Anthony has a broad practice in commercial law, professional liability, public and human rights law, and international law. Alongside his practice, Anthony teaches at the London School of Economics.

Commercial: Anthony has a practice that encompasses all areas of commercial dispute resolution, with a particular focus on commercial litigation, fraud, and insurance. He is currently acting in the Court of Appeal in one of The Lawyer’s Top 20 cases for the defendants to a £70 million pound claim arising out of failed investments in Russia, and in the Commercial Court in a long-running dispute relating to agents’  entitlements on the transfer of a Premier League football player (McGill v Sports and Entertainment Media Group). Recent instructions include multi-billion pound litigation brought by liquidators of a major failed offshore bank, a substantial Cayman Islands investment claim arising from apparent fraud by fund managers, and acting on behalf of members of the Saudi royal family in a multi-million pound shareholders’ unfair prejudice petition (Apex v Global Torch). Anthony is a member of COMBAR.

Professional Liability: Anthony has quickly established a substantial reputation in the field of professional liability, acting both for claimants and professionals, with a particular focus on the liability of lawyers, accountants, and financial professionals. Anthony has been involved as a junior in a number of the leading cases in recent years, including the Brown v InnovatorOne Court of Appeal proceedings and the Supreme Court’s recent confirmation of the SAAMCo approach to liability (BPE Solicitors v Hughes-Holland). He is currently instructed before the Court of Appeal in a matter raising novel points of restitution and equitable accounting in the context of failed tax schemes, in the Isle of Man in relation to the collapse of an offshore investment fund, and has recently acted as sole counsel in a million-pound offshore pensions advice claim and claims regarding the recoverability of break costs on lenders’ interest rate swaps. Anthony is a member of the Executive Committee of the Professional Negligence Bar Association, and is a co-author of the leading practitioners’ text, Jackson & Powell on Professional Liability (8th ed).

Public Law and Human Rights: Anthony is regularly instructed in high-profile public and human rights law matters, including a number of cases before the European Court of Human Rights, with a particular focus on matters relating to media freedom. Anthony is currently acting for the interveners in Big Brother Watch v UK and Bureau of Investigative Journalists v UK, the two challenges in the European Court of Human Rights to the UK and US spy agencies’ mass digital surveillance programmes, and also the interveners in Magyar Jeti Zrt v Hungary and Navalnyy v Russia, two further ground-breaking European Court of Human Rights cases relating to free expression in the context of online publishing, the latter case brought by the Russian opposition politician Aleksey Navalnyy. Before the domestic courts, Anthony appeared in R (David Miranda) v Home Secretary and Met Commissioner, where the Court of Appeal found that the use of Terrorism Act powers to detain David Miranda while carrying journalistic material from the Snowden leaks was incompatible with the right to freedom of expression. Anthony also has a busy practice in the field of inquests and public inquiries: throughout 2014 and 2015, Anthony was junior counsel to the Coroner in the Hillsborough Stadium Inquests, the longest inquests in British history, and he has recently been appointed counsel to the Coroner of North Wales in relation to the reopening of a series of historic inquests into unidentified persons. He is also a trial observer for the International Bar Association’s Human Rights Institute, responsible for reporting on the trial of former Malaysian Deputy Prime Minister, Anwar Ibrahim.

International Law: Anthony has a growing practice in international law. Recent work includes R (Campaign Against Arms Trade) v Secretary of State for Business, Innovation, and Skills, acting for leading NGOs, including Amnesty International and Human Rights Watch, as interveners in the challenge to the UK’s export of weapons to Saudi Arabia, considering UK State responsibility for Saudi Arabia’s breaches of international humanitarian law. He is also instructed as sole counsel in three significant challenges before the General Court of the European Union: ClientEarth v European Commission, a challenge to the European Commission’s ratification of approval of a chemical in alleged breach of international obligations, including under the Aarhus Convention; Sweden v European Commission, intervening in the Swedish government’s separate challenge to Aarhus Convention compliance of Commission decisions on toxic materials; and NG v European Council, acting for Amnesty International in the challenge to the EU-Turkey refugee transfer deal on the grounds of inconsistency with the UN Refugee Convention and Protocol. Further, Anthony has experience acting before international tribunals against States in breach of international obligations, such as in Federation of African Journalists v The Gambia, acting in the Court of Justice of the Economic Community of West African States for prominent journalists persecuted by the Jammeh regime in The Gambia contrary to international law, and HSH Nordbank v Turkey, the first property rights case before the European Court of Human Rights dealing with the rules of international ship financing.

Previous Experience

Before coming to the bar, Anthony was a special advisor to the Attorney-General of New South Wales, the Australian Foreign Minister and Premier of New South Wales. Alongside his practice, Anthony teaches law at the London School of Economics for which he received the law faculty prize for teaching excellence.

Areas of Expertise

Commercial
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Anthony regularly acts for parties in commercial disputes and has experience in high-value claims in the Commercial Court and Chancery Division. Anthony brings a detailed understanding of the complexities of commercial law from his ongoing academic role as a lecturer in commercial law at the London School of Economics.

Highlights of current and recent instructions include:

  • Acting as junior counsel in a multimillion pound offshore claim arising out of the failure of substantial Cayman Island investment schemes and apparent fraud by fund managers
  • Adams v Ford, Keydata Investment Services
    Acted as junior counsel in the defence to a multi-million pound claim in the Commercial Court by more than 100 investors in failed technology-based tax mitigation investment schemes.
  • Acted as junior counsel in a multi-million pound dispute relating to the proper calculation of monies due under a sale and purchase agreement in respect of a leveraged buy-out of a multinational travel and hospitality industry group.
  • Acting as sole counsel in a half-million pound commercial dispute in the High Court relating to the beneficial ownership of company shares following a complex series of transfers between nominees, involving allegations of forged and back-dated instruments.
  • Acted as sole counsel in the three-day trial of a quarter-million pound commercial dispute in relating to the beneficial ownership of property passed between generations of the same family, raising complex arguments as to resulting and constructing trusts and proprietary estoppel.
  • Acted as sole counsel in a half-million pound High Court dispute relating to claims under guarantees against company directors, settled on favourable terms in 2016.
  • Acted as sole counsel in a range of substantive and appellate proceedings relating to business infrastructure hire and servicing.
  • Acting as sole counsel for a group of Russian clients in respect of a series of substantial sale of luxury goods claims.

Cases

Anthony Jones

Anthony Jones
Anthony Jones

Anthony Jones
Public Law and Human Rights
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Anthony regularly acts in Public Law and Human Rights cases before the domestic courts and the European Court of Human Rights. Recent cases and advisory work include:

  • R (Campaign Against Arms Trade) v Secretary of State for Business, Innovation, and Skills (Admin Court, 2017)
    Acting for Amnesty International, Human Rights Watch, and Rights Watch (UK) intervening in the challenge to the UK’s export of weapons to Saudi Arabia for use in the conflict in Yemen.
  • R (David Miranda) v Home Secretary and Commissioner of Police for the Metropolis [2014] 1 WLR 3140 (Div Ct); [2016] 1 WLR 1505 (CA)
    Acted in the High Court and Court of Appeal on behalf of leading journalism and freedom expression NGOs intervening in the challenge brought to the use of the Terrorism Act 2000 to detain David Miranda when he was carrying material from the Edward Snowden NSA leaks.
  • Acting as sole counsel for HM Coroner for North West Wales in applications before the High Court to quash historic inquest findings following the discovery of fresh identification evidence.
  • Hillsborough Inquests (2013-2016)
    Acted as junior counsel to the Coroner in the inquests into the 96 deaths resulting from the Hillsborough Stadium disaster in April 1989. The inquest hearing was the longest and largest in British history.
  • Big Brother Watch v United Kingdom (European Court of Human Rights)
    Acting for leading American NGOs intervening in the challenge to the lawfulness of the UK government’s participation in the USA spy agencies’ mass digital surveillance regime.
  • Bureau of Investigative Journalism and Ross v United Kingdom (European Court of Human Rights)
    Acting for leading American NGOs intervening in the challenge to the lawfulness of the UK’s contribution to worldwide government systems of communications interception.
  • HSH Nordbank v Turkey (European Court of Human Rights)
    Acting for a leading European bank in a US$75 million property rights claim challenging the Turkish courts’ approach to enforcement proceedings on ship mortgages relating to Turkish-registered vessels. This is the first case before the Court addressing international ship financing.
  • Acting as junior and sole counsel in judicial reviews in various regulatory fields (pharmaceutical regulation, immigration licensing of higher education bodies, local government public procurement).
  • Advising human rights NGOs and individuals on strategic litigation options relating to the UK government’s digital and telecommunications surveillance regimes, including the use by UK police forces of IMSI catcher surveillance technology.

In addition to his practice, Anthony publishes on topics relating to human rights law. In 2016 he co-authored an article on the emerging issue of human rights liabilities of multinational financial institutions ((2016) 31(6) J Intl Banking and Financial Law 353), and has provided training to clients on the application of the Modern Slavery Act 2015 to corporate supply chains.

Before coming to the bar, Anthony was a special advisor to the Attorney-General of New South Wales, and a civil servant in the Cabinet Office in Sydney, providing him with an in-depth understanding of public law and government procedure.

International Law
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Anthony has a growing practice in public international law, and has experience in litigation and advisory work on behalf of individuals and non-governmental organizations. Recent cases and advisory work include:

  • R (Campaign Against Arms Trade) v Secretary of State for Business, Innovation, and Skills (Admin Court, 2017)
    Acting for Amnesty International, Human Rights Watch, and Rights Watch (UK) intervening in the challenge to the UK’s export of weapons to Saudi Arabia for use in the conflict in Yemen. The intervention focuses on the attribution of responsibility at public international law for Saudi breaches of international humanitarian law in its military campaign against the Houthis.
  • NG v European Council (General Court of the EU, 2017)
    Acting as sole counsel for Amnesty International intervening in the challenges to the controversial EU-Turkey refugee transfer deal. The intervention argues that the deal is in breach of the Charter of Fundamental Rights of the EU and the provisions of the UN Refugee Convention and Protocol with respect to the transfer of asylum seekers to third countries.
  • ClientEarth v European Commission (General Court of the EU, 2017)
    Acting as sole counsel for a leading environmental NGO challenging the Commission’s ratification of an approval of a toxic chemical. The challenge raises the Commission’s compliance with its obligations as a matter of public international law, particularly the provisions of the multilateral Aarhus Convention.
  • Federation of African Journalists v The Gambia (ECOWAS Court, 2016)
    Acted for a leading African journalism union and leading Gambian journalists in the challenge before the regional ECOWAS Court against persecution by the Gambian government contrary to the Convention Against Torture, the ICCPR, and the Revised ECOWAS Treaty. Judgment is pending.
  • Advising an international cultural heritage NGO in bringing complaints before the Special Rapporteur for Cultural Rights and the UNESCO committee system in relation to the degradation of a cultural heritage site in Greece by unregulated commercial shipping.
  • Advising on the application of the doctrine of State immunity to proceedings before the Privy Council regarding execution of a substantial ICC arbitral award brought against a State-owned mining corporation.
  • Advising on the implications of diplomatic obligations and immunities under the Vienna Convention on Diplomatic Relations for prospective challenges by protestors against surveillance by foreign authorities operating from within diplomatic premises in London.
  • Acting for the International Bar Association as a Special Rapporteur on the integrity of the appeal proceedings in the Malaysian Court of Appeal and Federal Court relating to sodomy charges against Anwar Ibrahim, former Deputy Prime Minister of Malaysia.
  • Drafting model legislation on behalf of leading European NGOs on gender identity recognition and transgender rights in Slovenia.
  • Drafting a report with leadings NGOs in Ghana for submission to the Ghanaian Parliament’s inquiry as to domestic legislative compliance upon ratification of the UN Convention on the Rights of Persons with Disabilities.

Before coming to the bar, Anthony was a special advisor to an Australian Foreign Minister, providing him with a particular understanding of the mechanics of international treaty making and diplomacy, and the law governing those fields.

Professional Liability
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Anthony has broad experience of litigation and advisory work in relation to professional liability in a range of fields, on behalf of both claimants and defendants. Anthony has a particular expertise in matters relating to claims involving investments and financial advisors, as well as experience in all types of lending and property claims.

Highlights of current and recent instructions include:

  • Khanty-Mansiysk Recoveries v Forsters [2016] EWHC 522 (Comm)
    He is currently instructed as junior counsel on behalf of solicitor defendants to a multi-million pound claim arising out of failed investments, which has been selected as one of the The Lawyer’s Top 20 cases of 2016.
  • Acting as junior counsel in a claim, with a multi-billion pound potential value, brought by liquidators of a major failed offshore investment bank against correspondent banks and professional advisers, alleging civil fraud, negligence, and regulatory breach.
  • Brown v InnovatorOne plc
    Acted as junior counsel for the solicitor respondents in the Court of Appeal proceedings arising from this landmark professional liability claim by more than 500 investors in tax mitigation schemes. The appeal had a particular focus on the solicitors’ liability under constructive and Quistclose trusts in relation to dealings with monies in client accounts.
  • Acted as junior counsel in a £20 million solicitors’ and accountants’ negligence claim by a government department against professional advisors in relation to a long-running outsourcing contract.
  • Acted for claimants and for defendants in mis-selling claims relating to investment funds in Gibraltar and Luxembourg, dealing with issues of private international law and the EU securities prospectuses regime.
  • Acted as sole counsel in a half-million pound claim raising issues on the recoverability of break costs on lenders’ fixed-for-floating interest rate swaps, settled on favourable terms in 2016.
  • Acted as sole counsel on a quarter-million pound investment broking claim in the High Court, settled on favourable terms in 2016.
  • Frequently instructed in relation to disputes arising out of failed secured lending transactions, particularly those raising novel questions of costs of funding, trust remedies, and multi-party contribution actions.
  • Frequently instructed in relation to investment and insurance broking disputes, with a particular experience in the operation of the Financial Services Compensation Scheme and the Financial Ombudsman Service.
Sports Law
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Anthony has broad experience in the commercial, regulatory, and disciplinary aspects of sports law, and accepts instructions to advise and represent governing bodies, athletes, and third parties. Recent work includes:

  • Representing an athlete in a challenge to non-selection for the Rio Olympic Games before the Australian Olympic Committee Appeals Tribunal.
  • Representing professional and amateur rugby players in doping appeals before the Rugby Football Union and Welsh Rugby Football Union panels.
  • Advising a leading rowing club (with substantial membership and assets) on all aspects of its proposed transformation from an unincorporated association to a limited company.
  • Acting in the Motor Sports National Court, instructed both on behalf of the governing body and individual competitors, in a range of investigative and disciplinary hearings.
  • Advising a national governing body, the British Wrestling Association, on a range of constitutional, procedural, disciplinary, and commercial matters including competitor appeals, restructuring of regional affiliates, and the terms of joint ventures with United States commercial fight promoters.
Costs
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Anthony has experience in all areas of costs litigation in the Senior Courts Costs Office, High Court, and County Courts, including appeals before Costs Judges, challenges to provisional assessments, detailed assessments, and costs management hearings. He also has experience in advising on costs matters, including High Court costs budgets, cross-jurisdictional costs issues, CFAs, and the various fixed cost regimes under the CPR.

Insurance & Reinsurance
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Anthony has broad experience in the insurance and reinsurance work, with a focus on coverage disputes, aggregation, avoidance for material non-disclosure and misrepresentation, acting both for insurers and insured. He also frequently acts in and advises upon subrogated recovery claims on behalf of insurers in respect of high-value losses. Alongside his practice, Anthony teaches commercial law at the London School of Economics, including an introduction to the law of insurance, coverage, and aggregation.

Current and recent work in this field includes:

  • Advising on a challenge to an insurer’s assertion of inducement by material non-disclosure as a reason for avoiding cover in a high-value fire damage claim.
  •  Advising insurers on the scope of cover in relation to a series of business interruption insurance policies in the context of underlying flood events.
  • Advising a number of former partners in a solicitors’ practice on the application of the Financial Services Compensation Scheme to claims made under indemnities in insurance policies relating to that prior practice.
  • Frequently advising insurers on cover under legal expenses insurance policies.
  • Acting on behalf of insurers seeking to bring subrogated claims in respect of a number of recent flood damage claims for losses exceeding £1 million.

Qualifications & Memberships

Anthony has an MA and BA in classical Chinese from the University of Sydney with First Class Honours and the University Medal (first in year), and a BA in Law with First Class Honours and prizes from University College, Oxford. He was ranked Outstanding on the BPTC. He is a member of COMBAR and on the Executive Committee of the Professional Negligence Bar Association.

VAT registration number: 160382330