Sean Butler

Acting for Pfizer (led by Michael Bloch KC) as part of patent infringement and revocation proceedings pertaining to Pfizer/BioNTech’s COVID-19 mRNA vaccine, Comirnaty. One issue concerns the meaning and legal effect of Moderna's public pledge not to enforce its intellectual property rights in relation to its COVID-19 mRNA vaccine technology and, in particular, whether that pledge took effect as a unilateral contract. Richards J held that Moderna's pledge constituted non-contractual consent for the period from 8 October 2020 until 7 March 2022. His judgment can be found here.

Acted for the lessee at a CMC and mediation in relation to its claims for damages for trespass and breach of covenant by the defendant landlord (with Ian Mill QC).

Instructed in relation to a successful strike out of a claim worth approximately £1m.

Instructed by the claimant in relation to a professional negligence claim against his former accountant and tax adviser (ongoing).

Assisted Victoria Windle with a successful application for a freezing order and Norwich Pharmacal Order arising out of an investment fraud and with preparing the underlying claim. The case involves issues of breach of fiduciary duty, dishonest assistance and conspiracy, and also issues relating to insolvency, default judgment and enforcement. 

Multi-jurisdictional fraud claim, against 17 separate defendants, for damages of more than $1 billion. The substantive claim raises issue of limitation, characterisation of loss and conflict of laws, as well as structural and procedural issues arising from the large number of defendants. Assisted Victoria Windle with a complex three-day CMC involving jurisdictional challenges, disclosure and case-management issues. 

Acting for a Defendant contesting the jurisdiction of the English courts on the ground of forum non conveniens (assisted Victoria Windle).

Claim involving conspiracy and self-dealing by fiduciaries, and issues of governing law and jurisdiction under the Recast Brussels Regulation (assisted Victoria Windle).

Application for a Norwich Pharmacal Order in a case concerning fraudulently procured payments (assisted Victoria Windle).

Advised in relation to the formalities required to execute a settlement agreement as a deed under a foreign power of attorney (assisted Jason Pobjoy).

Acting for the Claimants (with Anthony Peto KC and Mark Vinall) in a complex construction and mortgage fraud claim. Judgment awaited following an 8 week trial in the Chancery Division.

Advised on the prospects of obtaining an injunction against disruptive protestors (with Alan Maclean QC).

Assisted Victoria Windle with a successful application for a freezing order and Norwich Pharmacal Order arising out of an investment fraud and with preparing the underlying claim. The case involves issues of breach of fiduciary duty, dishonest assistance and conspiracy, and also issues relating to insolvency, default judgment and enforcement. 

Multi-jurisdictional fraud claim, against 17 separate defendants, for damages of more than $1 billion. The substantive claim raises issue of limitation, characterisation of loss and conflict of laws, as well as structural and procedural issues arising from the large number of defendants. Assisted Victoria Windle with a complex three-day CMC involving jurisdictional challenges, disclosure and case-management issues. 

Acting for a Defendant contesting the jurisdiction of the English courts on the ground of forum non conveniens (assisted Victoria Windle).

Claim involving conspiracy and self-dealing by fiduciaries, and issues of governing law and jurisdiction under the Recast Brussels Regulation (assisted Victoria Windle).

Application for a Norwich Pharmacal Order in a case concerning fraudulently procured payments (assisted Victoria Windle).

Acting for SSEN-T (the Sixth Interested Party) in WWU's judicial review of the CMA's determination of various gas/electricity distribution network operators' appeals against GEMA's RIIO-2 price control decision (led by Monica Carss-Frisk KC). Successfully defended SSEN-T from the CMA's application for an order that it is not an interested party within the meaning of CPR 54.1(2)(f) and/or striking out its detailed grounds in support of WWU's claim. The judgement is available here.

Acting for the administrators of Bulb in a judicial review challenge brought by rival energy companies against the Secretary of State's decision to approve Octopus's acquisition of Bulb out of administration (led by Tom Hickman KC).

Following a rolled-up hearing, the Divisional Court refused permission on the ground of undue delay and indicated that in any event it would have rejected all of the Claimants' arguments on their merits: see the judgment here and the Court of Appeal judgment here.

The proceedings raised arguments including on conventional public law grounds of irrationality and procedural unfairness, as well as alleging that the Secretary of State has acted unlawfully under the subsidy control principles in the EU-UK Trade and Cooperation Agreement.

Advised a Government department on the effect of certain statutory provisions relating to the appointment and tenure of a commissioner (with Jason Pobjoy).

Advised on the prospects of a successful judicial review against a price control decision by Ofgem (with  Brian Kennelly QC and Hanif Mussa).

Advised in relation to a decision by Ofgem regarding FIT accreditation of solar sites, and on the proper interpretation of the commercial contracts governing the financing and construction of the relevant sites (with Tom Hickman QC).

Advised in relation to a potential challenge to Ofcom’s decision to refuse to vary a spectrum licence (with Brian Kennelly QC).

Judicial review against the Prime Minister’s decision that there had been no breach of the Ministerial Code by the Home Secretary. The case concerns whether the courts may interpret the provisions of the Ministerial Code and, if so, whether the Prime Minister has misdirected himself as to the meaning of the Code (assisted Jason Pobjoy).

Case concerning the state’s duty to provide consular assistance to an individual detained abroad (assisted Jason Pobjoy).

Judicial review of the Secretary of State’s policy of seizing all phones from migrants arriving in the UK by small boat (assisted Jason Pobjoy).

Defending a judicial review seeking to challenge the modification of the Government's approach to licensing the supplementary culling of badgers in the Next Steps for the Strategy for Achieving Bovine Tuberculosis Free Status for England (assisted Hanif Mussa).

A claim for judicial review concerning the lawfulness of the withdrawal of regulatory accreditation granted to a solar photovoltaic generating station, which enabled the station to claim renewable obligation certificates (assisted Hanif Mussa).

Advised on the Secretary of State’s powers and duties in relation to a fund in which the Government had invested (assisted Hanif Mussa).

Successfully represented the Secretary of State in the first case to consider the extraterritorial application of the European Convention on Human Rights in relation to sanctions decisions under the post-Brexit regime (with Jason Pobjoy and Rayan Fakhoury).

Advising a company in relation to the effect of sanctions imposed on certain of its ultimate beneficial shareholders (with Brian Kennelly QC and Jason Pobjoy).

Acting for the claimant automotive manufacturers in their circa €700m claim for losses caused by a cartel amongst manufacturers of occupant safety system components.

Acting for the Defendants in a claim brought by over 1,500 individual claimants in relation to an alleged cartel amongst orange juice processors in Brazil.

Acting for the Claimants in their claim against manufacturers of occupant safety system components. The Court of Appeal held that co-defendants from different undertakings in a cartel damages claim have no right to independent experts in economics, even if there is a conflict of interest between them. The Court of Appeal's judgment in the UK Trucks Claim [2023] EWCA Civ 875 was not authority for the contrary proposition.

The full judgment can be found here.

Acting for VW in its claim against providers of "Roll-on, Roll-off" ("RoRo") services for the transportation of motor vehicles.

Acting for a former employer in relation to an unlawful team move and competition in breach of restrictive covenants and directors’ duties (with Tom Croxford QC, ongoing).

Acted for the successful claimant at a 2-day final hearing of his claim that he had unfairly been made redundant.

Assisted Diya Sen Gupta QC with a trial concerning alleged dismissal of an employee for protected disclosures and unfair dismissal.

Assisted Diya Sen Gupta QC with a case concerning an alleged breach of restrictive covenants, equitable duties of confidence, conspiracy and inducing breach of contract.

Advised in relation to the court’s likely approach to interpreting and enforcing standard non-competition and confidentiality clauses (assisted Diya Sen Gupta QC).

Assisted Diya Sen Gupta QC with a case concerning, among other things, employee status under the Equality Act 2010.

Acted for the defendant Club (led by Nick De Marco KC) in its appeal to the CAS against the determination of the FIFA Dispute Resolution Chamber. The appeal concerned both the jurisdiction of the FIFA DRC to consider the dispute in circumstances where the Player's appeal against a termination decision lay to the EFL PRDC, and whether the Club had had just cause to terminate the Player's contract.

Acted for Cardiff City FC (led by Nick De Marco KC) in a disciplinary appeal against the EFL leading to an Agreed Decision reducing a fee restriction on Cardiff’s ability to pay fees on football transfers and loans from 3 transfer windows to 2 transfer windows, inclusive of the January 2023 winter transfer window. The case related to Cardiff’s breach of the ‘30-day rule’ after it paid an initial payment to Nantes FC for the transfer of Emiliano Sala.

Advising and representing a bank in relation to a warning notice issued by the FCA (with Javan Herberg QC).

On 17 December 2021, the FCA announced that it had fined HSBC Bank plc just under £64 million for failings in its anti-money laundering processes. The fine concerned weaknesses that were said to be present in HSBC’s legacy transaction monitoring systems over an eight year period from March 2010.

Javan Herberg, Simon Pritchard and Sean Butler advised HSBC in relation to this matter. 

Advised in relation to the FCA’s intention to make a prohibition order against a person exercising controlled functions, and possible defences (assisted Simon Pritchard).

Advised in relation to the scope of the jurisdiction of the Financial Ombudsman Service to hear complaints (assisted Hanif Mussa).

Advised on the prospects of obtaining an injunction against disruptive protestors (with Alan Maclean QC).

Appeal to the Supreme Court concerning whether Article 2/3 ECHR impose a duty on public authorities to investigate deaths occurring before the commencement date of the Human Rights Act 1998 and, if so, whether the duty had been breached in relation to deaths in Northern Ireland (assisted Sir James Eadie QC and Jason Pobjoy).

Case in the European Court of Human Rights concerning whether the difference in release date between prisoners serving extended determinate sentences and other prisoners breaches Article 14 of the European Convention on Human Rights (assisted Jason Pobjoy).

Case concerning whether the policy for listing hearings breached Article 14 read with Article 5 ECHR (assisted Hanif Mussa).

Case concerning whether the provision made to assist blind voters in polling stations breached Article 14 ECHR, and the scope of s.6(6) of the Human Rights Act 1998 (assisted Hanif Mussa).