Will Bordell

Acted for the Claimants in their successful challenges to the Home Secretary's policy and decisions to send certain asylum-seekers to Rwanda (with Raza Husain KC, Phillippa Kaufmann KC, Sam Grodzinski KC, Christopher Knight, Paul Luckhurst, Jason Pobjoy and others). The challenge involved complex issues of public law, immigration law, human rights law and refugee/asylum law. All of the decisions by which the Home Secretary proposed to remove the individual Claimants to Rwanda were held to be unlawful and were quashed at first instance. The Claimants then succeeded in the Court of Appeal and the Supreme Court in challenging the Rwanda policy as a whole: both courts decided that the Claimants' Article 3 EHCR challenge succeeded on the basis that there were substantial grounds to believe that there would be a real risk of them suffering Article 3 harm (in the form of refoulement) if removed to Rwanda.

At the start of the litigation, this case also involved urgent applications for interim relief to prevent eight individuals from being removed to Rwanda on the first planned flight on 14 June 2022. The High Court and Court of Appeal refused interim relief, and the Supreme Court refused permission to appeal, but a rule 39 application to the European Court of Human Rights succeeded and ultimately precipitated the cancellation of the flight.

Acting for the energy company Octopus in expedited judicial review challenges brought by rival energy companies against the Secretary of State's decision to approve Octopus's acquisition of Bulb out of administration (with Lord Pannick 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. 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.

Acted for the Secretary of State for Justice in the first ever case in which the power to terminate the membership of a Parole Board member was exercised (with Mark Vinall).

In dismissing the claim, Mr Justice Kerr found that the Claimant’s handling of the release decision which had led to the termination of her membership did not fall within the scope of the protection accorded to judicial acts done in good faith. Instead, it fell into the category of a failure to act judicially, applying the distinction set out in Durity v AG of Trinidad and Tobago [2008] UKPC 59. The panel’s findings were clear findings of misconduct and gross negligence, on the basis that the Claimant had not read the papers or prepared the case properly before directing release. Termination of the Claimant’s membership in that context did not represent an interference with judicial independence and was not unreasonable.

The full judgment can be found here.

Acted for the General Secretary of the Labour Party, seeking an order requiring the Electoral Commission to approve amended party description on ballot papers in time for the 2021 Scottish Parliamentary elections (with Fraser Campbell). This judicial review raised several issues under the Political Parties, Elections and Referendums Act 2000, and involved breach of statutory duty and unlawful fettering of discretion challenges.

Advising and acting for the BBC on media, regulatory and public law issues, including First-tier Tribunal proceedings under the Freedom of Information Act 2000, the BBC Charter, the Communications Act 2003, and matters relating to the imposition and enforcement of the BBC licence fee (with Jason Pobjoy and unled).

Advising and acting for NGET and NGG in statutory appeals to the CMA against GEMA's decision to impose licence conditions reflecting its RIIO-2 price controls (with Brian Kennelly QC and Hanif Mussa).

Advised on a potential judicial review of a local Council's decision to submit a planning application for the construction of a new Gypsy, Roma and Traveller transit site (with Fraser Campbell). This matter raised complex political and legal issues pertaining to the Council's decision-making processes.

Assisted with acting for respondent in successfully resisting an appeal to the Court of Appeal on whether the government was permitted to use voter identification requirements at the local government elections in May 2019 (assisting Hanif Mussa).

Divisional Court case concerning whether the statutory regime for imposing notification requirements on sexual offenders is compatible with human rights under Article 8 ECHR (assisting Hanif Mussa).

Advising a Government department on how best to respond to various subject access requests relating to prominent individuals, raising issues under the Data Protection Act 2018 (unled and with Jason Pobjoy).

Advised a London trading venue regarding certain public, regulatory and company law matters pertaining to an ongoing consultation related to a proposed major change in its manner of operating (with Javan Herberg QC).

Advised the PSA on matters relating to its new Code of Practice (with Ravi Mehta and Ajay Ratan). This involved helping to advise on issues arising from the Communications Act 2003 as well as to draft sections of the Code.

Assisted in defending early stages of judicial review/human rights challenge to provisions made by the government to assist blind and partially sighted voters at the 2019 general election (assisting Hanif Mussa).

Acted for the Claimants in their successful challenges to the Home Secretary's policy and decisions to send certain asylum-seekers to Rwanda (with Raza Husain KC, Phillippa Kaufmann KC, Sam Grodzinski KC, Christopher Knight, Paul Luckhurst, Jason Pobjoy and others). The challenge involved complex issues of public law, immigration law, human rights law and refugee/asylum law. All of the decisions by which the Home Secretary proposed to remove the individual Claimants to Rwanda were held to be unlawful and were quashed at first instance. The Claimants then succeeded in the Court of Appeal and the Supreme Court in challenging the Rwanda policy as a whole: both courts decided that the Claimants' Article 3 EHCR challenge succeeded on the basis that there were substantial grounds to believe that there would be a real risk of them suffering Article 3 harm (in the form of refoulement) if removed to Rwanda.

At the start of the litigation, this case also involved urgent applications for interim relief to prevent eight individuals from being removed to Rwanda on the first planned flight on 14 June 2022. The High Court and Court of Appeal refused interim relief, and the Supreme Court refused permission to appeal, but a rule 39 application to the European Court of Human Rights succeeded and ultimately precipitated the cancellation of the flight.

Assisted with acting for respondent in successfully resisting an appeal to the Court of Appeal on whether the government was permitted to use voter identification requirements at the local government elections in May 2019 (assisting Hanif Mussa).

Divisional Court case concerning whether the statutory regime for imposing notification requirements on sexual offenders is compatible with human rights under Article 8 ECHR (assisting Hanif Mussa).

Assisted in defending early stages of judicial review/human rights challenge to provisions made by the government to assist blind and partially sighted voters at the 2019 general election (assisting Hanif Mussa).

Advised on trespass and human rights implications of allowing a TV documentary crew to conduct tag-along filming with police officers (unled). This raised issues under Article 8 ECHR and the Human Rights Act 1998, as well as contractual issues based on a proposed draft filming contract.

Appeal against a decision refusing appellant’s entry into the UK on human rights and family reunion grounds (assisting Diya Sen Gupta QC and Jason Pobjoy).

Acting (with Michael Bloch KC and Sean Butler) for Pfizer in relation to the 'Pledge Issues' in patent infringement and revocation proceedings pertaining to Pfizer/BioNTech’s COVID-19 mRNA vaccine, Comirnaty. The case concerns the legal meaning and significance of Moderna's public pledge not to enforce its intellectual property rights in relation to its COVID-19 mRNA vaccine technology while the pandemic continued, and whether that pledge constituted a unilateral contract, a US federal law waiver, or simple non-contractual consent within the meaning of s.60 of the Patents Act 1977. 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 Commercial Bank of Dubai and other Claimants against members of a wealthy Emirati family and companies alleged to be owned or controlled by them in respect of claims to enforce a foreign judgment and other economic torts. Obtained summary judgment on the enforcement claim and dealt with issues relating to an application for committal of the Defendants for contempt of court (with Anthony Peto KC).

Acting for Claimants seeking an account of profits at the quantum stage of a dispute concerning the management of the estate of the deceased Georgian billionaire Arkadi Patarkatsishvili (with Shaheed Fatima QC, Tom Cleaver and Marlena Valles). The Phase II trial took place for just over six weeks between October and December 2021. The Commercial Court ordered the Defendants to account for over $100m: its judgment can be found here. Both parties' appeals to the Court of Appeal (with Tom Weisselberg KC, Tom Cleaver and Marlena Valles) were unsuccessful but clarified some important principles in accounts of profits cases.

Acted for respondent in a £100m claim for unfair prejudice in relation to a major pharmaceutical import and distribution business (with Fraser Campbell).

Assisted in early stages of unlawful means conspiracy claim concerning the nationalisation of a Ukrainian bank, dealing with jurisdiction and state immunity issues (assisting Andrew Scott). The claim was ultimately summarily dismissed on grounds of state immunity, foreign act of state, and as having no real prospect of success.

Assisted Andrew Green QC and Fraser Campbell acting for AXA, the successful party at the liability trial of a breach of contract claim for over £260 million in losses arising from historic PPI mis-selling by two of Genworth’s subsidiary insurance businesses. 

Advised a London trading venue regarding certain public, regulatory and company law matters pertaining to an ongoing consultation related to a proposed major change in its manner of operating (with Javan Herberg QC).

For the Part 20 Claimants at the trial of a dispute arising from the production of Terry Gilliam’s The Man Who Killed Don Quixote (assisting Andrew Scott).

Trial of a Part 8 claim involving a dispute as to provisions made in a settlement agreement for distributing a fund of cash held for the parties’ benefit (assisting Andrew Scott).

Advised a company in response to claims of unjust enrichment, personal injury, intimidation, deceit and false imprisonment experienced by African crop farmers in an international supply chain (assisting Shaheed Fatima QC and Andrew Scott).

Advised a global beer company on its position and the position of its subsidiaries under a framework rental agreement with its supplier of kegs (assisting Andrew Scott). This raised interesting questions about the nature of the contractual agreement between the beer company and its keg supplier, as well as over the beer company's ability to assert liens or proprietary claims over the kegs in respect of certain unreturned deposits.

For the claimant telecoms company in a multi-million dollar dispute arising out of its Chinese supplier’s repudiation of a long-standing maintenance and support contract (assisting Andrew Green QC and Fraser Campbell).

Fraudulent misrepresentation claim seeking rescission of a Deed of Amendment and payment of fair value for shares pursuant to a Shareholders Agreement (assisting Harish Salve QC and Fraser Campbell).

Defending claim concerning disputed acquisition of good title to a valuable artwork (assisting Fraser Campbell). 

Represented (unled) the Respondent to a claim for unfair dismissal and disability discrimination. The claim was struck out.

Acted (unled, pro bono) for Claimant in unauthorised deductions claim. The central issue was whether the Claimant, who was appointed as a director of the Respondent company for the period when she was performing services, was a worker within the meaning of s.230 of the ERA 1996, and was therefore entitled to remuneration. The claim settled just before trial.

Acted (unled, pro bono) for Claimant in disability discrimination claim, obtaining a substantial settlement.

Represented (unled, pro bono) Claimant in one-day ET hearing on remitted issue of whether there was a redundancy situation satisfying s. 139(1)(b)(i) ERA 1996 in an unfair dismissal claim.

A former Commercial Director’s claims against a global packaging company for direct sex discrimination, indirect sex discrimination and victimisation (assisting Diya Sen Gupta QC).

Represented Respondent in relation to notice pay, arrears of pay and whistleblowing claims (unled). This case involved issues around worker/employment status and issues of contractual interpretation.

A claim brought by several former employees of a bank in respect of their redundancy upon the closure of its London branch. This matter involved consideration of complex bonus claims (assisting Diya Sen Gupta QC).

Preliminary hearing for strike-out and deposit orders in respect of a former employee’s whistleblowing allegations against a UK financial markets regulator (assisting Diya Sen Gupta QC). 

A former trader’s potential claim against a leading bank arising out of a major banking scandal. This case involved consideration of redundancy, constructive dismissal, stigma damages, bonus payments, direct discrimination on the grounds of nationality and the impact of criminal proceedings in a foreign jurisdiction (assisting Diya Sen Gupta QC). 

Acted successfully (unled) for an individual pursuing an internal appeal of his sports association's decision to suspend him. The suspension was lifted with immediate effect. This matter involved challenging the association's decision-making process on natural justice grounds (procedural unfairness) as well as challenging the substance of its conclusions about the individual's conduct.

Successfully represented (unled) a U18 academy rugby team that had reached the Final of the National Cup in their appeal against an RFU Disputes Committee's decision to disqualify them from the competition due to alleged player registration and eligibility issues. The team were able to compete in the Final as a result. The RFU Appeal Panel's judgment appears here.

Advising and acting for the BBC on media, regulatory and public law issues, including First-tier Tribunal proceedings under the Freedom of Information Act 2000, the BBC Charter, the Communications Act 2003, and matters relating to the imposition and enforcement of the BBC licence fee (with Jason Pobjoy and unled).

For the Part 20 Claimants at the trial of a dispute arising from the production of Terry Gilliam’s The Man Who Killed Don Quixote (assisting Andrew Scott).

Advised on trespass and human rights implications of allowing a TV documentary crew to conduct tag-along filming with police officers (unled). This raised issues under Article 8 ECHR and the Human Rights Act 1998, as well as contractual issues based on a proposed draft filming contract.

Assisted in acting for respondent in group litigation concerning odour nuisance caused by landfill site (assisting Hanif Mussa). This case involved advising on a response to an application for a group litigation order and various disputes over its terms.

Advising (unled) on environmental issues raised by (a) planning applications, including issues concerning the potential destruction of habitats for birds on functionally linked land; and (b) public law issues such as the grant of licences for scientific research.

Acted for the Commercial Bank of Dubai and other Claimants against members of a wealthy Emirati family and companies alleged to be owned or controlled by them in respect of claims to enforce a foreign judgment and other economic torts. Obtained summary judgment on the enforcement claim and dealt with issues relating to an application for committal of the Defendants for contempt of court (with Anthony Peto KC).

Assisted in early stages of unlawful means conspiracy claim concerning the nationalisation of a Ukrainian bank, dealing with jurisdiction and state immunity issues (assisting Andrew Scott). The claim was ultimately summarily dismissed on grounds of state immunity, foreign act of state, and as having no real prospect of success.

Fraudulent misrepresentation claim seeking rescission of a Deed of Amendment and payment of fair value for shares pursuant to a Shareholders Agreement (assisting Harish Salve QC and Fraser Campbell).

Defending claim concerning disputed acquisition of good title to a valuable artwork (assisting Fraser Campbell).