Jessica Wells

Professional practice

Jessica Wells is an experienced lawyer with an established practice in both commercial and international law. Jessica has a particular interest and expertise in public international law, public law, shipping law and international commercial arbitration. In 2017, she was appointed to the Attorney General’s “A Panel” of Public International Law Counsel.

Jessica is currently acting for the Government of South Africa in Argentum Exploration Ltd v The Silver [2022] EWCA Civ 1318 – involving state immunity in relation to a salvage claim arising from a cargo of silver which was sunk in enemy action in 1942. An appeal to the Supreme Court is pending. She is also a member of the Advisory Panel (with Sir Michael Wood KC, Harold Hongju Koh and Payam Akhavan) advising the International Coordination and Response Group for the victims of Flight PS752.

Jessica is experienced in both advisory work and litigation before the domestic courts (including the Supreme Court, Court of Appeal and the High Court) and international tribunals (including the ICJ, ICSID, ICC, LCIA and LMAA). Jessica is described as a “delight and lovely to work with” and having “very impressive written advocacy”, an “absolutely brilliant junior with a very strong background of PIL expertise” and “very good to work with”.

What Others Say

Chambers & Partners UK Bar 2024, Public International Law

“Jessica is very good at the delicate handling of clients.”

Examples of recent cases

Recent notable cases include:

R (oao Campaign Against Arms Trade) v Secretary of State for International Trade [2019] EWCA Civ 1020: Instructed (with Sir James Eadie KC and Jonathan Glasson KC) by the Secretary of State in this ongoing challenge to the licensing of military equipment to Saudi Arabia for use in the conflict in Yemen. In the first proceedings, the Court of Appeal allowed the Claimant’s challenge and directed the Secretary of State to retake her decisions. A second challenge to the Secretary of State’s new decision was heard in January 2023.
Argentum Exploration Ltd v The Silver [2022] EWCA Civ 1318: Instructed (with Christopher Smith KC and Samuel Wordsworth KC) in the pending appeal to the Supreme Court. The case concerns a cargo of silver, belonging to the Government of South Africa, which was sunk during enemy action in 1942 and salved in 2017 – and the issue whether South Africa is entitled to claim immunity in relation to an in rem claim against the silver or whether s.10(4)(a) of the State Immunity Act 1978 provides an exception to that immunity.
Benkharbouche and Janah v United Kingdom (App Nos. 19059/18, 19725/18: Acted for the United Kingdom in these claims under Article 6 and Article 14 of the ECHR. The Supreme Court had held that sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 operated in a way that was incompatible with the applicants’ Convention rights. The applicants sought an award of just satisfaction from the European Court of Human Rights. In light of the Supreme Court’s judgment, the UK accepted that there had been a violation of Articles 6 and 14. It made a unilateral declaration, pursuant to Rule 62A of the Rules of the ECtHR, acknowledging the breaches, undertaking to provide specified sums by way of compensation to the applicants and committing to implementing a Remedial Order to amend the State Immunity Act. Relying on the unilateral declaration, the UK invited the ECtHR to strike out the claims as inadmissible – a request which the ECtHR ultimately declined.
Buttet v United Kingdom (App No. 12917/19): Acted for the United Kingdom in this further claim, arising under the State Immunity Act. Mr Buttet’s employment claim against the French embassy in London had been dismissed on the basis that France was entitled to immunity under the State Immunity Act. Mr Buttet had not challenged that decision, nor sought a declaration of incompatibility. The ECtHR declared Mr Buttet’s claim to be inadmissible on the basis that he had not established that he was a “victim” of any alleged Convention violation.
Gareth Lee v United Kingdom (App No. 18860/19): Acted for the United Kingdom in this application before the European Court of Human Rights. Mr Lee had brought a claim for breach of Northern Ireland’s anti-discrimination laws against a bakery which had refused to supply him with a cake, iced with a message of support for legalizing same sex marriage. Having lost in the Supreme Court, Mr Lee applied to the ECHR, claiming that the Supreme Court’s interpretation of the domestic legislation had infringed his rights under Articles 8, 10 and 14. The Court declared the application inadmissible on the basis that Mr Lee had failed to exhaust domestic remedies before making this application.
Palmali Shipping SA v Litasco SA [2021] EWHC 1161 (Comm): Jessica is instructed (with John Russell KC) by the Claimant in a multi-million dollar claim arising under a Contract of Affreightment.

Arbitration & related court applications

Jessica has acted and advised in arbitrations across a wide range of jurisdictions, including Hong Kong, Singapore and the Dubai International Financial Centre. She has experience of a wide range of institutional rules, including ICC, LCIA, LMAA and UNCITRAL. Jessica also sits as an arbitrator and is a member of the LCIA. Recent instructions include:

Acting for the insured in a multi-million dollar claim against insurers under an insurance contract for Expropriation, Political Violence and Currency Inconvertibility.
Advising a State in relation to a potential claim under the Energy Charter Treaty.
Sitting as arbitrator in various LCIA arbitrations.

Commercial dispute resolution

Jessica advises and acts in a wide range of commercial disputes, both alone and as junior counsel. She has appeared on her own, and as a junior, in a number of tribunals, including the High Court, the Court of Appeal and the Supreme Court.

Recent reported cases include:

Palmali Shipping SA v Litasco SA [2021] EWHC 1161 (Comm): Jessica is instructed (with John Russell QC) by the Claimant in a multi-million dollar claim arising under a Contract of Affreightment.

Human rights & civil liberties

Jessica has acted for the Government of the United Kingdom in a number of applications before the European Court of Human Rights, including Lee v United Kingdom; Benkharbouche and Janah v United Kingdom and Buttet v United Kingdom.

She is also currently instructed by the Government of Azerbaijan in relation to a series of applications brought by and against Armenia, arising out of the 2020 conflict in Nagorno-Karabakh.

Jessica is the Editor of the European Human Rights Reports.

Public & administrative law

Jessica has acted and advised in a variety of judicial review claims. She is currently instructed by the Government in R (oao Campaign Against Arms Trade) v Secretary of State for International Trade, which concerns a challenge to the grant of licences to export arms and military equipment to Saudi Arabia for use in the conflict in Yemen.

Jessica also has a particular interest in agricultural matters and represented the claimant farmers in King v Environment Agency [2018] EWHC 65(QB), which sought to establish that the Environment Agency ‘s use of the claimants’ land for the purpose of flood mitigation constituted a breach of their rights under Article 1 of the First Protocol.

She also regularly acts for landowners in relation to issues arising under the various payment schemes administered by the Rural Payments Agency, for instance in Stody Estate Ltd v Secretary of State for Environment, Food and Rural Affairs [2018] EWHC 378 (Admin) – and in a numerous cases which have been successfully resolved by the Independent Appeal Panel.

Public international law

Jessica has a particular interest in Public International Law, building on her experience of teaching the subject at Oxford University.

In 2017, she was appointed to the Attorney General’s “A Panel” of Public International Law Counsel and regularly appears in the domestic courts in cases involving issues of Public International Law. Jessica is regularly instructed to advise on issues arising in sensitive and difficult political and economic contexts.

She has a particular expertise and experience in issues of state, diplomatic and special mission immunity and is currently instructed by the Government of the Republic of South Africa in Argentum Exploration Ltd v The Silver [2022] EWCA Civ 1318, pending before the Supreme Court.

She was instructed by the United Kingdom Government in relation to the application of the Marshall Islands to the International Court of Justice alleging breach of obligations owed under the Nuclear Non-Proliferation Treaty and customary international law – the last dispute to be initiated against the UK in the ICJ.

Jessica is a member of the Advisory Panel (with Sir Michael Wood KC, Harold Hongju Koh and Payam Akhavan) advising the International Coordination and Response Group for the victims of Flight PS752.

Shipping & admiralty

Jessica regularly acts and advises in relation to a wide range of shipping matters. She has particular experience of cargo claims involving the application of the Hague/Hague-Visby/Hamburg Rules and claims under the NYPE Inter-Club Agreement. Recent cases include:

Palmali Shipping SA v Litasco SA [2021] EWHC 1161 (Comm): Jessica is instructed (with John Russell QC) by the Claimant in a multi-million dollar claim arising under a Contract of Affreightment.

Career

2017 Appointed to Attorney General’s A Panel of Public International Law Counsel

2016 Editor, European Human Rights Reports

2004 Call: Lincoln’s Inn

2000- 2003 Lecturer in Law and Fellow by Special Election, Keble College, University of Oxford

1998 Research Assistant, Law Commission

Education

2004 BVC (Very Competent), Inns of Court School of Law

2000 BCL (Distinction), Keble College, University of Oxford

1998 BA Hons (First Class) (Law), Keble College, University of Oxford (ranked 3rd in Year)

Awards

2004 Megarry Scholarship, Lincoln’s Inn