Anthony Jones has a broad practice in commercial law, international arbitration, public and human rights law, and public international law.

Anthony is recognized by Legal 500 (2019) as a leading junior in Civil Liberties and Human Rights for his ‘unparalleled ability to digest a significant amount of complex information in a short period of time, and develop insightful and compelling arguments.’

Anthony has extensive experience before domestic and international tribunals, with current and recent instructions before the Supreme Court and Court of Appeal, the European Court of Human Rights, the EU Courts, and ICSID arbitral tribunals, as well as in a range of offshore jurisdictions (St Vincent, Antigua, and the Isle of Man). He has also acted in cases before the Court of Justice of the Economic Community of West African States, and has experience of the UN Special Procedures human rights mechanisms.

Alongside his practice, Anthony teaches law at the London School of Economics, and is a Research Visitor at the Bonavero Institute of Human Rights at Oxford University.

In the last year, Anthony has acted in a number of important cases, led and unled, including:

  • Khanty-Mansiysk Recoveries Ltd v Forsters LLP [2018] EWCA Civ 89 and [2016] EWHC 522 (Comm) – acted for the successful defendant to a £75 million claim arising out of investments in Russia, selected as one of The Lawyer’s Top 20 Cases
  • R (Campaign Against Arms Trade) v Secretary of State for International Trade [2017] EWHC 1754 (Admin); [2017] HRLR 8 – acting for leading NGOs in the challenge to UK arms exports to Saudi Arabia for use in the Yemen conflict, and retained for the appeal in 2018
  • BPE Solicitors v Hughes-Holland [2017] 2 WLR 1029 (UKSC) – acted for the successful appellant in this ground-breaking case before the Supreme Court concerning the SAAMCo approach to the scope of professional duties
  • Re Edwardian Group Ltd [2018] EWHC 1715 (Ch) – acted for the successful minority shareholder in a seven-week unfair prejudice petition, with a potential value of hundreds of millions of pounds, regarding the management of the UK’s largest family-owned hotel group
  • Arbitration claim against a Central Asian State (ICSID, 2018) – acting for the investor in an ICSID claim (the first against this State) concerning expropriation of business assets and violation of a series of high-value construction concessions
  • Aleksey Navalnyy v Russian Federation (European Court of Human Rights, 2018) – acting in the challenge brought by the incarcerated Russian opposition leader, Aleksey Navalnyy, against the extension of defamation liability under Russian law to online platforms
  • T-677/17 ClientEarth v European Commission (General Court of the EU, 2018) – acting as sole counsel in the EU General Court in a challenge to the European Commission’s revised diesel emissions framework raising the compliance of EU law with the EU’s public international law obligations under the UN Aarhus Convention.

Qualifications & Memberships

Anthony holds a BA in Law with First Class Honours and prizes from University College, Oxford. He also holds an MA and BA in Classical Chinese with First Class Honours and the University Medal (first in year) from the University of Sydney, and a Diploma in Chinese from Beijing Yuyan Daxue (University of Languages and Cultures). Anthony was ranked Outstanding on the BPTC, for which he held the top scholarship from Middle Temple.

Previous Experience

Prior to coming to the bar, Anthony worked for five years in the civil service in Australia, acting as special advisor to the former Australian Foreign Minister and Premier of New South Wales, and the former Attorney-General of New South Wales.

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Areas of Expertise

Commercial

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Anthony has a thriving practice across a broad range of commercial litigation, with specialisms in offshore finance, company disputes, and international sale of goods claims.

He has undertaken extensive led work in the Commercial Court and Court of Appeal, and frequently acts as sole counsel in the QBD and Chancery Division. Anthony often deals with claims arising out of offshore financial disputes: recent work includes substantial claims brought by and against liquidators of failed offshore banks in Antigua (Stanford International Bank) and St Vincent (Re Horizon Bank), and a substantial Isle of Man claim involving alleged fraud by fund managers (JP SPC v Turnstone and Peacock).

Anthony has a wide experience of company claims, recently acting as a junior in Re Edwardian Group Ltd (a seven-week Chancery Division unfair prejudice petition, with a potential value of hundreds of millions of pounds, regarding the largest family-owned hotel group in the UK) and as sole counsel in the High Court in a multi-million pound dispute regarding the beneficial ownership of shares following a complex series of transfers between nominees and allegations of forged and back-dated transfers.

Anthony also has particular experience of international sale of goods claims raising jurisdictional and choice of law points: recent and current cases involve Chinese, Scandinavian, Spanish, Russian, and Eastern European parties.

Cases

Re Edwardian Group Ltd [2018] EWHC 1715 (Ch)

Acted (with Justin Fenwick QC) in a seven-week Chancery Division for the minority shareholders in an unfair prejudice...

Re Edwardian Group Ltd [2018] EWHC 1715 (Ch)

Acted (with Justin Fenwick QC) in a seven-week Chancery Division for the minority shareholders in an 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 alleges 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; a trial of quantum is listed for late 2018.

Khanty Mansiysk Recoveries v Forsters [2018] EWCA Civ 89; [2018] PNLR 20 and [2016] EWHC 522 (Comm)

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Khanty Mansiysk Recoveries v Forsters [2018] EWCA Civ 89; [2018] PNLR 20 and [2016] EWHC 522 (Comm)

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.

McGill v Sports and Entertainment Media Group and ors (QBD, 2017)

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McGill v Sports and Entertainment Media Group and ors (QBD, 2017)

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.

Re Horizon Bank (Eastern Caribbean Supreme Court, 2018)

Acting (with Justin Fenwick QC) in proceedings brought by an alleged creditor against the liquidator of an offshore b...

Re Horizon Bank (Eastern Caribbean Supreme Court, 2018)

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 raises 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.

International Sale of Goods Claim Involving Finnish and Chinese parties (QBD, 2017)

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International Sale of Goods Claim Involving Finnish and Chinese parties (QBD, 2017)

Advising and acting 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).

JP SPC v Turnstone and Peacock (Isle of Man Court of Appeal, 2017)

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JP SPC v Turnstone and Peacock (Isle of Man Court of Appeal, 2017)

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.

Company Sale and Purchase Dispute (Chancery Division, 2016)

Acted as sole counsel in a million pound commercial dispute in the Chancery Division relating to the beneficial owner...

Company Sale and Purchase Dispute (Chancery Division, 2016)

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.

Adams v Atlas International Property Services Ltd (QBD, 2015)

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Adams v Atlas International Property Services Ltd (QBD, 2015)

Acting 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

Stanford International Bank (Commercial Court, 2015)

Instructed (with Justin Fenwick QC and Katie Powell) in relation to a series of interim proceedings brought on behalf...

Stanford International Bank (Commercial Court, 2015)

Instructed (with Justin Fenwick QC and Katie Powell) 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.

C v C (Birmingham County Court, 2016)

Advising and acting as sole counsel in a four-day trial for the successful claimant in a quarter-million pound contra...

C v C (Birmingham County Court, 2016)

Advising and acting 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.

International Arbitration

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Anthony regularly acts in cases before international arbitral tribunals, with a particular focus on investment treaty arbitration. He is currently instructed for the investors in two ICSID claims against different Central Asian States, raising complex jurisdictional issues regarding recourse to domestic remedies and the definition of investments, and the full range of substantive issues, including expropriation, fair and equitable treatment, and exercise of State police powers. Anthony is also instructed in a ground-breaking freedom of expression intervention in an investment treaty arbitration regarding expropriation of media investments in a North African State. In addition, Anthony has general experience in international commercial arbitration, and has assisted as a junior in LCIA and ICC arbitrations, as well as the enforcement and related proceedings to which they give rise.

Anthony writes and speaks regularly on international arbitration, in the past year addressing the 2017 Beijing Arbitration Commission conference, guest lecturing in investment treaty law in Turkey, and co-authoring the forthcoming text The ICSID Convention, Rules, and Regulations: A Commentary (2018).

Cases

Investor Claim Against Central Asian State (ICSID, 2018)

Acting as junior counsel for the investor in a ground-breaking £30 million ICSID claim against a Central Asian State...

Investor Claim Against Central Asian State (ICSID, 2018)

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.

Investor Claim Against Central Asian State (2017-18)

Acting as junior counsel for the investor in a £50 million ICSID expropriation and unfair treatment claim. The claim...

Investor Claim Against Central Asian State (2017-18)

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.

Intervention in Investor Claim Against North African State (2017-18)

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Intervention in Investor Claim Against North African State (2017-18)

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.

International Shipping Arbitration Negligence Claim (Commercial Court, 2017-18)

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International Shipping Arbitration Negligence Claim (Commercial Court, 2017-18)

Acting (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 raises complex questions of conflict of English and Japanese arbitral laws, as well as the merits of challenges to arbitral awards in both jurisdictions.

LCIA Arbitration Regarding Multi-Million Dollar International Sale of Goods Dispute (2013-14)

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LCIA Arbitration Regarding Multi-Million Dollar International Sale of Goods Dispute (2013-14)

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.

LCIA Arbitration Regarding Purchase of Russian Oil Concessions (2014)

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LCIA Arbitration Regarding Purchase of Russian Oil Concessions (2014)

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.

La Générale des Carrières et des Mines v FG Hemisphere Associates [2013] 1 All ER 409 (PC)

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La Générale des Carrières et des Mines v FG Hemisphere Associates [2013] 1 All ER 409 (PC)

Advising 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.

Professional Liability

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Anthony has quickly established a leading reputation as a junior in the field of professional liability, with a particular focus on the liability of lawyers and financial professionals, and broad experience of all types of property claims. Anthony has been involved as a junior in a number of the leading cases in recent years, including the Supreme Court’s recent confirmation of the SAAMCo approach to the scope of duty in BPE Solicitors v Hughes-Holland and the Court of Appeal proceedings in Brown v InnovatorOne. He recently acted in the Court of Appeal and Commercial Court successfully defending a £75 million Russian investment claim named one of The Lawyer’s Top 20 cases (Khanty-Mansiysk Recoveries v Forsters).

Anthony is frequently instructed in relation to disputes arising out of secured lending transactions, particularly those raising novel questions of costs of funding, trust remedies, and multi-party contribution actions. He also has a detailed understanding of investment and insurance broking disputes (most recently acting as sole counsel in the QBD in a million pound claim settled in late 2017), and advises clients regularly on the operation of the Financial Services Compensation Scheme and the Financial Ombudsman Service.

Anthony is a member of the Executive Committee of the Professional Negligence Bar Association, and is a co-author of the leading practitioner’s text, Jackson & Powell on Professional Liability (8th ed).

Cases

Khanty Mansiysk Recoveries v Forsters [2018] EWCA Civ 89; [2018] PNLR 20 and [2016] EWHC 522 (Comm)

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Khanty Mansiysk Recoveries v Forsters [2018] EWCA Civ 89; [2018] PNLR 20 and [2016] EWHC 522 (Comm)

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.

BPE Solicitors v Hughes-Holland [2017] 2 WLR 1029 (UKSC)

Instructed as a junior (with Roger Stewart QC and Scott Allen) for the Supreme Court stage of this significant litiga...

BPE Solicitors v Hughes-Holland [2017] 2 WLR 1029 (UKSC)

Instructed as a junior (with Roger Stewart QC and Scott Allen) for the Supreme Court stage of this significant litigation concerning the scope of professional duties of care, in which the Supreme Court upheld the SAAMCo approach to scope of duty and the recovery of damages.

Muduroglu v Stephenson Harwood [2017] EWHC 29 (Ch)

Acted as junior counsel (with Ben Hubble QC) in interim proceedings dealing, inter alia, with the impact of admi...

Muduroglu v Stephenson Harwood [2017] EWHC 29 (Ch)

Acted as junior counsel (with Ben Hubble QC) in interim proceedings dealing, inter alia, with the impact of admitted breaches of standstill agreements on the running of time for limitation purposes. Retained for substantive proceedings in 2018.

South Staffs Industries v Backhouse (Court of Appeal, 2017-18)

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South Staffs Industries v Backhouse (Court of Appeal, 2017-18)

Instructed for the respondents (with Ben Patten QC) before the Court of Appeal in relation to an appeal brought by financial advisers liable for the return of funds following the failure of tax mitigation investment schemes. The appeal raises complex issues of counter-restitution and equitable accounting.

International Shipping Arbitration Negligence Claim (Commercial Court, 2017-18)

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International Shipping Arbitration Negligence Claim (Commercial Court, 2017-18)

Acting (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 raises complex questions of conflict of English and Japanese arbitral laws, as well as the merits of challenges to arbitral awards in both jurisdictions.

JP SPC v Turnstone and Peacock (Isle of Man Court of Appeal, 2017)

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JP SPC v Turnstone and Peacock (Isle of Man Court of Appeal, 2017)

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.

Mortgage Agency Number One v Edward Symmons (Commercial Court, 2013)

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Mortgage Agency Number One v Edward Symmons (Commercial Court, 2013)

Instructed as junior counsel (with Jamie Smith QC) in the defence to a multi-million pound valuers’ claim raising issues of the recoverability of break costs on lenders’ fixed-for-floating interest rate swaps.

Adams v Ford, Keydata Investment Services and ors (Commercial Court, 2013)

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Adams v Ford, Keydata Investment Services and ors (Commercial Court, 2013)

Acted as junior counsel in the defence to a multi-million pount claim in the Commercial Court by more than 100 investors in technology based tax mitigation investment schemes.

Brown and ors v InnovatorOne and ors (Court of Appeal, 2012)

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Brown and ors v InnovatorOne and ors (Court of Appeal, 2012)

Instructed as junior counsel (with Ben Hubble QC and Nicole Sandells) in the Court of Appeal proceedings arising from this landmark professional liability by more than 500 investors in tax mitigation schemes. The appeal had a particular focus on the solicitors’ liability pursuant to constructive and Quistclose trusts for dealings with monies held in client accounts.

Public Law and Human Rights

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Anthony is recognized by Legal 500 (2019) as a leading junior in Civil Liberties and Human Rights for his ‘unparalleled ability to digest a significant amount of complex information in a short period of time, and develop insightful and compelling arguments.’

Anthony is frequently instructed in high-profile judicial review and human rights matters, with a particular focus on media and freedom of expression work. He has acted in more than a dozen claims before the European Court of Human Rights, as well as before other international human rights tribunals and the UN Special Procedures mechanisms. Cases include Navalnyy v Russia (acting in the challenge by the Russian opposition leader Aleksey Navalnyy to defamation liability for his online journalism platform), Ganbarova v Azerbaijan (a challenge to the lawfulness of travel bans on journalists), Mandli v Hungary (a challenge to restrictions on reporting in Parliament), and Federation of African Journalists v The Republic of The Gambia (a ground-breaking human rights claim in the Court of Justice of the Economic Community of West African States).

On the domestic front, Anthony’s experience as junior counsel to the Coroner for the Hillsborough Stadium Inquests throughout 2014-16 (the longest and largest inquests in British history) places him among only a handful of specialist junior counsel at the bar in the fields of coronial law and procedure. Accordingly, he is regularly instructed on behalf of coroners and interested parties in inquests and related judicial review proceedings.

Alongside his practice, Anthony has recently been appointed a Research Visitor at the Bonavero Institute of Human Rights at Oxford, and publishes widely on human rights law. His most recent articles relate to the locus standi of NGOs under the African Charter ((2017) 17(1) African Human Rights Law Journal 321) and the human rights liability of multinational financial institutions ((2016) 31(6) Journal of International Banking and Financial Law 353).

Cases

Navalnyy v Russia (ECtHR)

Acting as junior counsel on behalf of a coalition of European media and internet organizations in this ground-breakin...

Navalnyy v Russia (ECtHR)

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.

R (Campaign Against Arms Trade) v Secretary of State for International Trade [2017] EWHC 1754 (Admin); [2017] HRLR 8 and Court of Appeal (2018)

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R (Campaign Against Arms Trade) v Secretary of State for International Trade [2017] EWHC 1754 (Admin); [2017] HRLR 8 and Court of Appeal (2018)

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 2018.

Ganbarova v Azerbaijan (ECtHR, 2018)

Acting as junior counsel on behalf of the leading human rights organization, Article 19, in proceedings brought by fo...

Ganbarova v Azerbaijan (ECtHR, 2018)

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.

Mahmudov v Azerbaijan (ECtHR)

Acting as junior counsel for the applicant, a leading Azeri journalist subject to unexplained travel bans which preve...

Mahmudov v Azerbaijan (ECtHR)

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.

Anopa Investments v Cyprus (ECtHR)

Instructed (with Cherie Blair CBE QC) for the applicant investment company in a ground-breaking multi-million Euro cl...

Anopa Investments v Cyprus (ECtHR)

Instructed (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.

Mandlí and ors v Hungary (ECtHR)

Acting as junior counsel on behalf of a coalition of leading European media organizations in a claim brought on behal...

Mandlí and ors v Hungary (ECtHR)

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.

Re HM Senior Coroner for North West Wales [2017] EWHC 2557 (Admin); [2018] ACD 1

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Re HM Senior Coroner for North West Wales [2017] EWHC 2557 (Admin); [2018] ACD 1

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.

Hillsborough Stadium Inquests (2013-16)

Acted (with Jonathan Hough QC) for the Coroner in the new inquests into the 96 deaths resulting from the Hillsborough...

Hillsborough Stadium Inquests (2013-16)

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.

Magyar Jeti Zrt v Hungary (ECtHR)

Acting for the Internet company Mozilla in this ground-breaking case relating to the compatibility of freedom of expr...

Magyar Jeti Zrt v Hungary (ECtHR)

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.

HSH Nordbank v Republic of Turkey (ECtHR)

Acting (with Can Yeginsu) for a leading European bank in a US$75 million property rights claim challenging the Turkis...

HSH Nordbank v Republic of Turkey (ECtHR)

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.

Complaint to UN Special Rapporteur on Cultural Rights (2016)

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Complaint to UN Special Rapporteur on Cultural Rights (2016)

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.

Federation of African Journalists and ors v The Republic of The Gambia (ECOWAS Court of Justice, 2016-17)

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Federation of African Journalists and ors v The Republic of The Gambia (ECOWAS Court of Justice, 2016-17)

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.

Bureau of Investigative Journalists and Ross v United Kingdom (ECtHR)

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Bureau of Investigative Journalists and Ross v United Kingdom (ECtHR)

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

Big Brother Watch v United Kingdom (ECtHR)

Acting for leading American NGOs intervening in the challenge to the lawfulness of the UK government’s participatio...

Big Brother Watch v United Kingdom (ECtHR)

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.

R (David Miranda) v Home Secretary and Commissioner of Police for the Metropolis [2014] 1 WLR 3140 (Div Ct); [2016] 1 WLR 1505 (CA)

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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. 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.

Public International Law

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Anthony has a growing practice in public international law, covering advisory and contentious work for individuals, NGOs, and State organs in the UK courts and a range of international tribunals, including ICSID arbitrations, the EU courts, and the UN Special Procedures mechanisms. His work covers customary international law, investment treaties, State immunity and responsibility, and the law of international organizations. Remarkably for a junior of his call, Anthony has been instructed on five occasions as sole counsel before the EU General Court in Luxembourg in matters raising the compliance of EU institutions with their public international law obligations in the fields of environmental and refugee law.

Anthony writes and speaks regularly on public international law and investment treaty arbitration, in the last year addressing the 2017 Beijing Arbitration Commission conference, and co-authoring the forthcoming text The ICSID Convention, Rules, and Regulations: A Commentary (2018).

Cases

R (Campaign Against Arms Trade) v Secretary of State for International Trade [2017] EWHC 1754 (Admin); [2017] HRLR 8 and Court of Appeal (2018)

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R (Campaign Against Arms Trade) v Secretary of State for International Trade [2017] EWHC 1754 (Admin); [2017] HRLR 8 and Court of Appeal (2018)

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 2018.

Investor Claim Against Central Asian State (ICSID, 2018)

Acting as junior counsel for the investor in a ground-breaking £30 million ICSID claim against a Central Asian State...

Investor Claim Against Central Asian State (ICSID, 2018)

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.

Investor Claim Against Central Asian State (2017-18)

Acting as junior counsel for the investor in a £50 million ICSID expropriation and unfair treatment claim. The claim...

Investor Claim Against Central Asian State (2017-18)

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.

T-677/17 ClientEarth v European Commission (EU General Court, 2017-18)

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T-677/17 ClientEarth v European Commission (EU General Court, 2017-18)

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.

T-193/16 & C-209/17 P NG v European Council (EU General Court, 2017; CJEU appeal, 2018)

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T-193/16 & C-209/17 P NG v European Council (EU General Court, 2017; CJEU appeal, 2018)

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.

Intervention in Investor Claim Against North African State (2017-18)

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Intervention in Investor Claim Against North African State (2017-18)

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.

T-436/17 ClientEarth, European Environmental Bureau and ors v European Commission (EU General Court, 2017-18)

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T-436/17 ClientEarth, European Environmental Bureau and ors v European Commission (EU General Court, 2017-18)

Currently acting 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.

T-108/17 ClientEarth v European Commission and European Chemicals Agency (EU General Court, 2017-18)

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T-108/17 ClientEarth v European Commission and European Chemicals Agency (EU General Court, 2017-18)

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 coalition of international NGOs on the UK’s use of force in Syria (2017-18)

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Advising coalition of international NGOs on the UK’s use of force in Syria (2017-18)

Currently 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.

La Générale des Carrières et des Mines v FG Hemisphere Associates [2013] 1 All ER 409 (PC)

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La Générale des Carrières et des Mines v FG Hemisphere Associates [2013] 1 All ER 409 (PC)

Advising 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.

Federation of African Journalists and ors v The Republic of The Gambia (ECOWAS Court of Justice, 2016-17)

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Federation of African Journalists and ors v The Republic of The Gambia (ECOWAS Court of Justice, 2016-17)

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.

Disciplinary

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Anthony has a growing practice in professional discipline work, acting both for regulators and professionals. His experience embraces advisory and contentious work relating to solicitors, barristers, accountants, health care professionals, and professional sportspeople across a range of sports. Further, Anthony has experience of judicial review challenges to tribunal decisions, recently assisting in the case of Lewin v Financial Reporting Council which concerned the questions of publication of decisions, privacy and reputation rights of non-parties, and ‘Maxwellization.’

Cases

Lewin v Financial Reporting Council [2018] EWHC 446 (Admin)

Acted as a junior on behalf of interested parties to a judicial review brought against the publication by the Financi...

Lewin v Financial Reporting Council [2018] EWHC 446 (Admin)

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.

 

that the FRC was not entitled to publish its report without, at least, going through a process of ‘Maxwellization’ whereby he would have the opportunity

ACCA Disciplinary Proceedings (2017)

Acted as sole counsel on behalf of accountants facing a range of serious disciplinary charges before the Disciplinary...

ACCA Disciplinary Proceedings (2017)

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.

SRA Proceedings Concerning Inflated Billings (Admin Court, 2016)

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SRA Proceedings Concerning Inflated Billings (Admin Court, 2016)

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.

Health and Care Professions Council Fitness to Practise Challenge (2013)

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Health and Care Professions Council Fitness to Practise Challenge (2013)

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.

Insurance & Reinsurance

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Anthony has broad experience in insurance and reinsurance work, with a focus on coverage disputes and avoidance, acting both for insurers and insureds. He also frequently acts in and advises on subrogated recovery claims on behalf of insurers in respect of high-value losses. Recent work includes advising insurers on the scope of cover in relation to a serious of business interruption 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 relating to the prior practice, acting on behalf of insurers bringing subrogated flood damage claims, and advising on a challenge to an insurer’s assertion of non-disclosure as a reason for avoiding a substantial fire damage claim.

VAT registration number: 160382330