Emily Neill

Advising a provider of Services of General Economic Interest on the interpretation of certain statutory powers given to Government to direct the provider on certain issues, on the scope of the Governmental power and on potential grounds of challenge to the exercise of the power. The provider was regulated under rules which had their foundation in EU law

Advising a household name airline in relation to potential avenues of challenge to a decision to reduce landing slots (which are governed by EU Council Regulation 95/93) at an EU airport

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s decision determining a dispute relating to the amount of connection charges between the Wind Farm and Northern Ireland Electricity Limited (the operator of the distribution grid). The claim is made on the basis that the Regulator has failed to act consistently with EU energy regulation law.

Acting as sole counsel for Ryanair in a statutory appeal to the Aviation Appeals Panel from the decision of the Commission for Aviation Regulation setting the price control of landing charges at Dublin Airport for the period 2020-2025. One of Ryanair’s grounds of appeal was successful, leading to a remittal of the price control decision to the CAR for redetermination.

Acting as sole counsel for Ryanair in a statutory appeal to the Aviation Appeals Panel from the decision of the Commission for Aviation Regulation revising the price control of airport charges for landing in Dublin Airport further to the Covid-19 Pandemic.

Acting (with Alan McClean QC) in a follow-on damages claim in the Competition Appeal Tribunal against Volvo and DAF truck manufacturers, arising out of the European Commission's decision that certain manufacturers had engaged in an unlawful cartel in relation to the manufacture and sale of trucks.

Acted for Ofgem in eight appeals brought by electricity and gas transmission and distribution providers against Ofgem's decision setting the prices to be recovered from consumers from 2021.

Acting for Ryanair to defend a claim for breach of competition, consumer and contract law, brought by On the Beach in the Chancery Division.

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s approach to the regulatory requirements which apply to a Wind Farm located in the Republic of Ireland, but connected to the grid in Northern Ireland.

The claim is made on the basis that the Regulator has acted inconsistently with EU energy regulation law (which continues to apply in Northern Ireland).

Acting in an appeal before the General Court of the European Union to challenge a Commission finding that an international bank has infringed Article 101 of the TFEU by restricting or distorting competition in the European Government Bonds market.

Advising a high profile victim of a "theft" of a valuable golden mobile number on regulatory and private law avenues for redress. The case involved various EU law issues (for example, the regime relating to number portability).

Advising a regulated provider on compliance with Ofcom's metering and billing direction and the related regulatory regime (with its roots in EU law).

Acting (with Kieron Beal QC) for Bank of America/Merrill Lynch to defend a standalone competition law claim relating to the foreign exchange market. The claim is brought by 175 investment management firms, hedge funds and other enterprises engaged in foreign exchange activities against various banks and trading organisations.

Confidential advice to a household name services provider on the compatibility of an approach to regulation with preceding grants of State aid.

Successfully acted in the Commercial Court and later Court of Appeal for Vodafone as the lead claimant in a claim under domestic and EU law for repayment of fees for use of mobile phone spectrum, following a ruling by the Court of Appeal that Ofcom had acted unlawfully when setting the fees.

The claim resulted in a judgment of £214 million (plus interest) against Ofcom and raised complex issues of EU and domestic restitution law. 

Prepared an opinion for the Open Society Justice Initiative (together with Tim Otty QC, Tom de la Mare QC and George Molyneaux) regarding the compatibility with EU law of emergency legislation introduced in Hungary in the context of the coronavirus pandemic. The opinion concluded that Act XII of 2020 on the containment of coronavirus, and certain Decrees issued thereunder, violate the foundational values of  the EU (as set out in Article 2 of the Treaty on European Union) and various specific provisions of EU law and the Charter of Fundamental Rights and was relied upon in discussions with the EU Commission. 

Acted as sole counsel for the Competition and Market Authority in an appeal against Ofcom’s control of BT’s pricing for wholesale business internet services.

Emily advised the BBC during the drafting of the current BBC Charter, which appointed Ofcom as the regulator of the BBC with competition and regulatory powers to impose restrictions on the BBC’s activities. Emily continues to regularly advise the BBC as sole counsel on various confidential competition and regulatory issues which have arisen under the new regime under Ofcom.

Acting for the Defendant in a high value commercial claim relating to connection charges brought by a wind farm developer. The claim before the High Court in Northern Ireland raises issues of contract, EU and competition law.

Advising a regulator on the design of investigative procedures in a manner compliant with EU and domestic requirements of procedural fairness.

Advising a magic circle firm on establishment in Ireland or Northern Ireland and the retention of EU rights of audience and privilege.

Assisting a market disruptor to challenge amendments to planning rules which advantage an incumbent on the grounds of breach of competition law.

Acted for Ryanair in a high value claim against the Irish State for breach of state aid law and free movement provisions arising out of the imposition of a differential air travel tax. The case was resolved shortly before a 12 week trial listed in the Irish High Court in October 2019. 

Successfully acted for Vodafone in the Court of Appeal to challenge Ofcom's revision of annual licence fees for radio spectrum. The appeal (and the first instance judicial review, in which Emily also appeared) raised issues of EU and public law and resulted in Ofcom's direction setting licence fees being held ultra vires.

Acted as sole counsel for the Competition and Markets Authority (CMA) in two separate challenges by TalkTalk and City Fibre to Ofcom's price control decisions in the Business Connectivity Market Review, controlling the prices which BT can charge for its Dark Fibre access product.

The CMA overturned Ofcom's price control decision in TalkTalk's challenge and maintained it in City Fibre's challenge. Neither of the CMA's decisions were successfully challenged in the CAT.

Acted as sole counsel for the Northern Ireland Utility Regulator in a high value claim brought by industry bodies representing various microgenerators, relating to the calculation of payments for solar energy sold back to the grid by microgenerators.

Advised a mobile network operator in response to threatened enforcement proceedings by Ofcom for breach of the EU Roaming Regulation.

Successfully acted as sole counsel for Ofgem in a high value commercial judicial review by a renewables energy developer of Ofgem's approach to accreditation of wind turbines under the Northern Ireland Renewables Obligation Scheme. Emily also acted in the Northern Ireland Court of Appeal proceedings, which were ultimately discontinued by the applicant. The case raised difficult issues of EU and public law.

Successfully acted for Telefonica UK Limited in the High Court and Court of Appeal in claims brought against Ofcom’s decision on the competition measures to be imposed in the auction of 2.3 and 3.4 GHz spectrum. 

Telefonica subsequently won the largest volume of spectrum in the 5G auction.

Acted for the incumbent supplier in a challenge to the procurement for the supply of boots to the British Army, in contracts worth £84million.

Acted for the applicant (with Brian Kennelly QC) in this leading case on the basis for calculating permissible legal expenses for foreign proceeding under the EU sanctions regime. Emily acted at both first instance and in the Court of Appeal until the case was discontinued following the successful de-listing of Mr Ezz.

Acting for Royal Mail defending an extremely high value group litigation claim (comprising hundreds of claims worth approx. £0.5 billion) for VAT alleged to have been paid on postal services since the UK's entry into the EU in the 1970s. Royal Mail's services were once all considered exempt from VAT. Following a ruling from the CJEU some were held to be VATable. The Claimants claim the VAT alleged to have been unknowingly paid on postal services. The claim raises extremely complicated issues of EU VAT law, EU and domestic law regulating postal services and Francovich liability.

It was one of the Lawyer's Top 20 cases for 2017.

It is being tried as a series of mini-trials, the first of which (in which Royal Mail succeeded) produced a significant ruling on the private law actionability of the duty to provide a VAT invoice. This first mini trial was unsuccessfully appealed to the Court of Appeal in 2021 and is presently on appeal to the Supreme Court on the discrete question of the application of limitation periods to a claim for an injunction. The second mini trial (in which Royal Mail succeeded) involved complex issues of EU law relating to the regulation of postal services and the VAT regime  ([2022] EWHC 704 (Ch)) and is on appeal to the Court of Appeal.

Acting for a mother and child to challenge the refusal to register a child born to a deceased father where conception was enabled by an order requiring release of sperm from the UK for the receipt of fertility services in another Member State. The challenge was based on the EU Charter and on the free movement of services.

Emily has successfully acted for the airline slots regulator, ACL, in multiple high value challenges brought by various airlines to the exercise of ACL’s competition and EU law-based powers.

In each of these challenges Emily appeared as sole counsel for the regulator, pitched against experienced aviation silks.

Acted for a sporting association in a challenge to a salary cap for players as an abuse of dominance and a cartel.

Advice on State aid in the context of funding public service obligations.

Advising the government of a non-EU jurisdiction on EU legislation governing tax avoidance and automatic information exchange.

Acted for FIPO in the Court of Appeal, and prior to that the Competition Appeal Tribunal, in a challenge to the CMA’s market investigation into private healthcare services, on the basis that the CMA failed to address the market power of private health insurers.

Advising in the context of media and broadcasting on free movement of services, State aid and EU Charter rights.

Advising an airport group on essential facilities and abuse of dominance.

Advising a dominant provider in an investigation under the Competition Act 1998 into their pricing practices and abuse of dominance.

Advised a household name bank on Article 101 TFEU and information exchange in the context of threatened proceedings.

Advising on various matters governed by the Postal Services Directive and the Postal Services Act 2011, following the coming into effect of the new regulatory regime governing Royal Mail.

Acted for the Gibraltar Gambling Commissioner in a challenge to the Gambling (Licensing and Advertising) Act 2014 as contrary to Article 56 TFEU.

Successfully acted for Royal Mail at first instance and in the Court of Appeal proceedings (which were eventually discontinued) in Whistl’s judicial review challenge to the legality of the Royal Mail’s VAT exemption for alleged incompatibility with EU VAT legislation (CJEU reference in Case C-357/07).

Acted for the successful respondent in the Supreme Court (with Tom Croxford QC) and later the Employment Tribunal and Appeal proceedings in an age discrimination claim arising out of a mandatory retirement age in a partnership agreement, raising issues under the Equal Treatment Framework Directive.

Successfully acted in the Court of Appeal for OFCOM in three separate appeals against Ofcom’s determination that BT overcharged for Ethernet services by £95 million between 2005-2011. Emily also acted at first instance in the Competition Appeal Tribunal.

Advising the Competition Commission (now CMA) throughout the stages of a Market Investigation under Part V of the Enterprise Act.

Emily has provided highly confidential advice on multiple occasions in the context of the energy capacity market auctions, raising complex competition and regulatory issues.

Acting for Ryanair to defend a claim for breach of competition, consumer and contract law, brought by On the Beach in the Chancery Division.

Acting for Ofgem in a high value challenge to Ofgem's refusals to accredit certain renewable energy installations under a state subsidy scheme.

Judgment was given by Mr Justice Fordham in a judicial review in 2021 ([2021] EWHC 84 (Admin)) and a claim for damages for breach of the right to property is now proceeding in the High Court (TCC).

The claim involves arguments relating to EU regulation of renewable energy and EU and European Convention property rights (which it was alleged were infringed by the regulatory decision which revoked accreditation).

Acting for Royal Mail defending an extremely high value group litigation claim (comprising hundreds of claims worth approx. £0.5 billion) for VAT alleged to have been paid on postal services since the UK's entry into the EU in the 1970s. Royal Mail's services were once all considered exempt from VAT. Following a ruling from the CJEU some were held to be VATable. The Claimants claim the VAT alleged to have been unknowingly paid on postal services. The claim raises extremely complicated issues of EU VAT law, EU and domestic law regulating postal services and Francovich liability.

It was one of the Lawyer's Top 20 cases for 2017.

It is being tried as a series of mini-trials, the first of which (in which Royal Mail succeeded) produced a significant ruling on the private law actionability of the duty to provide a VAT invoice. This first mini trial was unsuccessfully appealed to the Court of Appeal in 2021 and is presently on appeal to the Supreme Court on the discrete question of the application of limitation periods to a claim for an injunction. The second mini trial (in which Royal Mail succeeded) involved complex issues of EU law relating to the regulation of postal services and the VAT regime  ([2022] EWHC 704 (Ch)) and is on appeal to the Court of Appeal.

Successfully acted in the Commercial Court and later Court of Appeal for Vodafone as the lead claimant in a claim under domestic and EU law for repayment of fees for use of mobile phone spectrum, following a ruling by the Court of Appeal that Ofcom had acted unlawfully when setting the fees.

The claim resulted in a judgment of £214 million (plus interest) against Ofcom and raised complex issues of EU and domestic restitution law. 

Acting for the Defendant in a high value commercial claim relating to connection charges brought by a wind farm developer. The claim before the High Court in Northern Ireland raises issues of contract, EU and competition law.

Advising a telecomms operator on the prospects of a claim against a third party supplier following a high value fine for regulatory breach.

Successfully acted for BG International (part of the British Gas group) in multiparty fraud litigation, which involved multiple applications, for ex parte freezing orders and Norwich Pharmacal orders, bench warrants, applications for attendance for cross-examination, applications for judgment and the successful committal to prison for contempt of court of two defendants (including, in relation to one, in his capacity as a director of a company in breach of a freezing order, and for a sentence of 9 months). 

Junior Counsel for trustees Belgravia and Experta in a high value claim against a third trustee, CIBC, for failures in its duties as a trustee, gross negligence and for recovery of trust assets (led by Pushpinder Saini QC).

Acted for Prince Mishal and Prince Abdulaziz in a high value commercial dispute, in which the Princes claimed sovereign immunity and challenged service out of the jurisdiction (led by Tim Otty QC).

Junior Counsel in a sensitive high value claim for fraud, breach of contract and fiduciary duty relating to the development of a quantitative trading model at a hedge fund.

Advising a household name airline in relation to potential avenues of challenge to a decision to reduce landing slots (which are governed by EU Council Regulation 95/93) at an EU airport

Advising a provider of Services of General Economic Interest on the interpretation of certain statutory powers given to Government to direct the provider on certain issues, on the scope of the Governmental power and on potential grounds of challenge to the exercise of the power. The provider was regulated under rules which had their foundation in EU law

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s decision determining a dispute relating to the amount of connection charges between the Wind Farm and Northern Ireland Electricity Limited (the operator of the distribution grid). The claim is made on the basis that the Regulator has failed to act consistently with EU energy regulation law.

Acting as sole counsel for Ryanair in a statutory appeal to the Aviation Appeals Panel from the decision of the Commission for Aviation Regulation setting the price control of landing charges at Dublin Airport for the period 2020-2025. One of Ryanair’s grounds of appeal was successful, leading to a remittal of the price control decision to the CAR for redetermination.

Acting as sole counsel for Ryanair in a statutory appeal to the Aviation Appeals Panel from the decision of the Commission for Aviation Regulation revising the price control of airport charges for landing in Dublin Airport further to the Covid-19 Pandemic.

Acted for Ofgem in eight appeals brought by electricity and gas transmission and distribution providers against Ofgem's decision setting the prices to be recovered from consumers from 2021.

Acting for the BBC as the interested party in a judicial review brought by certain commercial radio operators, challenging Ofcom's decision to permit the BBC to launch the Radio1 Dance stream on the BBC Sounds App without a public interest assessment.

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s approach to the regulatory requirements which apply to a Wind Farm located in the Republic of Ireland, but connected to the grid in Northern Ireland.

The claim is made on the basis that the Regulator has acted inconsistently with EU energy regulation law (which continues to apply in Northern Ireland).

Acting for the interested party to defend a challenge to the grant of planning permission for a large energy infrastructure project. The challenge is brought on the basis that the Minister for Infrastructure did not have power under the Northern Ireland Act 1998 (as amended) to make the decision without the consent of the Executive.

Successfully acted (with Sam Grodzinski QC) at first instance and in the Court of Appeal to defend a challenge to a decision by Ofgem to revoke the accreditation of certain electricity generation stations under a renewable subsidy scheme on the basis that their accreditation was founded on inaccurate information. The challenge was brought by a hedge fund which had subsequently purchased the stations and who had not been involved in the original application. The case involved arguments relating to the EU regulation of renewable energy and EU and European Convention property rights.

Confidential advice to a household name services provider on the compatibility of an approach to regulation with preceding grants of State aid.

Advising an international regulatory body on the impact of Russian sanctions on their UK and international regulatory activities.

Acting (with Sir James Eadie QC) for Ofqual responding to various judicial reviews to challenge the exam results algorithm initially adopted to set grades for A-Levels in 2020 in light of the impact of Covid-19. The challenges were not pursued following a change in policy. 

Acting for Ofgem in a high value challenge to Ofgem's refusals to accredit certain renewable energy installations under a state subsidy scheme.

Judgment was given by Mr Justice Fordham in a judicial review in 2021 ([2021] EWHC 84 (Admin)) and a claim for damages for breach of the right to property is now proceeding in the High Court (TCC).

The claim involves arguments relating to EU regulation of renewable energy and EU and European Convention property rights (which it was alleged were infringed by the regulatory decision which revoked accreditation).

Advising a regulated provider on compliance with Ofcom's metering and billing direction and the related regulatory regime (with its roots in EU law).

Advising a high profile victim of a "theft" of a valuable golden mobile number on regulatory and private law avenues for redress. The case involved various EU law issues (for example, the regime relating to number portability).

Emily advised the BBC during the drafting of the current BBC Charter, which appointed Ofcom as the regulator of the BBC with competition and regulatory powers to impose restrictions on the BBC’s activities. Emily continues to regularly advise the BBC as sole counsel on various confidential competition and regulatory issues which have arisen under the new regime under Ofcom.

Advising a foreign government on reform of the law on abortion.

Advising a regulator on the design of investigative procedures in a manner compliant with EU and domestic requirements of procedural fairness.

Advising a magic circle firm on establishment in Ireland or Northern Ireland and the retention of EU rights of audience and privilege.

Prepared an opinion for the Open Society Justice Initiative (together with Tim Otty QC, Tom de la Mare QC and George Molyneaux) regarding the compatibility with EU law of emergency legislation introduced in Hungary in the context of the coronavirus pandemic. The opinion concluded that Act XII of 2020 on the containment of coronavirus, and certain Decrees issued thereunder, violate the foundational values of  the EU (as set out in Article 2 of the Treaty on European Union) and various specific provisions of EU law and the Charter of Fundamental Rights and was relied upon in discussions with the EU Commission. 

Acted as sole counsel for the Northern Ireland Utility Regulator in a high value claim brought by industry bodies representing various microgenerators, relating to the calculation of payments for solar energy sold back to the grid by microgenerators.

Acted in the Northern Ireland Court of Appeal for SONI, the electricity grid operator for Northern Ireland. The case was referred to the Supreme Court but made redundant by the passing of primary legislation to address the issues.

The case is an important authority in constitutional and devolution law: determining whether the civil service can continue to act in the absence of a power-sharing government in Stormont.

SONI was granted planning permission for the North-South Electricity Interconnector (the largest infrastructure project on the Island of Ireland and a fundamental requirement of the Single Electricity Market) at a time when no government was in place in Stormont. Permission for the interconnector was challenged on the basis that civil servants were not able to act without a government in place.

Acted for Times Newspapers Limited and Mr Kennedy, a journalist, in a challenge before the European Court of Human Rights to the exemption under the Freedom of Information Act 2000 to disclosure of information held for the purpose of an inquiry, following the judgment of the Supreme Court ([2014] UKSC 20).

Successfully acted for Telefonica UK Limited in the High Court and Court of Appeal in claims brought against Ofcom’s decision on the competition measures to be imposed in the auction of 2.3 and 3.4 GHz spectrum. 

Telefonica subsequently won the largest volume of spectrum in the 5G auction.

Emily acted for Ofgem in the statutory inquiry into the "cash for ash" scandal which resulted in the dissolution of government in Northern Ireland. Ofgem is one of three Core Participants in the inquiry, having acted as the administrator of the renewable heat incentive scheme in Northern Ireland.

Successfully acted for Vodafone in the Court of Appeal to challenge Ofcom's revision of annual licence fees for radio spectrum. The appeal (and the first instance judicial review, in which Emily also appeared) raised issues of EU and public law and resulted in Ofcom's direction setting licence fees being held ultra vires.

Successfully acted as sole counsel for Ofgem in a high value commercial judicial review by a renewables energy developer of Ofgem's approach to accreditation of wind turbines under the Northern Ireland Renewables Obligation Scheme. Emily also acted in the Northern Ireland Court of Appeal proceedings, which were ultimately discontinued by the applicant. The case raised difficult issues of EU and public law.

Acted as sole counsel for the Competition and Markets Authority (CMA) in two separate challenges by TalkTalk and City Fibre to Ofcom's price control decisions in the Business Connectivity Market Review, controlling the prices which BT can charge for its Dark Fibre access product.

The CMA overturned Ofcom's price control decision in TalkTalk's challenge and maintained it in City Fibre's challenge. Neither of the CMA's decisions were successfully challenged in the CAT.

Acted for the incumbent supplier in a challenge to the procurement for the supply of boots to the British Army, in contracts worth £84million.

Acted for the applicant (with Brian Kennelly QC) in this leading case on the basis for calculating permissible legal expenses for foreign proceeding under the EU sanctions regime. Emily acted at both first instance and in the Court of Appeal until the case was discontinued following the successful de-listing of Mr Ezz.

Emily has successfully acted for the airline slots regulator, ACL, in multiple high value challenges brought by various airlines to the exercise of ACL’s competition and EU law-based powers.

In each of these challenges Emily appeared as sole counsel for the regulator, pitched against experienced aviation silks.

Acted for the Secretary of State as junior to James Eadie QC in this challenge to the assessment of Ethiopia’s commitment to human rights and other international obligations for the purpose of the grant of aid to the country.

Successfully resisted a challenge to the decision of the General Medical Council to erase Dr Siddiqui from the Medical Register. The judgment of the High Court concludes with a commendation of Emily's work. 

Advised the Integrated Education Fund on the statutory duties of the Northern Ireland Government to promote integrated education. The Department for Education ultimately changed its policy for funding schools, in light of criticisms that it was in breach of those duties.

Emily advised a foreign government on the constitutionality of reform to pensions and retirement age (with Sir Jeffrey Jowell QC).

Acted for the Gibraltar Gambling Commissioner in a challenge to the Gambling (Licensing and Advertising) Act 2014 as contrary to Article 56 TFEU.

Successfully acted for Royal Mail at first instance and in the Court of Appeal proceedings (which were eventually discontinued) in Whistl’s judicial review challenge to the legality of the Royal Mail’s VAT exemption for alleged incompatibility with EU VAT legislation (CJEU reference in Case C-357/07).

Acted for a group of women who alleged they had been sexually harassed by the Liberal Democrat peer Lord Rennard and who sought to rely on public law principles and the Party Constitution to challenge their treatment by the Party, including representing the women at a mediation with the Party and Lord Rennard. 

Acted for Belgravia Bank in an application for the Judgment of the Court of Appeal to be set aside on the grounds of apparent bias (with Pushpinder Saini QC). 

Emily advised in relation to the renewal of a key Government supplier following findings and allegations of misconduct and fraud.

Advised the UK Government in relation to the spending of UK overseas aid and human rights obligations.

Emily regularly advises the Governments of two foreign jurisdiction in relation to various highly confidential constitutional and administrative law matters (with Sir Jeffrey Jowell QC and Lord Pannick QC).

Emily has provided highly confidential advice on multiple occasions in the context of the energy capacity market auctions, raising complex competition and regulatory issues.

Advising a regulated provider on compliance with Ofcom's metering and billing direction and the related regulatory regime (with its roots in EU law).

Advising a high profile victim of a "theft" of a valuable golden mobile number on regulatory and private law avenues for redress. The case involved various EU law issues (for example, the regime relating to number portability).

Successfully acted in the Commercial Court and later Court of Appeal for Vodafone as the lead claimant in a claim under domestic and EU law for repayment of fees for use of mobile phone spectrum, following a ruling by the Court of Appeal that Ofcom had acted unlawfully when setting the fees.

The claim resulted in a judgment of £214 million (plus interest) against Ofcom and raised complex issues of EU and domestic restitution law. 

Acted as sole counsel for the Competition and Market Authority in an appeal against Ofcom’s control of BT’s pricing for wholesale business internet services.

Advising a telecomms operator on the prospects of a claim against a third party supplier following a high value fine for regulatory breach.

Advising a telecommunications operator in relation to the impact of State aid law on certain measures favouring an incumbent.

Advised a mobile network operator in response to threatened enforcement proceedings by Ofcom for breach of the EU Roaming Regulation.

Acted as sole counsel for the Competition and Markets Authority (CMA) in two separate challenges by TalkTalk and City Fibre to Ofcom's price control decisions in the Business Connectivity Market Review, controlling the prices which BT can charge for its Dark Fibre access product.

The CMA overturned Ofcom's price control decision in TalkTalk's challenge and maintained it in City Fibre's challenge. Neither of the CMA's decisions were successfully challenged in the CAT.

Successfully acted for Telefonica UK Limited in the High Court and Court of Appeal in claims brought against Ofcom’s decision on the competition measures to be imposed in the auction of 2.3 and 3.4 GHz spectrum. 

Telefonica subsequently won the largest volume of spectrum in the 5G auction.

Successfully acted for Vodafone in the Court of Appeal to challenge Ofcom's revision of annual licence fees for radio spectrum. The appeal (and the first instance judicial review, in which Emily also appeared) raised issues of EU and public law and resulted in Ofcom's direction setting licence fees being held ultra vires.

Emily advised the BBC during the drafting of the current BBC Charter, which appointed Ofcom as the regulator of the BBC with competition and regulatory powers to impose restrictions on the BBC’s activities. Emily continues to regularly advise the BBC as sole counsel on various confidential competition and regulatory issues which have arisen under the new regime under Ofcom.

Advising in the context of media and broadcasting on free movement of services, State aid and EU Charter rights.

Advising on various matters governed by the Postal Services Directive and the Postal Services Act 2011, following the coming into effect of the new regulatory regime governing Royal Mail.

Successfully acted in the Court of Appeal for OFCOM in three separate appeals against Ofcom’s determination that BT overcharged for Ethernet services by £95 million between 2005-2011. Emily also acted at first instance in the Competition Appeal Tribunal.

Confidential advice to a household name services provider on the compatibility of an approach to regulation with preceding grants of State aid.

Acting for a transport company in a judicial review of measures said to have been adopted to address security of supply issues caused by Covid-19 on the grounds of incompatibility with EU State aid and procurement rules.

Advising a sporting association in relation to Covid-19 aid granted to a competing organisation.

Advising on the impact of the Northern Ireland Protocol within the Withdrawal Agreement on UK wide aid measures after the end of the transition period.

Assisting a market disruptor to challenge amendments to planning rules which advantage an incumbent on the grounds of breach of competition law.

Acted for Ryanair in a high value claim against the Irish State for breach of state aid law and free movement provisions arising out of the imposition of a differential air travel tax. The case was resolved shortly before a 12 week trial listed in the Irish High Court in October 2019. 

Advising a telecommunications operator in relation to the impact of State aid law on certain measures favouring an incumbent.

Advising in the context of media and broadcasting on free movement of services, State aid and EU Charter rights.

Advice on State aid in the context of funding public service obligations.

Advising on various matters governed by the Postal Services Directive and the Postal Services Act 2011, following the coming into effect of the new regulatory regime governing Royal Mail.

Acted for the developer interested party in a judicial review of the disposal of public land. 

Acting for a transport company in a judicial review of measures said to have been adopted to address security of supply issues caused by Covid-19 on the grounds of incompatibility with EU State aid and procurement rules.

Advising a public authority on a significant procurement exercise for cleaning services and on two challenges issued in relation thereto.

Advising a public authority on a significant procurement exercise for translation services and on threatened challenges thereto.

Acting for the incumbent supplier to challenge the award of a contract for Book of Kells ticketing and visitor services to a new operator. The Book of Kells is one of Ireland's most visited tourist attractions.

Acing for the successful bidder in a challenge by a disappointed bidder to a significant procurement exercise by Irish Water for pipe cleaning services across Ireland.  

Acted for the incumbent supplier in a challenge to the procurement for the supply of boots to the British Army, in contracts worth £84million.

Advising an incumbent supplier on the legality of ethical walls requirements in a re-tender.

Advising an IT provider on a public procurement challenge to a high value call-off under a framework agreement.

Acted for Fujitsu in a High Court claim concerning changes to one of the largest public contracts in the UK, the DVLA’s contract for IT services. The case settled shortly before trial.

Acted for the developer interested party in a judicial review of the disposal of public land. 

Emily advised in relation to the renewal of a key Government supplier following findings and allegations of misconduct and fraud.

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s decision determining a dispute relating to the amount of connection charges between the Wind Farm and Northern Ireland Electricity Limited (the operator of the distribution grid). The claim is made on the basis that the Regulator has failed to act consistently with EU energy regulation law.

Acted for Ofgem in eight appeals brought by electricity and gas transmission and distribution providers against Ofgem's decision setting the prices to be recovered from consumers from 2021.

Acting as sole counsel for the Regulator in a judicial review challenge to the Regulator’s approach to the regulatory requirements which apply to a Wind Farm located in the Republic of Ireland, but connected to the grid in Northern Ireland.

The claim is made on the basis that the Regulator has acted inconsistently with EU energy regulation law (which continues to apply in Northern Ireland).

Successfully acted (with Sam Grodzinski QC) at first instance and in the Court of Appeal to defend a challenge to a decision by Ofgem to revoke the accreditation of certain electricity generation stations under a renewable subsidy scheme on the basis that their accreditation was founded on inaccurate information. The challenge was brought by a hedge fund which had subsequently purchased the stations and who had not been involved in the original application. The case involved arguments relating to the EU regulation of renewable energy and EU and European Convention property rights.

Acting for the interested party to defend a challenge to the grant of planning permission for a large energy infrastructure project. The challenge is brought on the basis that the Minister for Infrastructure did not have power under the Northern Ireland Act 1998 (as amended) to make the decision without the consent of the Executive.

Acting for Ofgem in a high value challenge to Ofgem's refusals to accredit certain renewable energy installations under a state subsidy scheme.

Judgment was given by Mr Justice Fordham in a judicial review in 2021 ([2021] EWHC 84 (Admin)) and a claim for damages for breach of the right to property is now proceeding in the High Court (TCC).

The claim involves arguments relating to EU regulation of renewable energy and EU and European Convention property rights (which it was alleged were infringed by the regulatory decision which revoked accreditation).

Acting for the Defendant in a high value commercial claim relating to connection charges brought by a wind farm developer. The claim before the High Court in Northern Ireland raises issues of contract, EU and competition law.

Emily acted for Ofgem in the statutory inquiry into the "cash for ash" scandal which resulted in the dissolution of government in Northern Ireland. Ofgem is one of three Core Participants in the inquiry, having acted as the administrator of the renewable heat incentive scheme in Northern Ireland.

Acted as sole counsel for the Northern Ireland Utility Regulator in a high value claim brought by industry bodies representing various microgenerators, relating to the calculation of payments for solar energy sold back to the grid by microgenerators.

Acted in the Northern Ireland Court of Appeal for SONI, the electricity grid operator for Northern Ireland. The case was referred to the Supreme Court but made redundant by the passing of primary legislation to address the issues.

The case is an important authority in constitutional and devolution law: determining whether the civil service can continue to act in the absence of a power-sharing government in Stormont.

SONI was granted planning permission for the North-South Electricity Interconnector (the largest infrastructure project on the Island of Ireland and a fundamental requirement of the Single Electricity Market) at a time when no government was in place in Stormont. Permission for the interconnector was challenged on the basis that civil servants were not able to act without a government in place.

Successfully acted as sole counsel for Ofgem in a high value commercial judicial review by a renewables energy developer of Ofgem's approach to accreditation of wind turbines under the Northern Ireland Renewables Obligation Scheme. Emily also acted in the Northern Ireland Court of Appeal proceedings, which were ultimately discontinued by the applicant. The case raised difficult issues of EU and public law.

Emily has provided highly confidential advice on multiple occasions in the context of the energy capacity market auctions, raising complex competition and regulatory issues.

Acting for the BBC as the interested party in a judicial review brought by certain commercial radio operators, challenging Ofcom's decision to permit the BBC to launch the Radio1 Dance stream on the BBC Sounds App without a public interest assessment.

Successfully acted (with Sam Grodzinski QC) at first instance and in the Court of Appeal to defend a challenge to a decision by Ofgem to revoke the accreditation of certain electricity generation stations under a renewable subsidy scheme on the basis that their accreditation was founded on inaccurate information. The challenge was brought by a hedge fund which had subsequently purchased the stations and who had not been involved in the original application. The case involved arguments relating to the EU regulation of renewable energy and EU and European Convention property rights.

Acting (with Sir James Eadie QC) for Ofqual responding to various judicial reviews to challenge the exam results algorithm initially adopted to set grades for A-Levels in 2020 in light of the impact of Covid-19. The challenges were not pursued following a change in policy. 

Prepared an opinion for the Open Society Justice Initiative (together with Tim Otty QC, Tom de la Mare QC and George Molyneaux) regarding the compatibility with EU law of emergency legislation introduced in Hungary in the context of the coronavirus pandemic. The opinion concluded that Act XII of 2020 on the containment of coronavirus, and certain Decrees issued thereunder, violate the foundational values of  the EU (as set out in Article 2 of the Treaty on European Union) and various specific provisions of EU law and the Charter of Fundamental Rights and was relied upon in discussions with the EU Commission. 

Acted for Times Newspapers Limited and Mr Kennedy, a journalist, in a challenge before the European Court of Human Rights to the exemption under the Freedom of Information Act 2000 to disclosure of information held for the purpose of an inquiry, following the judgment of the Supreme Court ([2014] UKSC 20).

Advising a foreign government on reform of the law on abortion.

Acted for the applicant (with Brian Kennelly QC) in this leading case on the basis for calculating permissible legal expenses for foreign proceeding under the EU sanctions regime. Emily acted at both first instance and in the Court of Appeal until the case was discontinued following the successful de-listing of Mr Ezz.

Acting for a mother and child to challenge the refusal to register a child born to a deceased father where conception was enabled by an order requiring release of sperm from the UK for the receipt of fertility services in another Member State. The challenge was based on the EU Charter and on the free movement of services.

Acted for the Secretary of State as junior to James Eadie QC in this challenge to the assessment of Ethiopia’s commitment to human rights and other international obligations for the purpose of the grant of aid to the country.

Acted for the successful respondent in the Supreme Court (with Tom Croxford QC) and later the Employment Tribunal and Appeal proceedings in an age discrimination claim arising out of a mandatory retirement age in a partnership agreement, raising issues under the Equal Treatment Framework Directive.

Advised the UK Government in relation to the spending of UK overseas aid and human rights obligations.

Acted for a group of women who alleged they had been sexually harassed by the Liberal Democrat peer Lord Rennard and who sought to rely on public law principles and the Party Constitution to challenge their treatment by the Party, including representing the women at a mediation with the Party and Lord Rennard. 

Acted for the Secretary of State as junior to James Eadie QC in this challenge to the assessment of Ethiopia’s commitment to human rights and other international obligations for the purpose of the grant of aid to the country.

Advising the government of a non-EU jurisdiction on EU legislation governing tax avoidance and automatic information exchange.

Acted for Prince Mishal and Prince Abdulaziz in a high value commercial dispute, in which the Princes claimed sovereign immunity and challenged service out of the jurisdiction (led by Tim Otty QC).

Emily regularly advises the Governments of two foreign jurisdiction in relation to various highly confidential constitutional and administrative law matters (with Sir Jeffrey Jowell QC and Lord Pannick QC).

Acted for Prince Mishal and Prince Abdulaziz in a high value commercial dispute, in which the Princes claimed sovereign immunity and challenged service out of the jurisdiction (led by Tim Otty QC).