Anthony Jones

Acted (with Justin Fenwick QC) in the Chancery Division for the minority shareholders in a seven-week unfair prejudice petition, with a potential value of hundreds of millions of pounds, regarding the largest family-owned hotel group in the UK. The claim alleged that the majority shareholders have failed to address a series of breaches of fiduciary duty on the part of the CEO, preferring his interests to those of the minority. Judgment on liability successfully obtained; judgment on quantum expected mid 2019.

Acted (with Jamie Smith QC) for the successful defendant in the Commercial Court and Court of Appeal in resisting a £75 million claim arising out of an oil exploration investment in Russia. The case was identified as one of The Lawyer’s Top 20 Cases of 2016.

Acted (with Richard Liddell) for the successful claimant in a million pound loss of a chance claim relating to football agents’ commission payments on a Premier League transfer. Also successful in obtaining costs orders on the indemnity basis.

Acting (with Justin Fenwick QC) in proceedings brought by an alleged creditor against the liquidator of an offshore bank based in St Vincent and the Grenadines. The claim raised a range of complex issues including the proper status of a Bermudan decision in the St Vincent liquidation, and the role of issue estoppel and res judicata in creditors’ proofs of debt, particularly where judgments have been subject to compromised appeals.

Advised and acted as sole counsel in the QBD on behalf of the defendant Finnish and Chinese apparel manufacturers and suppliers in a quarter million pound international sale of goods dispute. This case required extensive work with contractual and company documents in Chinese (which Anthony speaks and reads).

Acted (with Jamie Smith QC) in the first instance and appeal proceedings in a substantial claim in the Isle of Man in relation to the collapse of a series of investment funds in the Cayman Islands.

Acted as sole counsel in a million pound commercial dispute in the Chancery Division 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 junior counsel (with Ben Elkington QC) in a long-running multiparty dispute involving the marketing, in the UK and throughout the EU, of property development investments in Spain, involving a range of complex issues of jurisdiction and conflicts of laws.

Acted (with Justin Fenwick QC) in relation to a series of interim proceedings brought on behalf of the Antiguan liquidators of the collapsed Stanford International Bank bringing claims against multinational correspondent banks alleged to have facilitated a multi-billion dollar fraud.

Advised and acted as sole counsel in a four-day trial for the successful claimant in a quarter-million pound contractual and proprietary estoppel claim relating to the transfer of ownership of assets between generations of the same family. Also successful in obtaining indemnity costs.

Acting as junior counsel for the investor in a ground-breaking £30 million ICSID claim against a Central Asian State, the first claim brought against the country under the relevant BIT. The claim, relating to expropriated infrastructure and breaches of contract, raises a series of jurisdictional complexities, including the meaning of ‘investment’ with respect to concession contracts and the application of umbrella clauses by way of most-favoured nation protections.

Acting as junior counsel for the investor in a £50 million ICSID expropriation and unfair treatment claim. The claim raises significant public international law issues with respect to treaty interpretation under the Vienna Convention on the Law of Treaties, and is likely to have a significant impact on future investment claims against the State, since previous ICSID tribunals have disagreed over the meaning of key jurisdictional provisions of the relevant BIT.

Acting as junior counsel instructed for a coalition of leading human rights organizations intervening in an ICSID claim brought by a media corporation against a North African State following actions taken by that State which affected the corporation’s ability to continue operations within the country. The intervention focuses on the emerging question in international investment treaty law of the extent to which a State’s human rights obligations may be imported into, and influence, BIT investor protections.

Acted (with David Halpern QC) on behalf of an international shipping firm in a multi-million pound claim against a leading international law firm with respect to the conduct of parallel international arbitration proceedings (ad hoc proceedings in England and proceedings before the Tokyo Maritime Arbitration Commission). The claim raised complex questions of conflict of English and Japanese arbitral laws, as well as the merits of challenges to arbitral awards in both jurisdictions.

Acted on behalf of the Chinese manufacturer responding to a multi-million pound international sale of goods LCIA arbitration claim brought by the liquidators of an Indian/UK textiles conglomerate. The claim raised the full suite of typical commercial issues, including conformity with sample, conditions for acceptance, and rights to reject.

Acted on behalf of the respondent minority shareholder in a Cypriot holding company opposing the attempt by the majority shareholder to take control of relevant Russian oil concessions without compensation. The claim raised a series of complex questions about the construction and interplay of different inter-company agreements with the minority shareholder’s statutory protections under English law.

Advised on the application of the doctrine of State immunity to proceedings before the Privy Council regarding the execution of a substantial ICC arbitration award brought against the Channel Island assets of a State-owned mining corporation in the Democratic Republic of Congo.

Acting as junior counsel on behalf of a coalition of European media and internet organizations in this ground-breaking case brought by the Russian opposition leader, Aleksey Navalnyy, convicted for defamation as a result of posting online links to reports regarding a multi-billion rouble corruption scandal. The case raises, for the first time, the question of whether or not an individual should be liable for hyperlinking to allegedly defamatory contention available elsewhere online, and has significant implications for the whole field of online journalism in Europe.

Acting (with Jemima Stratford QC) on behalf of Amnesty International, Human Rights Watch, and Rights Watch (UK) in judicial review proceedings challenging the lawfulness of the UK government’s grant of export licences allowing for provision of military technology to Saudi Arabia for use in the conflict in Yemen. Retained for the appeal in April 2019.

Acting as junior counsel on behalf of the leading human rights organization, Article 19, in proceedings brought by four Azerbaijani journalists which represent the first time that the lawfulness of travel bans imposed upon journalist have been challenged under the European Convention. In addition to expanding the jurisprudence on Article 10 violations, this case is expected to become an important precedent regarding the scope of Article 18, which deals with the legitimacy of the purposes for which States are entitled to restrict rights under the Convention.

Acting as junior counsel for the applicant, a leading Azeri journalist subject to unexplained travel bans which prevented him leaving Azerbaijan and led to his arbitrary detention. The case follows a series of other high-profile instances of repression of the media by the Azerbaijan government, including the case of Ganbarova v Azerbaijan, (in which Anthony is also instructed), and is one of the first opportunities for the European Court of Human Rights to determine the legality of travel restrictions in the specific context of freedom of the media.

Acting (with Cherie Blair CBE QC) for the applicant investment company in a ground-breaking multi-million Euro claim against Cyprus regarding alleged violations of the right to property under Article 1 of the First Protocol to the European Convention, and of due process rights under Article 6 of the Convention, arising out of the Supreme Court of Cyprus’s interpretation of the rules of equitable property ownership under Cypriot common law.

Acting as junior counsel on behalf of a coalition of leading European media organizations in a claim brought on behalf of a number of Hungarian journalists forbidden from entering and reporting from parliamentary premises. The issues raised by the case are of increasing public importance considering an alarming trend of parliaments inside and outside Europe restricting the media from accessing and reporting on parliamentary proceedings, which is typically one of the few areas enjoying privilege from defamation proceedings.

Advised and acted as sole counsel on behalf of HM Senior Coroner for North West Wales in proceedings to quash a historic inquest and re-open the investigation into a certain unidentified remains on the grounds of fresh evidence under section 13 of the Coroners Act 1988. Subsequently instructed on a series of further applications relating to historic missing persons and unidentified remains.

Acted (with Jonathan Hough QC) for the Coroner in the new inquests into the 96 deaths resulting from the Hillsborough Stadium disaster in April 1989. The inquest hearing lasted for more than two years, heard live testimony from hundreds of witnesses, and reviewed hundreds of thousands of pages of evidence, making the inquest the longest and largest in British history. As junior counsel to the Coroner, Anthony was involved in the questioning witnesses and advising the Coroner and Solicitors to the Inquests on a wide range of public law and human rights issues raised in the course of the hearings, and the compliance of evidence handling with the article 8 rights of witnesses and interested persons.

Acting for the Internet company Mozilla in this ground-breaking case relating to the compatibility of freedom of expression rights with defamation liability under Hungarian law for websites which host third party online content.

Acting (with Can Yeginsu) 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.

Acted on behalf of an international archeological charity, ARCH International, in a complaints brought before the UN Special Rapporteur on Cultural Rights and the UNESCO Committee System with respect to the Greek government’s inadequate protection of a fragile cultural heritage site – the underwater city of Pavlopetri – by allowing commercial shipping to use the bay in which the site in located for anchorage and works. The complaint argues that the Greek government’s actions constitute breaches of the International Covenant on Economic, Social, and Cultural Rights, and is inconsistent with the site’s recognition as part of the world’s Underwater Cultural Heritage by UNESCO.

Acted as junior counsel (with Can Yeginsu) on behalf of a leading African journalism union and leading Gambian journalists in the successful challenge before the regional ECOWAS Court of Justice against treatment by the former Jammeh regime in The Gambia, in breach of The Gambia’s obligations at customary international law and under various multilateral treaties, including the Revised ECOWAS Treaty, the African Charter, and the ICCPR.

Acting for leading American NGOs intervening in the challenge to the lawfulness of the UK’s contribution to worldwide government systems of communications interception.

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.

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. The Court of Appeal issued a rare declaration of incompatibility, concluding that the Terrorism Act power used were incompatible with Article 10 of the European Convention.

Acting (with Jemima Stratford QC) on behalf of Amnesty International, Human Rights Watch, and Rights Watch (UK) in judicial review proceedings challenging the lawfulness of the UK government’s grant of export licences allowing for provision of military technology to Saudi Arabia for use in the conflict in Yemen. The claim raises a series of public international law questions, including the potential complicity liability of the UK for the actions of Saudi Arabia pursuant to the Articles on State Responsibility, Common Article 1 of the Geneva Conventions, and the provisions of the Arms Trade Treaty. Retained for the appeal in April 2019.

Acting as junior counsel for the investor in a ground-breaking £30 million ICSID claim against a Central Asian State, the first claim brought against the country under the relevant BIT. The claim, relating to expropriated infrastructure and breaches of contract, raises a series of jurisdictional complexities, including the meaning of ‘investment’ with respect to concession contracts and the application of umbrella clauses by way of most-favoured nation protections.

Acting as junior counsel for the investor in a £50 million ICSID expropriation and unfair treatment claim. The claim raises significant public international law issues with respect to treaty interpretation under the Vienna Convention on the Law of Treaties, and is likely to have a significant impact on future investment claims against the State, since previous ICSID tribunals have disagreed over the meaning of key jurisdictional provisions of the relevant BIT.

Acting as sole counsel for the leading environmental NGO, ClientEarth, in a ground-breaking claim before the General Court of the European Union challenging the provisions of the new EU diesel emissions testing regime following the Volkswagen scandal. Those provisions seek to keep environmental testing information confidential, rather than available for review by the public. This claim challenges the EU Court’s rules regarding the standing of public interest groups to bring direct challenges before the Court, and challenges the compliance of the prior approach of the Court with the public international law obligations of the EU itself, as set out in the UN Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.

Acting as sole counsel acting for Amnesty International intervening in the challenge to the deal between the European Council and the Republic of Turkey regarding the transfer of asylum seekers arriving in Greece to Turkey for processing. The intervention argues that the assessment of the lawfulness of the deal under EU asylum legislation and the Charter of Fundamental Rights of the EU requires interpretation of the relevant provisions of the UN Refugee Convention and Protocol governing the circumstances in which, as a matter of international law, asylum seekers may be transferred to third countries.

Acting as junior counsel instructed for a coalition of leading human rights organizations intervening in an ICSID claim brought by a media corporation against a North African State following actions taken by that State which affected the corporation’s ability to continue operations within the country. The intervention focuses on the emerging question in international investment treaty law of the extent to which a State’s human rights obligations may be imported into, and influence, BIT investor protections.

Acted as sole counsel in the EU General Court on behalf of a coalition of international NGOs in a challenge to the European Commission’s ratification of approval of certain toxic chemicals, allegedly in breach of UN environmental treaties.

Acted as sole counsel in a significant claim before the General Court challenging the European Commission’s approach to approving toxic chemicals for use in Europe. The claim alleges that the Commission has acted not only in breach of EU law, but also that the Commission has violated the public international law obligations of the EU as a whole under the UN Aarhus Convention. This is the first case in which the compliance of EU institutions with the Aarhus Convention has been challenged and, as a result, will have a significant impact on the question of the EU’s international law obligations in the future. The General Court heard the case on 6 September 2018, and judgment is expected before the end of the year.

Advising a range of organizations, including Columbia University Law School, the International Commission of Jurists, and the American Civil Liberties Union on a substantial project reviewing the UK’s policy with respect to the use of force against non-State actors, particularly in Syria, and considering the compliance of the UK’s approach with customary international law and treaty obligations. The UK’s military action in Syria (particularly its use of armed drones to attack ISIL targets and its cooperation with other States, including the United States in a similar airstrike campaign) raises a series of novel issues with respect to the evolving definition of self-defence at international law and the attribution of State responsibility in the modern conflict context. This advice formed the basis of submissions to the UN Human Rights Committee’s Universal Periodic Review of the UK and advocacy before UN Special Rapporteurs and the UK Parliament.

Advised on the application of the doctrine of State immunity to proceedings before the Privy Council regarding the execution of a substantial ICC arbitration award brought against the Channel Island assets of a State-owned mining corporation in the Democratic Republic of Congo.

Acted as junior counsel (with Can Yeginsu) on behalf of a leading African journalism union and leading Gambian journalists in the successful challenge before the regional ECOWAS Court of Justice against treatment by the former Jammeh regime in The Gambia, in breach of The Gambia’s obligations at customary international law and under various multilateral treaties, including the Revised ECOWAS Treaty, the African Charter, and the ICCPR.

Acted (with Ben Hubble QC) in FRC sanctions proceedings raising corporate and individual liability for regulatory breaches arising in the context of multi-year audits of a Lloyds Syndicate.

Acted as a junior on behalf of interested parties to a judicial review brought against the publication by the Financial Reporting Council of its report on a disciplinary case. The claimant (who was the subject of criticism in the report but had not himself been a party to the disciplinary proceedings) argued that publication of the report in the absence of a process of ‘Maxwellization’ where he might make submissions on proposed criticisms constituted a breach of his right to a reputation under Article 8 of the European Convention. The original parties to the disciplinary proceedings, acting as interested parties to the judicial review, successfully argued that the balancing exercise undertaken needed also to take into account their interest, and that of the public, in the published report constituting a full account of the facts, including the claimant’s role.

Acted as sole counsel on behalf of accountants facing a range of serious disciplinary charges before the Disciplinary Committee of ACCA. The facts having been admitted, obtained the lowest available sanction.

Acted as sole counsel for the SRA in the Administrative Court in a matter concerning alleged inflated and invalid billings carried out by both solicitors and barristers, involving a series of transfers of business between firms, as well as the validity of concurrent and amended CFAs.

Advised and acted on behalf of a psychologist facing serious charges and potential striking off before the Health and Care Professions Council Fitness to Practise Directorate as a result of alleged defective record keeping, leading to a negotiated settlement which avoided the serious sanctions.