Professional practice
Hugh Mercer QC is a highly regarded advocate practising in a broad range of areas with a particular emphasis on public law, private international law, EU law and human rights. He has extensive experience at appellate level (Supreme Court and Court of Appeal), in the CJEU as well as in the appellate courts of other countries (e.g. Supreme Courts of Switzerland and Cyprus) working alongside local counsel.
He is described by clients as “excellent and approachable” and “a super lawyer” and his reputation is as a “fine litigation strategist”. He chairs the Brexit Working Group of the Bar and the CCBE European Lawyers’ Committee. He is also Leader of the European Circuit.
He sits as a Deputy High Court Judge and is a Bencher of Middle Temple. He has excellent French, good German, Spanish and Italian. He is also an Avocat and member of the Belgian Bar.
- What Others Say
Chambers UK 2017
“He is technically strong and also very pragmatic.”
Chambers UK 2015
“He’s first class and undoubtedly one of the top agriculture barristers in the country.” “A classy operator; he’s stunningly intellectual and a very experienced EU lawyer.”
“He’s so quick it’s terrifying.” “Excellent on his feet, he was really quite robust in a difficult case.”
“Excellent at getting what the client wants.”
Legal 500 2016
“Approachable and meticulous.”
Legal 500 2014
He is particularly noted as “a fine litigation strategist” who is “marvellous for EU law questions”.
Clients have described him in the legal guides as “very erudite and, frankly, brilliant”, “phenomenally clever and very likeable”, “excellent in all aspects” of his work, “excellent and approachable” and “a super lawyer”.
- Examples of notable cases
Hugh specialises in innovative solutions to achieve the client’s objectives.
In a judicial review context, having obtained an injunction to permit a client to continue producing its product pending a final court decision, the client took the view that the European Commission had failed to abide by the injunction. An application to court based on failure by the Commission to respect its duty of loyal cooperation had the desired effect. (Newby Foods).
Acting for the Motor Insurers’ Bureau in the Supreme Court, he overturned two unanimous Court of Appeal authorities to establish that the MIB’s liability in respect of uninsured drivers in accidents abroad was to be determined in accordance with the law of the place of the accident, not English law.
- Arbitration & related court applications
Experienced litigator and regularly acts as counsel in arbitral tribunals, often where EU, competition or foreign law issues arise – in appropriate circumstances also acts as expert witness. Can litigate/arbitrate in French and with underlying documents in German, Spanish and Italian. Also sits as an arbitrator.
Arbitration arising out of share sale agreement between Greek and Italian shipping lines – Greek and Italian law
ICSID Arbitration in relation to compensation for expropriation of financial services provider
Arbitration on effect of EC competition law on specialist shipping pool
Arbitration Greek/German – under Greek, Swiss and English laws, ICC, Geneva
- Banking & financial services
Particularly experienced in the application of EU Directives to the financial industry (e.g. seeking to sanction failure of Government to apply the Insurance Directives) including claims for
Francovich damages (as group actions) but also covers the public/regulatory law aspects of financial services including hearings before the Regulatory Decisions Committee and the Upper Tribunal.
AMTF v. Marzillier UK Supreme Court
Adamson v. Gain Capital & others
Poole v. HM Treasury CA
- Commercial dispute resolution
Has been involved in litigation involving multiple damages claims based on Francovich arising from the failure of Government to implement EU directives in the field of insurance, financial services, tax and also in both stand alone and follow-on actions for damages arising from cartels for example in the vitamins cartel and the air cargo cartel. Handles many cases with expert evidence of foreign law and where conflict of laws issues are uppermost.
GTR v. ASLEF CA
Lehman Bros v. Klaus Tschira Stiftung GmbH Comm Ct & Swiss Supreme Court
BA v. SEPLA
National Iranian Oil Corporation v. IRI International Corp. CA
- Conflict of laws & private international law
Is a recognised authority on the Brussels I Regulation in the light of his commentary (Layton & Mercer, European Civil Practice) on the Regulation. Frequently handles the specalist conflict of laws issues such as applicable law and jurisdiction at the outset of a case. Particularly experienced in cases where foreign law becomes an issue.
AMTF v. Marzillier Supreme Court
Moreno v. MIB Supreme Court
Re D Supreme Court
Cox v. Ergo Supreme Court
Olafsson v. Gissurarson CA
Nordea v. Unicredit
Henderson v. Jaouen CA
National Iranian Oil Corporation v. IRI International Corp. CA
Agnew v. Lansforsakringsbolagens House of Lords
Kitechnology v. Unicor CA
- Energy & natural resources
Covers a range of environmental issues arising in farming and fisheries contexts such as the application of the precautionary principle to the ecosystem of the mid-Atlantic ridge but is also involved in judicial review of EU directives in the field of the environment.
Has had regular involvement with climate change issues, both under EU and UK law, including both the CRC Trading Scheme and the EU Emissions Trading System.
King v. Environment Agency
ATH v. Environment Agency
R (Mabanaft) v. Secretary of State for Energy and Climate Change
Poland v. European Commission CJEU
- European law & competition
Very experienced advocate in the CJEU. Broad range of EU, competition and state aid experience across a very wide range of industries from telecoms, electronics and IT to vitamins; specialist chemicals and oil derivatives to materials for the construction industry; supermarkets to cigarettes & beer/alcoholic drinks.
Often covers interaction between national law and EU law and has been involved in several high profile claims for damages for breach of EU law as well as applications based on the Viking case to prevent industrial action.
GTR v. ASLEF CA
Syngenta v. Commission CJEU
Bayer v. Commission CJEU
R (Newby Foods) v. Food Standards Agency CJEU
Repertoire Culinaire v. HMRC
Georgias v. Council CJEU
BA v. SEPLA
Microsoft v. Commission CJEU
Vtesse v. Commission CJEU
Emerald v. BA
Thai Airways v. BA
R (Fruition) v. RPA CJEU
R (Intertanko) v. Secretary of State for Transport CJEU
Região autónoma dos Açores v Council CJEU
Arkin v. Borchard Lines
R v. MAFF ex p Fisher CJEU
European Commission v. East Africa Conference Lines
- Food, agriculture, fisheries & farming
Has been involved in most of the big regulatory issues between food and farming interests and public authorities over the last 15-20 years, often but not exclusively with an EU flavour. He has litigated many issues on definition of food products, pesticide authorisation and issues of Single Payment or Basic Payment Scheme including alleged cross-compliance breaches.
Syngenta v. European Commission CJEU
Bayer v. European Commission CJEU
Cranswick v. Food Standards Agency
R (Newby Foods) v. Food Standards Agency
R (Fairness for the Uplands) v. Welsh Ministers
R (Fruition) v. RPA CJEU
R (Humber Growers) v. RPA
R (Gwillim) v. Welsh Ministers
R (Mitchelmores) v. Marine Management Organisation
R (Bickford-Smith) v. Defra
R (Jaspers of Treburley) v. Food Standards Agency
Weightman v. Welsh Ministers
Bloomsbury v. Sea Fish Authority Supreme Court
R (Partridge) v. Defra CA
Região autónoma dos Açores v Council CJEU
Leidig v. IBAP CA
R v. MAFF ex p Fisher CJEU
R v. Secretary of State for Health ex p Eastside Cheese CA
- Human rights & civil liberties
Has particular experience in the application of human rights within a diverse range of fields of civil law such as agriculture, environment, due process, competition and extending even to the impact of human rights on the conduct of inquests (acted as lead counsel for the coroner in the case of Middleton in the House of Lords). Represented the majority of the worldwide shipping industry in the case brought by Capt Mangouras against Spain on the breach of his right to bail and currently representing NGOs in Bosnia in relation to the conduct of the International Criminal Tribunal for the former Yugoslavia.
Mothers of Srebrenica ICTY
Mangouras v. Spain ECHR
Varley v. UK ECHR
R v. West Somerset Coroner ex p Middleton House of Lords
Taylor v. Lancs CC CA
- Media, art, entertainment
Deals with various competition, regulatory and state aid issues arising out of telecoms liberalisation policies, related regulatory issues and extending to competition issues arising from satellite broadcasting, licensing of programmes and sport.
EU city re recovery of medieval panels
Bruce Baker v. Boxing Board of Control
Vtesse Networks CJEU
Three Tenors
Stevenage v. Football League
- Public & administrative law
Has been a regular litigant for and against Government entities for over ten years, generally in cases which raise EU issues but also in cases with Human Rights or regulatory law. Very experienced in the application of public law applied to agriculture, fisheries, food, environmental issues and also in relation to a diverse range of regulatory panels and procedures.
R (Newby Foods) v. Food Standards Agency CA
Hemming v. Westminster Supreme Court
R (Jaspers of Treburley) v. Food Standards Agency
R (Friends of the Earth) v. Defra and NFU
Bloomsbury v. Sea Fish Authority Supreme Court
R (Mabanaft) v. Secretary of State for Energy and Climate Change
R (Castille) v. DTI
R (O’Connor) v. HM Coroner for Avon
R (Partridge) v. Defra CA
R v. DTI ex parte Isle of Wight
R v. Swale BC ex p Lidl
- Public international law
Frequently covers the public international law arguments arising in relation to English or EU law such as the Law of the Sea or sanctions but also extends to independent PIL issues in fields such as WTO and sovereign debt issues. Litigated the impact of international law on EC law in the context of shipping pollution and advised on the legal issues arising from the eurozone crisis.
Involved in legal and regulatory challenges in several of the EU sanctions regimes, challenging the implementing regulation in the EU General court, claiming damages, bringing national court challenges, dealing with the impact of the EU blocking regulation against US sanctions (Reg 2271/96).
Mothers of Srebrenica ICTY/UN Security Council
Georgias v. Council CJEU
R (Intertanko) v. Secretary of State for Transport CJEU
Região autónoma dos Açores v Council CJEU
- Regulatory law & investigations
Very experienced in the conduct of regulatory investigations in the utilities, food, agriculture and telecoms sectors both in the UK and the EU, in conjunction with any subsequent public law proceedings in the Administrative Court or the General Court of the EU.
King v. Environment Agency
R (Fruition) v. Food Standards Agency
Vtesse Networks v. Commission
Holleran v. Severn Trent Water Plc
R (Partridge) v. Defra
Sutton & East Surrey Water v. Ofwat
Leeds City Council v. Watkins
European Commission v. East Africa Conference
- Revenue law (including VAT, IPT, duties & excise)
Deals with tax issues arising in an EU context such as differential taxation of subsidiaries based in another EU country and extending into state aid arguments arising out of differential business rates taxation. Has been involved in challenges to a wide range of levies, charges, excise duties, often in an EU context.
Hemming v. Westminster Supreme Court
Repertoire Culinaire v. HMRC CJEU
Vtesse v. Bradford
Bloomsbury v. Sea Fish Authority Supreme Court
R (Castille) v. DTI
Boake Allen v. HMRC House of Lords
Pirelli Cable v. HMRC House of Lords
- Shipping & admiralty
Extensive experience of competition issues both before UK competition authorities and the EU Commission in relation to transport including liner conferences; bulk and tramp shipping; shipping pools; reefer trades; specialist shipping; port and airport pricing and discrimination arguments; differential pricing by monopoly operators on shipping routes.
Arbitration in relation to liabilities under share sale agreement of shipping line
Mangouras v. Spain (re Prestige) ECHR
R (Intertanko) v. Secretary of State for Transport CJEU
Arbitration re effect of EU competition law on specialist shipping pool
Arkin v. Borchard Lines
European Commission v. East Africa Conference
- Travel Law
Has developed extensive experience, primarily at appellate level in test cases to determine the law applicable to causes of action litigated in the English courts. He brings to this field an in-depth knowledge of conflict of laws and EU law and works with juniors specialist in this area.
Moreno v. MIB Supreme Court
Wigley Foster v. MIB CA
Cox v. Ergo Supreme Court
Re A v. MOD CA
Henderson v. Jaouen CA
- Career
2016 Chair, Brexit Working Group of the Bar Council
2016 Chair, CCBE European Lawyers’ Committee
2012 Bencher of Middle Temple
2010 Chairman of the CCBE Permanent Delegation to the Court of Justice and General Court of the European Union (liaison committee between all EU lawyers and the ECJ)
2008 Appointed Queen’s Counsel
2005-8 Junior Counsel to the Crown (A Panel)
1988-9 Tutor, London School of Economics
1985 Called at Middle Temple
- Education
1986 Licence spéciale en droit européen, Université Libre de Bruxelles
1984 MA, Downing College, University of Cambridge
