Hugh Mercer KC KC > Essex Court Chambers > London, England > Barrister Profile

Hugh Mercer KC KC

020 7813 8000 hmercer@essexcourt.com

Position

Court and advisory advocate specialising in EU, competition, public law and cross-border issues. His practice spans the whole range of EU law from competition to customs, free movement to agriculture and fisheries, and state aid to public procurement. Frequently engaged in resolving issues arising from implementation or failure to implement EU law in the UK. Substantial experience in regulatory matters and advocacy before the European Commission and other administrative tribunals, in particular in the shipping, water, gas and telecoms sectors. Public law experience includes commercial judicial review, health, food safety, medicines regulation, environmental and coronial law. Cross-border law includes all issues of conflicts of jurisdiction, applicable law, foreign law, public international law. Recent cases include intervening to support Microsoft in the EU General Court proceedings concerning periodic penalties for breach of Article 102 TFEU; winning Defra’s appeal to the Supreme Court in the Bloomsbury fisheries case; defending a third party in the air cargo damages claim litigation; claiming damages in the General Court arising out of EU sanctions in Africa; representing the successful shipping lines who were defendants to an Article 82 claim in Arkin v Borchard; representing Lloyd’s Names claiming damages against government for failure to implement the EU insurance directives; representing a Middle Eastern government in a dispute over the law applicable to a contract; and the Government of the Azores in the European Court in a bid to overturn an EU fisheries regulation, which threatens the fragile marine environment of the the mid-Atlantic ridge. Co-author, Layton and Mercer ‘European Civil Practice’ (2nd ed, 2004 Sweet & Maxwell).

Career

Called 1985; silk 2008; junior counsel to the Crown, A Panel 2005-08.

Languages

French (argues cases), German, Spanish, Italian.

Memberships

Chairman, CCBE Permanent Delegation to the European Court of Justice; European Circuit of the Bar.

Education

Cambridge University (MA); Université Libre de Bruxelles (Licence Spéciale en droit Européen, Grande Distinction).