Brick Court Chambers‘ members are sought after by both government departments, designated individuals and corporates facing sanctions-related challenges for representation in s. 38 SAMLA challenges or commercial disputes where sanctions have become a core issue. Maya Lester KC is currently instructed by XTX Markets, which is bringing suit under the Equality Act 2010 against Legal & General (L&G) for failing to provide financial products to Russian companies, where L&G argues sanctions prevent it from providing said products. Paul Wright continues to advise the States of Guernsey on the implications of sanctions on Guernsey discretionary trusts, while Malcolm Birdling appeared for Eugene Shvidler in his appeal to the Supreme Court to overturn his designation, arguing that it is incompatible with the European Convention on Human Rights.
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Profile
Position
Malcolm is a leading junior with a litigation practice specialising in all aspects of public, administrative, EU and commercial dispute resolution. Malcolm has with expertise across a broad range of subject areas including commercial judicial review, sanctions, discrimination, public international law, environmental, education, financial regulation, media and advertising, immigration, information law, inquiries, aviation, gaming, pharmaceutical and food regulation and civil liberties and human rights. Malcolm also has considerable experience advising and representing those subject to investigation or enforcement proceedings for suspected breaches of consumer law.
Career
Qualified New Zealand Bar; judge’s clerk (judicial assistant) to Sir Grant Hammond at the New Zealand Court of Appeal; research fellow and tutor in law (specialising in constitutional and European Union law) Keble College, University of Oxford 2008-2011; called 2011, Inner Temple. Publications of note: ‘Competition Law: General Principles in Vaughan and Robertson’s Encyclopaedia of EU Law’ (co-author); ’Delays and Stays’, New Zealand Law Journal (2009), p253 ff (co-author); ‘Self Incrimination comes to Strasbourg’, International Journal of Evidence & Proof (Vol 12, 2008), p58 ff; ’Filtering and the International System: A Question of Commitment’ in Access Denied: The Practice and Policy of Global Internet Filtering (MIT Press, 2008) (co-author); ‘Healing the Past or Harming the Future? Large Natural Groupings and the Waitangi Settlement Process’ New Zealand Journal of Public and International Law (Vol 2, No 2 2004), p259 ff; ’Making Sense of the Foreshore and Seabed’ (Wellington, 2004) (co-author).
Memberships
ALBA (Executive Committee Member); COMBAR.
Education
University of Oxford (2007 BCL (Distinction); 2008 MPhil (Law); 2012 DPhil (Law). Victoria University of Wellington (2003 BA Political Science, LLB (1st))
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Testimonials
Collated independently by Legal 500 research team.
- 'The clerking was friendly and helpful.'
- 'Tony Burgess and Jo Francis are very good, Kate Trott also.'
- 'Jo Francis is very on the ball.'
- 'Tony Burgess is good and highly responsive. Jo Francis is very good.'
- 'They are great team players. Very hard-working, thoughtful, all over the detail yet with a good eye for strategy.'
- 'Brick Court has in depth expertise and experience in public law and also commercial law matters.'
- 'Brick Court is the standout public law set and has fantastic strength in depth.'
- 'I think that sanctions as a distinct area of practice launched with Brick Court around 2009. It is responsible for creating this new area of law.'