Gayatri Sarathy

Acted for the successful Claimant sellers pursuing claims arising out of the termination of SPAs in respect of Brazilian mining assets under which in excess of US$1 billion was payable. The claim involved several interlocutory hearings concerning disclosure and other case management issues. A six week trial on liability took place between June and July 2024. A two week trial on quantum is due to take place in November 2025 (led by Andrew Green KC and Andrew Scott KC)

Acting for the intervener, Mischon de Reya LLP, in an appeal concerning the common law power to assist foreign office-holders to claim local immovables (led by Andrew Scott KC)

Acting for the Claimants in a €47 million claim involving allegations of conspiracy, breach of fiduciary duty and breach of contract. The claim has involved (a) a two-day jurisdiction challenge; and (b) a two-day strike out application. A eight week trial took place between October and December 2024 (led by Daniel Saoul KC) 

Acting for entities in the Cerberus group resisting claims for €365 million brought by one of Spain's largest banks under investment agreements and guarantees (with Andrew Scott KC and Andrew Trotter)

Acting for a number of football clubs in claims brought under policies of insurance for business interruption arising from the COVID-19 pandemic. The claims settled ahead of a two-week trial listed in February 2025. (led by Andrew Green KC and Hanif Mussa KC)

Acted for the respondent in a leading case in the law of contempt. Ocado made an application to commit a solicitor for contempt of court in respect of an instruction given by the respondent to delete a messaging app, following the service of a search order. The committal application was heard at a 6-day trial in June and July 2022. The case has involved important decisions in relation to the test for permission to bring an application for committal, the right to cross-examine witnesses in committal proceedings, the elements of contempt for interference with the administration of justice and the applicable sanctions for such contempt. The case has attracted considerable coverage in the national and legal press over the previous three years (led by Robert Weekes KC)

Acting for the 31st Defendant in one of the largest claims ever brought in the Commercial Court. The Claimant is a public institution authorised to operate the State of Kuwait's social-security system and pension scheme. It brings a claim in in respect of payments by various financial institutions and intermediaries that are alleged to be unauthorised secret commissions. The payments are said to have been paid over a period of approximately 20 years, in a total amount exceeding US$840 million. The case was featured as one of The Lawyer’s Top 20 cases of 2020 (led by Robert Weekes KC)

Acting for the defendants in a competition damages claim regarding alleged breaches of Brazilian competition law in respect of orange juice production. The claim has involved interlocutory applications, including (a) security for costs; (b) a three-day jurisdiction hearing concerning jurisdiction under Brussels Recast and the Lugano Convention; and (c) a four-day strike out application concerning limitation and succession (with Brian Kennelly KC and Paul Luckhurst)

Acting for the Claimant in proceedings to enforce a substantial US judgment (led by Tom Sprange KC) 

Acted as sole counsel in claim for a mandatory anti-suit injunction arising out of a pledge agreement between the parties which contained a provision for LCIA arbitration

Acted for a company in an ad hoc arbitration concerning the proper construction of a joint venture agreement following the exit of one of the shareholders from the joint venture (led by Andrew Green KC)

Acted for the Claimant in obtaining a US$345 million freezing injunction in support of US proceedings involving the alleged theft of trade secrets against the Respondents. Appeal concerned the test for admissibility of without prejudice statements pursuant to the “unambiguous impropriety” exception (led by Tom Sprange KC) 

Acted for the largest group of investors in multi-million pound fraud claims against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions by HMRC as to the correct tax treatment of those schemes, and in various interlocutory applications and an appeal concerning security for costs (with Andrew Hunter KC, Sam Grodzinski KC and Tom Cleaver) 

Acted for the Defendants in an application for summary judgment in a €172 million debt claim. The application was resisted on the basis that the Defendant had an arguable case that the settlement agreement was voided by economic duress or as an unconscionable bargain, subject to a condition precedent and/or that an acceleration clause was unenforceable as a penalty (led by Robert Anderson KC) 

Acted for the Stati parties in a complex multi-jurisdictional commercial dispute concerning the enforcement of an outstanding $500m Swedish arbitration award. The claim arose out of the freezing of the US$22 billion of assets held by BNYM’s London branch as custodian for NBK in response to garnishment orders obtained by creditors of the Republic of Kazakhstan in Belgian and the Netherlands. The case was featured as one of The Lawyer’s Top 20 cases of 2020. The two-week trial before Teare J in March 2020 was the first fully remote trial to be heard in the Commercial Court during the COVID-19 pandemic (led by Tom Sprange KC)

Acted as sole counsel for the successful Claimant in an application for summary judgment under CPR 24.2 in a debt claim arising from the breach of a settlement agreement 

Acted for the successful arbitrator in resisting the claimant’s application for costs in relation to an application to remove the arbitrator under s.24 of the Arbitration Act 1996 (led by Tom Sprange KC) 

Advising the Claimant in a US$35 million claim for fraudulent misrepresentation, breach of fiduciary duty and breach of contract, arising out of an arrangement to acquire and/or invest in valuable works of art. The case settled a week after trial (as sole English counsel, assisting Jersey advocates)

Acted for the Applicant in urgent injunctive proceedings in the Commercial Court relating to the calling of a performance bond issued in respect of the largest infrastructure project in Rwanda (led by Tom Sprange KC)

Acted as sole counsel for the Second and Third Defendants in a £38 million claim arising out of a joint venture for the purchase of a freehold interest in London commercial property, involving claims of fraudulent misrepresentation and unlawful means conspiracy. Successfully resisted an application for default judgment, raising issues of service out of the jurisdiction in the Isle of Man and Switzerland

Acted for the Claimant in a claim arising out of joint venture for development of residential property in South East London, involving claims in breach of trust, dishonest assistance and inducing breach of contract. Successfully obtained a substantial proprietary freezing injunction against all the Defendants following a contested one-day application (led by Robert Weekes KC)

Acting for the Claimants in a €47 million claim involving allegations of conspiracy, breach of fiduciary duty and breach of contract. The claim has involved (a) a two-day jurisdiction challenge; and (b) a two-day strike out application. A eight week trial took place between October and December 2024 (led by Daniel Saoul KC) 

Acting for the 31st Defendant in one of the largest claims ever brought in the Commercial Court. The Claimant is a public institution authorised to operate the State of Kuwait's social-security system and pension scheme. It brings a claim in in respect of payments by various financial institutions and intermediaries that are alleged to be unauthorised secret commissions. The payments are said to have been paid over a period of approximately 20 years, in a total amount exceeding US$840 million. The case was featured as one of The Lawyer’s Top 20 cases of 2020 (led by Robert Weekes KC)

Acted for the respondent in a leading case in the law of contempt. Ocado made an application to commit a solicitor for contempt of court in respect of an instruction given by the respondent to delete a messaging app, following the service of a search order. The committal application was heard at a 6-day trial in June and July 2022. The case has involved important decisions in relation to the test for permission to bring an application for committal, the right to cross-examine witnesses in committal proceedings, the elements of contempt for interference with the administration of justice and the applicable sanctions for such contempt. The case has attracted considerable coverage in the national and legal press over the previous three years (led by Robert Weekes KC)

Acted for the successful Applicants in obtaining an ex parte freezing injunction on behalf of the Government of Mongolia against the former Prime Minister of Mongolia, Batbold Sukhbaatar, in support of Mongolian proceedings concerning corruption and bribery relating to the State of Mongolia’s mining assets (led by Steven Elliott KC)

Acted for the Claimant in obtaining a US$345 million freezing injunction in support of US proceedings involving the alleged theft of trade secrets against the Respondents. Appeal concerned the test for admissibility of without prejudice statements pursuant to the “unambiguous impropriety” exception (led by Tom Sprange KC) 

Acted for the largest group of investors in multi-million pound fraud claims against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions by HMRC as to the correct tax treatment of those schemes, and in various interlocutory applications and an appeal concerning security for costs (with Andrew Hunter KC, Sam Grodzinski KC and Tom Cleaver) 

Advising the Claimant in a US$35 million claim for fraudulent misrepresentation, breach of fiduciary duty and breach of contract, arising out of an arrangement to acquire and/or invest in valuable works of art. The case settled a week after trial (as sole English counsel, assisting Jersey advocates)

Acted for the Applicants in an application for an anti-suit injunction and other related measures before the LCIA Tribunal to prevent the commencement of foreign proceedings (led by Tom Sprange KC)

Acted as sole counsel for the Second and Third Defendants in a £38 million claim arising out of a joint venture for the purchase of a freehold interest in London commercial property, involving claims of fraudulent misrepresentation and unlawful means conspiracy. Successfully resisted an application for default judgment, raising issues of service out of the jurisdiction in the Isle of Man and Switzerland

Acted for the Claimant in a claim arising out of joint venture for development of residential property in South East London, involving claims in breach of trust, dishonest assistance and inducing breach of contract. Successfully obtained a substantial proprietary freezing injunction against all the Defendants following a contested one-day application (led by Robert Weekes KC)

Acting for the Claimant in a claim challenging the Lord Chancellor’s failure to implement certain recommendations of Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid regarding the provision of criminal legal aid (led by Tom de la Mare KC)

Acting for the Claimant in claims concerning the arrangements for the provision of State security. An appeal is listed to be heard in April 2025 (led by Shaheed Fatima KC) 

Acted for Freedom from Torture in challenge to the UK Government’s refugee pushback policy on the basis that it was ultra vires and incompatible with the 1951 Refugee Convention and Articles 3 and 4 ECHR, involving applications for disclosure and public interest immunity before the Divisional Court (acting as sole counsel). The Government withdrew the policy shortly before the hearing listed in May 2022 (with Raza Husain KC and Jason Pobjoy)

Acting for Friends of the Earth in a claim concerning the compatibility of the Government’s decision to provide up to USD 1.15 billion in export finance and support in relation to a liquefied natural gas project in Mozambique (with Jessica Simor KC, Zachary Douglas KC and Kate Cook)

Acted as sole counsel for the Defendant in successfully resisting a renewed application for permission to bring judicial review proceedings against a decision to split the county of Cumbria into two unitary councils 

Acted for the Claimant in a successful claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat (with Tom de la Mare KC and Jason Pobjoy)

Acted for Christie Elan-Cane in a judicial review concerning the legality of the UK Government’s policy of refusing to issue non-gender-specific “X” passports to UK nationals (with Kate Gallafent KC and Tom Mountford)

Acted for the Motor Insurance Bureau and insurers in a claim arising out of the Government’s protracted failure properly to implement Motor Insurance Directive, as interpreted by Case C-162/13 Vnuk v Zavarovalnica Triglav d.d. [2016] RTR 10. The case settled after the Motor Vehicles (Compulsory Insurance) Act 2022 received Royal Assent (with Tom de la Mare KC and Jason Pobjoy)

Acting for the Claimants in a claim concerning (i) serious defects in two of MI5’s systems for holding data; (ii) MI5’s failure to disclose (fully and frankly) the absence of safeguards for holding data to SSHD and Judicial Commissioners when applying for warrants and directions that permit MI5 to carry out secret surveillance; and (iii) SSHD’s failure to investigate these matters when informed of certain “risks”, in the context of deciding whether to issue such warrants. The claim was heard at a 5-day trial in July 2022 (with Tom de la Mare KC, Ben Jaffey KC, Daniel Cashman and David Heaton)

Acted for the Claimants in claim challenging the lawfulness of an amendment to social security rules preventing reliance upon leave to remain arising from “pre-settled status” to meet the qualifying residence tests which are a condition of entitlement to Universal Credit (with Tom de la Mare KC and Tom Royston) 

Acted for CG in a request for a preliminary ruling concerning whether Northern Irish legislation preventing reliance upon leave to remain arising from “pre-settled status” to meet the qualifying residence tests for entitlement to Universal Credit were contrary to Article 18 TFEU (with Richard Drabble KC, Tom de la Mare KC and Tom Royston)

Acting for the Runnymede Trust, OBV and Voices4Change (intervening) in an appeal concerning the imposition of compulsory identification requirements for prospective voters in local government elections, which has been the subject of “voter ID” pilot schemes purportedly authorised under s.10 of the Representation of the People Act 2000 (led by Matthew Ryder KC)

Acted for the Claimant in a claim concerning the lawfulness of the Secretary of State’s policy on the circumstances in which a potential victim of trafficking has given consent to withdraw from the NRM and the jurisdiction of the Secretary of State to impose bail conditions following the grant of High Court bail. Successfully obtained interim relief before the High Court on two occasions (led by Chris Buttler KC) 

Acted for UNHCR (intervening) an appeal concerning the relationship between international refugee law and the Convention on the Civil Aspects of International Child Abduction (led by Raza Husain KC)

Acted as sole counsel for Ofgem before the Enforcement Decision Panel in successfully resisting an appeal against its decision to impose a financial penalty on Symbio Energy Limited pursuant to s.27A of the Electricity Act 1989

Acting for Applicant companies and individuals in an application to the European Court of Human Rights for breaches of Article 6, Article 1 of Protocol No. 1 and Article 18 by the Russian Federation (with Shaheed Fatima KC and Paul Luckhurst)

Acted for the successful Respondent, Mrs Villiers, in an appeal concerning an application for maintenance under s.27 of the Matrimonial Causes Act 1973, raising issues of whether the Civil Jurisdiction and Judgments (Maintenance) Regulation 2011 is ultra vires s.2(2)(b) of the European Communities Act 1972 and whether the court has the power to grant a stay of a maintenance application on grounds of forum non conveniens (with Timothy Scott KC and Alexis Campbell KC) 

Acted for the3million in a judicial review concerning the legality of the Government’s conduct during the 2019 European Parliamentary Elections (led by Gerry Facenna KC)

Acted for 10 Human Rights NGOs (including Liberty, Privacy International and Amnesty International) in a reference to the Grand Chamber of the European Court of Human Rights challenging the UK’s legislation governing the surveillance of communications and the UK-USA intelligence sharing regime, following the disclosures by Edward Snowden (led by Ben Jaffey KC) 

Acted for Privacy International in an appeal concerning whether the ouster clause in s.67(8) RIPA 2000 excluded all judicial review of the Investigatory Powers Tribunal (led by Dinah Rose KC, Jeffrey Jowell KC, Ben Jaffey KC and Tom Cleaver) 

Advising the Claimant in a judicial review concerning proposed amendments to the Fugitive Offenders Ordinance (Cap. 503), which repealed the express prohibition against extradition to Mainland China, Taiwan and Macau preserved by the “One Country, Two Systems” constitutional settlement for Hong Kong (with Lord Pannick KC and Tim Parker)

Acted for Natural England in a judicial review of the decision to issue supplementary badger control licences, concerning the assessment of ecological risks under regulation 61 of the Habitats Regulations and the effect of the CJEU’s decision in Case 323/17 People Over Wind v Coillte Teoranta (led by Paul Luckhurst)

Acted for Natural England in a judicial review of the decision to issue badger control licences, concerning the proper interpretation of a Site of Special Scientific Interest (SSSI) citation (led by Paul Luckhurst)

Acted for UNHCR (intervening) in an appeal concerning the compatibility of the country guidance in MN (Ahmadis: Country Conditions: Risk: Pakistan) [2012] UKUT 389 (IAC) with the principle in HJ (Iran) v SSHD [2010] UKSC 31, and the responsibility of tribunals to apply that principle to their factual findings, irrespective of the positive case advanced by the applicant (with Michael Fordham KC and Shane Sibbel)

Acting for the Proposed Defendants collective action proceedings in relation to allegations concerning the system for selling games and add-on content on the PlayStation Store. The claim is alleged to have caused losses in the region of £5 billion (with Daniel Beard KC and Charlotte Thomas)

Acting for the Proposed Defendants in £850 million proposed collective action proceedings in relation to allegations concerning the technical performance of certain iPhone models and operating systems (with Lord Wolfson KC and Daniel Piccinin KC)

Acting for the Proposed Defendants in £850 million proposed collective action proceedings in relation to allegations concerning the technical performance of certain iPhone models and operating systems (with Lord Wolfson KC and Daniel Piccinin KC)

Acting for the Proposed Defendants collective action proceedings in relation to allegations concerning the system for selling games and add-on content on the PlayStation Store. The claim is alleged to have caused losses in the region of £5 billion (with Daniel Beard KC and Charlotte Thomas)

Acted for the largest group of investors in multi-million pound fraud claims against the promoters of the ‘Ingenious Group’ film and video game investment schemes and other intermediaries who recommended the schemes, following decisions by HMRC as to the correct tax treatment of those schemes, and in various interlocutory applications and an appeal concerning security for costs (with Andrew Hunter KC, Sam Grodzinski KC and Tom Cleaver) 

Acted for the successful Appellant, Morrisons, in a case arising out of the disclosure of payroll data of 100,000 employees on to the Internet by a rogue employee. The appeal concerned whether: (i) Morrisons is vicariously liable at common law for the disclosure; and (ii) if so, whether such liability is excluded by the Data Protection Act 1998 (led by Lord Pannick KC)

Acting for News International in ongoing managed litigation brought by celebrities and other prominent individuals alleging breach of privacy rights by “phone hacking”

Acted for the Claimants in claim challenging the lawfulness of an amendment to social security rules preventing reliance upon leave to remain arising from “pre-settled status” to meet the qualifying residence tests which are a condition of entitlement to Universal Credit (with Tom de la Mare KC and Tom Royston) 

Acted for CG in a request for a preliminary ruling concerning whether Northern Irish legislation preventing reliance upon leave to remain arising from “pre-settled status” to meet the qualifying residence tests for entitlement to Universal Credit were contrary to Article 18 TFEU (with Richard Drabble KC, Tom de la Mare KC and Tom Royston)

Acted for the3million in a judicial review concerning the legality of the Government’s conduct during the 2019 European Parliamentary Elections (led by Gerry Facenna KC)

Acted for Anti-Slavery International (intervening) in an appeal concerning the appropriate standard of proof for identifying and protecting victims of trafficking and whether the “balance of probabilities” threshold is consistent with Article 4 ECHR and Article 5 of the EU Charter of Fundamental Rights to protect persons within its jurisdiction from being subjected to modern slavery or human trafficking (led by Tom de la Mare KC and Jason Pobjoy)

Acted for the successful Respondent, Mrs Villiers, in an appeal concerning an application for maintenance under s.27 of the Matrimonial Causes Act 1973, raising issues of whether the Civil Jurisdiction and Judgments (Maintenance) Regulation 2011 is ultra vires s.2(2)(b) of the European Communities Act 1972 and whether the court has the power to grant a stay of a maintenance application on grounds of forum non conveniens (with Timothy Scott KC and Alexis Campbell KC) 

Acted for Natural England in a judicial review of the decision to issue supplementary badger control licences, concerning the assessment of ecological risks under regulation 61 of the Habitats Regulations and the effect of the CJEU’s decision in Case 323/17 People Over Wind v Coillte Teoranta (led by Paul Luckhurst)

Acted for Natural England in a judicial review of the decision to issue badger control licences, concerning the proper interpretation of a Site of Special Scientific Interest (SSSI) citation (led by Paul Luckhurst)

Acted for Freedom from Torture in challenge to the UK Government’s refugee pushback policy on the basis that it was ultra vires and incompatible with the 1951 Refugee Convention and Articles 3 and 4 ECHR, involving applications for disclosure and public interest immunity before the Divisional Court (acting as sole counsel). The Government withdrew the policy shortly before the hearing listed in May 2022 (with Raza Husain KC and Jason Pobjoy)

Acted for the Claimant in a successful claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat (with Tom de la Mare KC and Jason Pobjoy)

Acted for the Applicants in a claim concerning whether the interception of the Applicants' communications and/or related communications data falls within the UK’s jurisdiction for the purposes of Article 1 of the Convention (led by Ben Jaffey KC and David Heaton)

Acted for the Claimant in a claim concerning the lawfulness of the Secretary of State’s policy on the circumstances in which a potential victim of trafficking has given consent to withdraw from the NRM and the jurisdiction of the Secretary of State to impose bail conditions following the grant of High Court bail. Successfully obtained interim relief before the High Court on two occasions (led by Chris Buttler KC) 

Acting for the Claimants in a claim concerning (i) serious defects in two of MI5’s systems for holding data; (ii) MI5’s failure to disclose (fully and frankly) the absence of safeguards for holding data to SSHD and Judicial Commissioners when applying for warrants and directions that permit MI5 to carry out secret surveillance; and (iii) SSHD’s failure to investigate these matters when informed of certain “risks”, in the context of deciding whether to issue such warrants. The claim was heard at a 5-day trial in July 2022 (with Tom de la Mare KC, Ben Jaffey KC, Daniel Cashman and David Heaton)

Acted for 10 Human Rights NGOs (including Liberty, Privacy International and Amnesty International) in a reference to the Grand Chamber of the European Court of Human Rights challenging the UK’s legislation governing the surveillance of communications and the UK-USA intelligence sharing regime, following the disclosures by Edward Snowden (led by Ben Jaffey KC) 

Acted for Christie Elan-Cane in a judicial review concerning the legality of the UK Government’s policy of refusing to issue non-gender-specific “X” passports to UK nationals (with Kate Gallafent KC and Tom Mountford)

Acted for UNHCR (intervening) an appeal concerning the relationship between international refugee law and the Convention on the Civil Aspects of International Child Abduction (led by Raza Husain KC)

Acted for the Claimants in claim challenging the lawfulness of an amendment to social security rules preventing reliance upon leave to remain arising from “pre-settled status” to meet the qualifying residence tests which are a condition of entitlement to Universal Credit (with Tom de la Mare KC and Tom Royston) 

Acted for the3million in a judicial review concerning the legality of the Government’s conduct during the 2019 European Parliamentary Elections (led by Gerry Facenna KC)

Acting for Applicant companies and individuals in an application to the European Court of Human Rights for breaches of Article 6, Article 1 of Protocol No. 1 and Article 18 by the Russian Federation (with Shaheed Fatima KC and Paul Luckhurst)

Acted for Anti-Slavery International (intervening) in an appeal concerning the appropriate standard of proof for identifying and protecting victims of trafficking and whether the “balance of probabilities” threshold is consistent with Article 4 ECHR and Article 5 of the EU Charter of Fundamental Rights to protect persons within its jurisdiction from being subjected to modern slavery or human trafficking (led by Tom de la Mare KC and Jason Pobjoy)

Advising the Claimant in a judicial review concerning proposed amendments to the Fugitive Offenders Ordinance (Cap. 503), which repealed the express prohibition against extradition to Mainland China, Taiwan and Macau preserved by the “One Country, Two Systems” constitutional settlement for Hong Kong (with Lord Pannick KC and Tim Parker)

Acted for UNHCR (intervening) in an appeal concerning the compatibility of the country guidance in MN (Ahmadis: Country Conditions: Risk: Pakistan) [2012] UKUT 389 (IAC) with the principle in HJ (Iran) v SSHD [2010] UKSC 31, and the responsibility of tribunals to apply that principle to their factual findings, irrespective of the positive case advanced by the applicant (with Michael Fordham KC and Shane Sibbel)

Acting for the intervener, ClientEarth, in a high profile dispute concerning systematic environmental pollution in the South of Italy. The cases raises significant issues concerning the standing of individuals and organisations not resident in an area directly affected by pollution and the positive obligations of States proactively to address such pollution (led by Ravi Mehta)

Acted for the Applicants in a claim concerning whether the interception of the Applicants' communications and/or related communications data falls within the UK’s jurisdiction for the purposes of Article 1 of the Convention (led by Ben Jaffey KC and David Heaton)

Acting for News International in ongoing managed litigation brought by celebrities and other prominent individuals alleging breach of privacy rights by “phone hacking”

Acted for the Claimant in a successful claim challenging the Defendant’s operation of a blanket policy to seize, retain and extract data from the mobile phones of migrants arriving by small boat (with Tom de la Mare KC and Jason Pobjoy)

Acting for the Claimants in a claim concerning (i) serious defects in two of MI5’s systems for holding data; (ii) MI5’s failure to disclose (fully and frankly) the absence of safeguards for holding data to SSHD and Judicial Commissioners when applying for warrants and directions that permit MI5 to carry out secret surveillance; and (iii) SSHD’s failure to investigate these matters when informed of certain “risks”, in the context of deciding whether to issue such warrants. The claim was heard at a 5-day trial in July 2022 (with Tom de la Mare KC, Ben Jaffey KC, Daniel Cashman and David Heaton)

Acted for 10 Human Rights NGOs (including Liberty, Privacy International and Amnesty International) in a reference to the Grand Chamber of the European Court of Human Rights challenging the UK’s legislation governing the surveillance of communications and the UK-USA intelligence sharing regime, following the disclosures by Edward Snowden (led by Ben Jaffey KC) 

Acted for the successful Appellant, Morrisons, in a case arising out of the disclosure of payroll data of 100,000 employees on to the Internet by a rogue employee. The appeal concerned whether: (i) Morrisons is vicariously liable at common law for the disclosure; and (ii) if so, whether such liability is excluded by the Data Protection Act 1998 (led by Lord Pannick KC)

Acted for Open Rights Group in a successful challenge concerning the Secretary of State’s failure to conduct a DPIA prior to the deployment of NHS Test & Trace (led by Matthew Ryder KC) 

Advising Open Society Foundations on the legal framework on the right to privacy and protection of personal data applying to the smartphone contact tracing and other data driven proposals that were part of the Government’s response to the COVID-19 pandemic. A copy of the opinion is available here.

Advising technology company in relation to a proposed challenge to controversial legislation introduced by a foreign State to address the spread of fake news or false information (led by Timothy Otty KC)

Acted for Privacy International in an appeal concerning whether the ouster clause in s.67(8) RIPA 2000 excluded all judicial review of the Investigatory Powers Tribunal (led by Dinah Rose KC, Jeffrey Jowell KC, Ben Jaffey KC and Tom Cleaver) 

Acted as sole counsel in claim for a mandatory anti-suit injunction arising out of a pledge agreement between the parties which contained a provision for LCIA arbitration

Acted for a company in an ad hoc arbitration concerning the proper construction of a joint venture agreement following the exit of one of the shareholders from the joint venture (led by Andrew Green KC)

Acting for the award creditors in an application to enforce an ICSID award of US$300m+ (led by Andrew Scott KC) 

Acted for the successful arbitrator in resisting the claimant’s application for costs in relation to an application to remove the arbitrator under s.24 of the Arbitration Act 1996 (led by Tom Sprange KC) 

Acted for the Applicants in an application for an anti-suit injunction and other related measures before the LCIA Tribunal to prevent the commencement of foreign proceedings (led by Tom Sprange KC)

Acted for the Stati parties in a complex multi-jurisdictional commercial dispute concerning the enforcement of an outstanding $500m Swedish arbitration award. The claim arose out of the freezing of the US$22 billion of assets held by BNYM’s London branch as custodian for NBK in response to garnishment orders obtained by creditors of the Republic of Kazakhstan in Belgian and the Netherlands. The case was featured as one of The Lawyer’s Top 20 cases of 2020. The two-week trial before Teare J in March 2020 was the first fully remote trial to be heard in the Commercial Court during the COVID-19 pandemic (led by Tom Sprange KC)

Acting for Friends of the Earth in a claim concerning the compatibility of the Government’s decision to provide up to USD 1.15 billion in export finance and support in relation to a liquefied natural gas project in Mozambique (with Jessica Simor KC, Zachary Douglas KC and Kate Cook)

Acting for the intervener, ClientEarth, in a high profile dispute concerning systematic environmental pollution in the South of Italy. The cases raises significant issues concerning the standing of individuals and organisations not resident in an area directly affected by pollution and the positive obligations of States proactively to address such pollution (led by Ravi Mehta)

Acted for Natural England in a judicial review of the decision to issue supplementary badger control licences, concerning the assessment of ecological risks under regulation 61 of the Habitats Regulations and the effect of the CJEU’s decision in Case 323/17 People Over Wind v Coillte Teoranta (led by Paul Luckhurst)

Acted for Natural England in a judicial review of the decision to issue badger control licences, concerning the proper interpretation of a Site of Special Scientific Interest (SSSI) citation (led by Paul Luckhurst)