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Chambers of Mark Howard QC and Helen Davies QC

7-8 ESSEX STREET, LONDON, WC2R 3LD, ENGLAND
Tel:
Work 020 7379 3550
Fax:
Fax 020 7379 3558
DX:
302 LONDON CHANCERY LANE
Email:
Web:
www.brickcourt.co.uk

Gerard Rothschild

Tel:
Work 020 7379 3550
Email:
Web:
www.brickcourt.co.uk/people/profile/gerard-rothschild
Brick Court Chambers (Chambers of Mark Howard QC and Helen Davies QC)

Position

Barrister specialising in commercial, competition and public law.

Notable commercial law cases have included: 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: 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: 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 recently acted for Scottish Power in the CMA's review of the RIIO-ED1 price control, and separately for National Grid and for UK Power Networks in judicial review proceedings arising out of decisions of Ofgem.

Career

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.

Languages

French, Spanish.

Member

LCLCBA.

Education

Westminster School; Magdalen College, Oxford (BA Jurisprudence First Class; BCL with Distinction).


London Bar

Administrative and public law (including local government)

Within: Leading Juniors

Gerard Rothschild - Brick Court Chambers ‘ He provides extremely valuable tactical input. ’

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Commercial litigation

Within: Leading Juniors

Gerard Rothschild - Brick Court Chambers ‘ Has the ability to provide a measured response no matter the situation – a great legal mind and a pleasure to work with. ’

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Competition

Within: Leading Juniors

Gerard Rothschild - Brick Court Chambers ‘ Quietly effective and technically strong. ’

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EU Law

Within: Leading Juniors

Gerard Rothschild - Brick Court Chambers ‘ Quietly effective, with strong technical knowledge. ’

Within: EU Law

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.

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Energy

Within: Leading Juniors

Gerard Rothschild - Brick Court Chambers ‘ Good all round as a lawyer and also with clients. ’

Within: Energy

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.

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