Edward Brown KC

Professional practice

Edward Brown KC handles a broad range of substantial disputes focusing on the following areas:

Commercial disputes (High Court and Arbitration)
Confidential information and injunctions
Employment, Company Director and shareholder disputes
Public law and human rights
Media and entertainment
VAT
Financial services regulation.

Ed is a very experienced trial advocate. He is ranked in Chambers & Partners and Legal 500 in commercial dispute resolution, international arbitration, employment law, administrative law and human rights, media, entertainment and sports law and VAT law. A large number of Ed’s cases have been reported in the law reports. He frequently speaks at seminars and publishes articles in matters relating to his practice areas. He has particular experience in urgent and injunctive matters, including freezing injunctions, injunctions to preserve confidential information and employment and shareholder injunctions. He also frequently advises in relation to complex issues of privilege.

Ed has appeared as leading counsel in several substantial trials and appeals up to Supreme Court level. He also frequently acts in complex arbitration proceedings internationally and teaches on the Global Litigation and Arbitration Management programme at the University of Milan. Ed was previously on the Attorney-General’s A Panel and acted for HM Government at all levels up to the Supreme Court and European Court of Human Rights. He continues to act for the United Kingdom Government as leading counsel in complex matters.

Ed is a registered practitioner in the DIFC and frequently appears before the DIFC Courts. Ed has been admitted to the Bar in Gibraltar and acted in offshore matters alongside lawyers in Jersey, Guernsey, Cayman Islands and the BVI.

What others say

Chambers & Partners and Legal 500, Commercial Litigation

“Readily accessible and someone with a strong grasp of English commercial law and legal authorities. He is strong in both his written and oral submissions.”
“Direct and straight to the point, he grasps issues quickly, analyses them thoroughly and provides straightforward advice.”
“Great to work with, very much a team player, cuts to the chase on the underlying issues, and excellent on his feet in court and as a cross-examiner”
“A class act. He is on the ball, works hard and always delivers.” “Very hard-working and collegiate in his approach.”
“Provides excellent advice and strong courtroom skills.”
“He is very commercial in his approach, and has an ability to gain a quick grasp of the issues and the client’s overall objectives.”
“He’s thorough and very clever, and gives the team total confidence he is giving the correct advice.”

Chambers & Partners and Legal 500, Employment

“He is excellent for high-value cases in the High Court which involve overlapping commercial and employment law issues.”
“Strategy-focused and highly technically competent – a fantastic, user-friendly barrister. Solicitors can’t say enough positive things about him.”
“Possesses considerable experience of High Court litigation cases, with additional expertise in representing financial services in complex Employment Tribunal disputes. His practice covers a wide range of employment issues. He is particularly noted for his strength in cases concerning team moves, garden leave and discrimination.”

Chambers & Partners and Legal 500, Media & Entertainment and VAT:

“Esteemed for his appearances in media law cases involving privacy or commercial matters such as distribution rights and sponsorship.”
“Very clear and pragmatic in his advice, as well as exceptionally client-friendly.”
“A good, persistent advocate who provides excellent advice throughout each of his cases” “He anticipates client needs, and produces innovative solutions in accordance with the law.” “He is a highly skilled, highly intelligent barrister who routinely handles multifaceted and sophisticated matters.”

The Legal 500, Administrative & Public Law

“Clear in his advice and robust in his advocacy, he can present difficult arguments with skill and tenacity.”

Examples of recent cases

Moosa and others v Mawji. Acting for successful Claimants in Chancery Division trial for South African businessmen in claim against former financial adviser. Allegations of breach of fiduciary duties.

ICC arbitration. Acting in confidential BVI arbitration in relation to trust property.

Markou v Financial Conduct Authority. Acting for the FCA in the Court of Appeal in relation to a FSMA reference by a Senior Manager.

Henderson & Jones v Salica. Acting in substantial Commercial Court trial in relation to breach of confidence in venture capital sector.

Hoffman v Finalto Group Ltd. Acting for Claimants in Commercial Court dispute arising from business sale agreement.

Ashraf v Bank of Scotland and others. Acting for successful appellant in Court of Appeal in relation to mortgage fraud transactions.

ICC arbitration. Acting in arbitration proceedings in relation to a right of first refusal in a football sponsorship agreement.

ClientEarth v Directors of Shell Plc. Instructed by Pallas LLP as lead counsel for ClientEarth in a derivative action against the directors of Shell in relation to Shell’s environmental and climate change strategies.

News v HMRC. Acting for News UK (publisher of The Times) in a dispute about the VAT status of digital editions of newspapers.

Shagang Shipping v HNA Group. Instructed by Hogan Lovells as lead counsel for the HNA group in the Supreme Court in a dispute arising out of a charterparty guarantee.

Comberg v VivoPower. Acting for a CEO in a successful high-value wrongful dismissal claim against a former employer.

Case “B1”. Instructed by Eversheds Sutherland and acting (with Toby Landau KC) for the Iranian Government in a multi-billion dispute in the Iran-US Claims Tribunal in The Hague.

Signia Wealth v Dauriac and Others. Instructed by Mishcon de Reya and acting (with Monica Carss Frisk KC) for Signia Wealth and entrepreneur John Caudwell in a shareholder dispute against a former managing director.

ICBC Standard Bank v Erdenet Mining Corporation. Instructed by Clifford Chance and acting (with David Joseph KC) for an international bank in a high value Asian fraud and banking arbitration and Commercial Court arbitration applications..

TP ICAP Plc v Berry. Instructed by Macfarlanes and acting for the inter-dealer broker, TP ICAP, in injunctive proceedings against a senior employee.

ICC Arbitration. Acting in a US$18 million arbitration arising out of fund management services in Africa before Lord Hoffmann.

Various LIBOR/EURIBOR disputes. Advising and acting in various FCA regulatory disputes in the Upper Tribunal arising out of rate-rigging issues.

Belo and others v ITV / Lime. Acted for the claimants in a Chancery Division copyright dispute arising out of the television format rights for “The Only Way is Essex”. Ed has advised on several television format disputes, both for claimants and for television production companies.

Languages

Italian and Spanish

Civil fraud & asset recovery

Ed regularly acts in civil fraud claims as part of his general commercial practice. He has particular experience in obtaining high-value freezing injunctions in the Commercial Court. He also acts in fraud cases in the VAT field.

Recent cases include:

Shagang Shipping v HNA Group. Instructed by Hogan Lovells and acting as lead counsel in the Supreme Court in a dispute arising out of a charterparty guarantee.

ICBC Standard Bank v Erdenet Mining Corporation. Instructed by Clifford Chance and acting (with David Joseph KC) for an international bank in a high value Asian fraud and banking arbitration.

Without notice High Court injunction. Acted for a company in a claim against an employee for misappropriating monies including an urgent application for a freezing and proprietary injunction. Ed frequently applies for freezing injunctions in Commercial Court matters.

HMRC v Sunico. Acting (with Abbas Lakha KC) for the defendants in a £40 million unlawful means conspiracy claim brought by HMRC against foreign defendants in the Chancery Division and the Court of Appeal. The claim involved allegations of fraud made by revenue authorities in several jurisdictions. Ed has also acted in the first-tier tribunal in several claims arising out of alleged participation in MTIC fraud, and in associated asset recovery claims brought in the High Court by HMRC.

Davis & Dann Ltd v HMRC. Acting for the respondent trader (with David Scorey KC) in the Court of Appeal and Supreme Court in an action concerning disallowance of input tax by reason of alleged participation in MTIC fraud. Ed has acted (alone and with leading counsel) for a number of traders in other MTIC fraud cases.

Commercial dispute resolution

Ed has a strong Commercial practice, in line with Essex Court Chambers’ profile, and with a particular emphasis on High Court and Commercial Court disputes. He is typically instructed by leading City commercial law firms either alone or with leading counsel, and has considerable mainstream commercial trial experience.

Employment

Ed’s employment practice typically involve cases with a complex commercial aspect, both in the High Court and in employment tribunals. He focuses on disputes in the financial services sectors, termination disputes with senior executives and injunctive matters (including team moves). He also has a particular niche specialism in the field of temporary agency workers and the relevant conduct regulations, and has published in the Industrial Law Journal on this issue.

He is the contributor of the employment chapters in Mortimore – Company Directors, Duties, Liabilities and Remedies (OUP) and has contributed articles on areas such as restrictive covenants and social media at work in ELA Briefing.

Financial Services & Disciplinary Tribunals

Ed has acted for several international banks, hedge funds and financial services firms. He has substantial experience in disputes involving facility agreements, financial products and issues with a regulatory dimension. He is a contributor of articles to Butterworths Journal of International Banking and Financial Law.

Specific cases include:

An ongoing reference, listed for a 6-week hearing in 2021.

Bittar v FCA. Acting for the FCA in Upper Tribunal proceedings arising out of rate‑rigging allegations.

Upper Tribunal LIBOR / EURIBOR disputes. Ed has advised and acted (alone and with Paul Stanley KC) in regulatory appeals proceeding in the Upper Tribunal against misconduct findings arising out of the well-publicised rate‑submission manipulation.

Pottage v Financial Services Authority. Acted (with Andrew Hochhauser KC) for the FSA / FCA in enforcement proceeding brought against a senior executive. Ed has since advised and acted for a number of further individuals in FCA enforcement proceedings.

Media, art, entertainment

Edward has developed an extensive sports, media and entertainment practice, and is currently instructed by a number of high profile entertainment clients, including entertainment venues, management agencies, media executives and various actors, including Neil Morrissey.

Specific cases include:

Re an Artwork. Acting in relation to a confidential high-value artwork auction dispute.

Darroch v FAPL. Acting (with Richard Millett KC) for the FA Premier League in a dispute concerning media rights.

Belo and others v ITV/Lime. Acting for Claimants in high-profile Chancery Division entertainment dispute involving the ownership for format rights in “The Only Way is Essex”. Ed is the author of an article in the Entertainment Law Review on issues that arise in television format cases. He has since advised on a number of other format disputes, both for creators and television companies.

Axon v MOD. Acting for the Ministry of Defence in claims arising out of Operation Elveden concerning the corruption of public officials by journalists at The Sun.

Acting for two Defendants in High Court breach of privacy claim brought by a presenter and musician.

Acting in a High Court trial regarding a film financing agreement.

Mediation

Ed regularly appears as a representative in commercial mediations as part of his wider commercial practice. He has recently acted in the following mediations, all of which were successful:

Mediation of an agency dispute in the agricultural sector.

Mediation of a tripartite PHI insurance dispute Mediation of a claim for fees brought by a City law firm against an overseas client.

Mediation of a claim for estate agent commission arising out of the sale of a Knightsbridge flat.

Mediation of a claim against a leading supermarket for termination of a service supply agreement.

Mediation of a dispute arising from the termination of a software licence agreement.

Public & administrative law

Ed has appeared in several judicial review claims in the Administrative Court. Most of his clients are Government bodies, but he has acted for claimants in matters such as public procurement disputes. Ed regularly appears alone against leading counsel and has acted on significant cases in the Court of Appeal and Supreme Court.

Revenue law (including VAT, IPT, duties & excise)

Ed has appeared on behalf of taxpayers and HMRC in VAT tribunals, the High Court and the Court of Appeal in relation to VAT and indirect matters. He appeared with Roderick Cordara KC in a dispute regarding the tax status of Pringles, and is acting on other food related matters. He has also been instructed in a number of cases regarding MTIC fraud.

Specific cases include:

News UK. Acting (with Jonathan Peacock KC) for News UK, publishers of The Times and The Sunday Times in a dispute concerning the VAT classification of digital newspapers.

Virgin Media. Acting (with David Scorey KC) for Virgin Media in a substantial dispute concerning prompt-payment.

Amoena. Acting in the Supreme Court in a dispute concerning customs classification of mastectomy bras.

GSK. Acting for taxpayer (with Roderick Cordara KC) in a dispute regarding the tax status of Lucozade Sport.

Innocent Ltd. Acting for taxpayer (with Roderick Cordara KC) in a dispute regarding the tax status of smoothies.

BAA. Acting for HMRC in the Upper Tribunal and Court of Appeal in a dispute regarding corporate acquisitions.

Career

2022 Appointed Q.C. (now K.C.)

2019 Appointed to Attorney-General’s A Panel.

2014 Appointed to Attorney-General’s B Panel.

2010 Appointed to Attorney-General’s C Panel.

2005 Judicial Assistant to Sir Anthony Evans, Chief Justice of the Dubai International Financial Centre.

Education