Gerard Rothschild > Chambers of Mark Howard QC and Helen Davies QC > London, England > Lawyer Profile
Chambers of Mark Howard QC and Helen Davies QC Offices
Brick Court Chambers
7-8 ESSEX STREET
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Barrister specialising in commercial, competition and public law.
Notable commercial law cases have included: Micula v. Romania (Supreme Court appeal on enforcement of ICSID awards); Apple v. Qualcomm (global IP licensing/FRAND dispute); Secretary of State for Transport v. Paragon (Commercial Court proceedings to recover the cost of replacing all V5 vehicle registration documents); Cherney v. Deripaska (a claim said to be for over $3 billion and cited by The Lawyer among the ‘top cases of 2012’); Sir Keith Mills v. Coutts & Co (Chancery Division claim alleging mis-selling of investments); and Terna v. Binkamil (enforcement proceedings under the Arbitration Act 1996). From his postgraduate studies, he has particular interests in restitution and the conflict of laws.
In the field of competition law, Gerard’s experience includes: the proposed collective proceedings before the CAT arising out of the foreign exchange cartels; iiyama v. Samsung (High Court follow-on action arising out of the Cathode Ray Tube cartel); appearing before the Supreme Court in SCOP v. CMA (on the scope of the CMA’s merger jurisdiction); BMI Healthcare v. CC (challenging the unfair procedure adopted in the then-pending Private Healthcare market investigation); the Pay TV appeals against Ofcom (both before the Competition Appeal Tribunal and the Court of Appeal); the Construction Recruitment Forum penalty appeals brought by Hays plc and others; Virgin Media v. BSkyB (a High Court action concerning the pricing of television channels); and Chester City Council v. Arriva (a Chapter 2 claim relating to public transport). He is a contributing author of Competition Litigation: UK Practice and Procedure (OUP).
As to public law, Gerard taught constitutional law at Magdalen College, Oxford for 5 years. Court experience of note includes: acting pro bono for the parents of Charlie Gard in the appeals as far as the European Court of Human Rights challenging the decision to restrict medical treatment for their child; R (Good Law Project) v. Electoral Commission(judicial review proceedings on the application of expenditure rules at the 2016 EU referendum); R (Wheeler) v. Prime Minister (challenging the Government’s opt-in to the European Arrest Warrant scheme); R (BASTA) v. Birmingham Airport (a judicial review concerning taxi licensing); and R (Higher Burrow) v. DEFRA (concerning the policy for controlling tuberculosis in cattle).
Gerard has particular familiarity with commercial judicial review and cases arising in the energy sector. He has acted for Scottish Power in the CMA’s review of the RIIO-ED1 price control, for the Utility Regulator of Northern Ireland in the GD17 licence modification appeal by Firmus Energy, and separately for National Grid and for UK Power Networks in judicial review proceedings arising out of decisions of Ofgem.
Called 2005, Lincoln’s Inn (Hardwicke and Denning Scholarships); pupillage Brick Court Chambers 2005-06; part-time lecturer in Constitutional Law at Magdalen College, Oxford 2005-10.
Westminster School; Magdalen College, Oxford (BA Jurisprudence First Class; BCL with Distinction).
London Bar > EU LawWithin: Leading Juniors -
Brick Court Chambers ‘has a wide array of excellent silks and juniors‘ involved in many of the agenda-setting EU law cases before the UK and the European courts. In the High Court, Lord David Anderson of Ipswich KBE QC represented the landlords in Canary Wharf Group v European Medicines Agency; the latter institution, which was relocated to Amsterdam from London in March 2019 due to Brexit, argued that its lease was frustrated under English law as it no longer had the power under EU law to pay the rent. Marie Demetriou QC represented Ioan Micula in the Supreme Court in Micula and others v Romania: two brothers won an investment treaty award against the Romanian government, which the European Commission instructed the Romanians to refuse to honour, alleging that payment of the award would constitute state aid – Gerard Rothschild and Emily MacKenzie having represented the Romanian government at various junctures. In the European courts, Maya Lester QC represented the victorious claimants in Wightman – a case considering whether it is permissible for the UK to withdraw its Article 50 notice – while Jemima Stratford QC represented MSD Animal Health in a challenge to a decision of the European Medicines Authority to release its veterinary clinical trial data. Martin Chamberlain QC has been appointed to the Queen’s Bench Division.
London Bar > EnergyWithin: Leading Juniors -
Brick Court Chambers frequently handles high-value energy and natural resources disputes with ‘a terrific array of silks and juniors at every level; a suitable counsel for every case‘. Clients remark that ‘the clerks’ room is easy to deal with and highly commercial‘, while another notes that ‘the service from the clerking team is second to none‘. Mark Hapgood QC and rising star silk Fionn Pilbrow QC are representing three defendants – a Nigerian oil company and two of its directors – in claims brought by former international EPC company Afren in the Commercial Court. Richard Gordon QC and Gerard Rothschild frequently act for UK Power, National Grid and Scottish Power.