s failure to protect the data of its users. 

Represented the Law Society in its judicial review of cuts made by the Lord Chancellor to criminal legal aid, which resulted in the Divisional Court quashing the Lord Chancellor's decision on the grounds of unfairness and irrationality.

Acted for the applicants, ten NGO’s including Liberty and Amnesty International, in a landmark challenge before the European Court of Human Rights to the UK’s regime for the interception of external communications. The complaints in the three cases were triggered by disclosures by Edward Snowden as to the surveillance measures used by the UK and the US intelligence services, including the practices of intercepting electronic communications in bulk as well as the sharing of intercepted data between intelligence services.

Judicial review of HM Treasury's decision to grant indexation for the 'guaranteed minimum pension' component of public sector pensions, following the abolition of the additional state pension, in a manner that inadvertently reads across to certain private sector schemes. 

Landmark Hong Kong Court of Appeal ruling in a discrimination case. The court ruled that the Director of Immigration (the “Director”) acted unlawfully by excluding a same-sex couple from his policy of granting dependant visas to the spouses of employment visa holders.

Representing claimant in challenge pending before Supreme Court, alleging that provision of probation hostels for women discriminates on grounds of sex.

Representing Appellants in successful JR of decision to segregate prisoners, on grounds that it was unfair and ultra vires.

Representing the claimants in proceedings before the Investigatory Powers Tribunal, which established that MI5, M16 and GCHQ’s policies for dealing with legally privileged material intercepted by them were unlawful.

Representing claimants (pro bono) in High Court and Court of Appeal, in challenge to quality assurance scheme for advocates.

Acting for Ofcom in a price control case concerning auction rules. 

Representing Ofcom in pending judicial review of 4G spectrum auction.

Representing cable operators in pending appeal concerning Ofcom’s regulation of charges for Ethernet services.

Acting for the Altnets intervening in appeal concerning Ofcom’s resolution of a dispute as to BT’s charges for Partial Private Circuits.

Acting for Uber in case addressing the question whether Uber drivers could be said to be workers and whether they are therefore entitled to receive the national minimum wage and paid annual leave.

Acting for Unison in its judicial review challenge to the new fees regime for employment tribunal cases. The Supreme Court allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal were unlawful because of their effects on access to justice.

Representing claimant in challenge pending before Supreme Court, alleging that provision of probation hostels for women discriminates on grounds of sex.

Representing Claimant in successful judicial review of Council decision to withdraw free bus travel from pupils of faith schools (but not Welsh language schools), on the ground of indirect race discrimination.

Representing IBM in pending appeal against judgment finding that changes to IBM’s pension scheme breached duties of trust and confidence.

Representing claimants who are members of the GMB in mass litigation arising out of maintenance by major construction companies of a secret database of alleged trade union activists. Alleging breaches of Data Protection Act and right to privacy, conspiracy, defamation. 

Representing BBC in successful appeal against order granting anonymity to former employee who had been dismissed on grounds of alleged sexual misconduct.

Representing AMEC in appeal concerning the calculation of holiday pay, by reference to voluntary overtime. 

Representing claimants in claim concerning duty to consult before mass redundancies (case arising out of the insolvency of Woolworths).

Representing Methodist Conference in successful appeal to Supreme Court, concerning the question whether Methodist ministers are employees.

Representing Appellants in successful appeal to Supreme Court concerning the suitability of particular male employees for the purposes of an equal pay claim.

Acting for the Claimant. The Court held that the decision to impose a curfew on a man
subject to a deportation order was unlawful.

Landmark Hong Kong Court of Appeal ruling in a discrimination case. The court ruled that the Director of Immigration (the “Director”) acted unlawfully by excluding a same-sex couple from his policy of granting dependant visas to the spouses of employment visa holders.

Representing Appellant in successful challenge before Supreme Court and CJEU to UK’s breach of EU air pollution limits, and lack of effective remedy for the breach.