Professional practice

C&P 2024Leading Junior 2024

Jackie has a diverse practice spanning commercial, public and international law.  She regularly appears in the Court of Appeal, the Commercial Court, the Chancery Division, the Administrative Court and the County Court, both led and as sole counsel. Her commercial practice includes both litigation and arbitration, and encompasses especially conflict of laws, and general commercial and contract disputes.  Jackie also has a strong public law practice, acting for and advising both government and private clients in relation to judicial review claims, international law, and human rights.  She is ranked by Legal 500 as a leading junior in Administrative Law and Human Rights, is a member of the Attorney-General’s London C Panel, and a member of the Equality and Human Rights Commission’s B panel.

Jackie has a particular specialisation in international disputes and advising – encompassing especially investor-state arbitration, public international law, and international human rights law. She is ranked by Legal 500 as a leading junior for Public International Law, described as “hard working, very clear, very smart and very thorough, as well as being a pleasure to work with”; and as an up-and-coming junior in International Human Rights Law by Chambers and Partners in which she is described as “a really terrific lawyer” who is “sensible and clear in her advice, and produces very high quality drafting”. Jackie has acted in numerous investor-State arbitrations, under the ICSID Convention, and the ICC, SCC, LCIA and UNCITRAL Rules.  She has also acted in proceedings before the European Court of Human Rights and specialised United Nations agencies. She regularly advises on international law matters spanning sanctions, the law of the sea, the law of armed conflict, international human rights law, state immunity, treaty law and international administrative law.  Jackie also acted for two years as an Assistant Legal Adviser to the UK Government’s Foreign, Commonwealth and Development Office, advising on trade law, and on aspects of treaty law and implementation.

After graduating first in her year at the University of Western Australia, Jackie was elected as a Rhodes Scholar. She completed the BCL and an MPhil in Law, both with distinction, at the University of Oxford.  She has lectured, and been a course co-ordinator, in transnational litigation and conflict of laws at King’s College London.  Before coming to the bar, Jackie qualified as a lawyer in Australia, and worked in the Western Australian government legal service. Before completing pupillage at Essex Court Chambers, she was Associate to the Hon. Justice Kiefel, the former Chief Justice of the High Court of Australia.

 

Current and Recent Work
  • Crane Bank Ltd v dfcu Bank Ltd [2023] EWCA Civ 886: Challenge to the jurisdiction of the English courts on the basis of the foreign act of State rule. The underlying claim concerns an allegation of unlawful means conspiracy against a Ugandan bank and its directors and shareholders. Led by Joe Smouha KC.
  • R (on the application of T, Wayland, Keatings and Barrow) v Secretary of State for Work and Pensions [2023] EWCA Civ 24: Successfully defended a discrimination claim against the Secretary of State’s decision to limit a pandemic uplift in benefits to recipients of Universal Credit. Led by Edward Brown KC.
  • R (Western Sahara Campaign UK) v Secretary of State for International Trade [2022] EWHC 3108: Judicial review unsuccessfully challenging UK regulations enacted to give effect to a trade treaty between the UK and Morocco. The claim alleged that the Agreement, as it was being applied, contravened an international law right of self-determination held by the people of Western Sahara. Acted for COMADER, a Moroccan agricultural association and interested party, led by Peter Turner KC and Sam Wordsworth KC.
  • R (on the application of Ingold) v Secretary of State for Work and Pensions [2023] EWHC 3207 (Admin): Judicial review claim alleging a repeated pattern of failures in the administration of the child support system, amounting to breaches of the European Convention on Human Rights. Led by James Eadie KC.
  • R (TG) v Secretary of State for the Home Department, Administrative Court Claim No. AC-2023-LON-003447: Acting for the Secretary of State, defending conjoined judicial review claims brought by asylum seekers, challenging the lawfulness of accommodation provided in the former Wethersfield air force base. Led by Lisa Giovanetti KC.
  • The State of Qatar v The Arab Republic of Egypt, PCA Case No. 2020-26: Counsel for the Arab Republic of Egypt in an arbitration under the Constitution of the Universal Postal Union, and in related proceedings before the International Civil Aviation Organisation Council, arising out of the cancellation of flights between Egypt and Qatar.
  • Kata Landika v Slovenia, App no. 45987/22 (European Court of Human Rights – First Section): Acting for the government of Slovenia, defending a claim brought under Art.1 of Protocol No. 1 of the Convention, in respect of funds deposited in a bank account which were frozen during a time of civil war. Led by Ben Juratowitch KC.
  • Ferguson v United Kingdom, ECtHR App. No. 35043/22: Acting for the Government of the UK defending a claim brought by residents of Bermuda, an overseas territory of the UK, complaining of the territory’s laws on gay marriage. The Applicants allege breaches of Art. 12, and Art. 14 (read with Art. 8 and Art. 12), of the Convention.
  • Gareth Lee v United Kingdom [2022] IRLR 371: Successfully defended a claim against the UK in the European Court of Human Rights, brought under Arts. 8, 9, 10 and 14 of the Convention, concerning the refusal of a bakery to supply a cake iced with a message of support for gay marriage.
  • Otite v United Kingdom, ECtHR App. No. 18339/19: Acted for the Government of the UK, successfully defending a claim by a foreign national offender that his deportation would violated his rights under Art. 8 of the Convention. Led by Lisa Giovanetti KC.
  • Co-authored a high-profile opinion for non-governmental organisations in relation to issues of international criminal liability and State responsibility for crimes against humanity and genocide. Led by Alison Macdonald KC.
  • Zaza Okuashvili v The Republic of Georgia, SCC EA 2019/038, Emergency Award on Interim Measures: Junior counsel in a successful application to the SCC for emergency interim measures. An interim injunction was granted by the emergency arbitrator, in respect of a forthcoming BIT claim concerning the alleged expropriation of assets by compulsory sale in satisfaction of a tax liability. Led by Lucas Bastin KC.
  • Acting as junior counsel for the claimant in a multi-billion dollar claim, brought under an investment treaty, for mistreatment of an investment in an Asian telecommunications market. Led by Toby Landau KC and Lucas Bastin KC.
  • Appeared as junior counsel in a commercial arbitration under the UNCITRAL Arbitration Rules, acting for US-based claimants seeking hundreds of millions of dollars in damages from an African nation for breach of a development contract. Led by Graham Dunning KC.
  • Appeared as junior counsel in a commercial arbitration under the LCIA Rules, brought by three minority shareholders in an Eastern European energy company whose majority shareholder was a State-owned enterprise. The claim concerned issues of conflict of laws, rights under a shareholders’ agreement, minority shareholder rights, and Eastern European corporations law.  Led by Graham Dunning KC.
  • Quaid-e-Azam Thermal Power (Private) Ltd v Sui Northern Gas Pipelines Ltd [2024] EWHC 70 (Comm): Successfully defended an application to set aside an arbitral award arising out of gas supply agreement for the sale of LNG in Pakistan. The challenge was brought under s. 68(2)(a) and (d) of the Arbitration Act 1996.  Led by Lucas Bastin KC.
  • Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2019] EWHC 476 (Comm) and [2018] EWHC 2977 (Comm): Application to the Commercial Court for summary judgment in respect of a claim for contractual default interest of US$62 million. Successfully defended against an allegation that the contractual provision was an unenforceable penalty, and awarded judgment in the amount of US$23 million. Appeared, both as sole counsel and led by David Foxton KC.
  • Acting for claimants in mass claims brought against Volvo, Fiat-Chrysler and Suzuki, as part of the “Dieselgate” series of claims alleging breach by car manufacturers and distributors of permitted NOx emissions limits. The claims are being heard under a Group Litigation Order. Led by Dan Oudkerk KC.
What Others Say

Chambers & Partners UK Bar 2024: International Human Rights

“Jackie is a really terrific lawyer. She is very sensible and clear in her advice, and produces very high quality drafting as well.”

Legal 500 UK Bar 2023: Public International Law

‘Hard working, very clear, very smart and very thorough, as well as being a pleasure to work with.’

Arbitration & related court applications
  • Quaid-e-Azam Thermal Power (Private) Ltd v Sui Northern Gas Pipelines Ltd [2024] EWHC 70 (Comm): Successfully defended an application to set aside an arbitral award arising out of gas supply agreement for the sale of LNG in Pakistan. The challenge was brought under s. 68(2)(a) and (d) of the Arbitration Act 1996.  Led by Lucas Bastin KC.
  • Acting as junior counsel for the claimant in a multi-billion dollar claim, brought under an investment treaty, for mistreatment of an investment in an Asian telecommunications market. Led by Toby Landau KC and Lucas Bastin KC.
  • Acting for the claimant in an investment treaty claim for US$700 million brought by an investor in a national aviation industry, against an Eastern European State, and heard before an ICSID tribunal. Led by Graham Dunning KC and Lucas Bastin KC.
  • Acted in a claim brought by a multi-sector investor in a State of the Caucasus region, under a bilateral investment treaty. The claim particularly raised issues relating to excise duties, national competition law, enforcement of revenue law, and the application of most favoured nation provisions to a jurisdictional dispute. Led by Sam Wordsworth KC and Lucas Bastin KC.
  • Appeared in a commercial arbitration under the UNCITRAL Arbitration Rules, acting for US-based claimants seeking hundreds of millions of dollars in damages from an African nation for breach of a development contract. Led by Graham Dunning KC.
  • Appeared for the claimants in a commercial arbitration under the LCIA Rules, brought by three minority shareholders in an Eastern European energy company whose majority shareholder was a State-owned enterprise. The claim concerned issues of conflict of laws, rights under a shareholders’ agreement, minority shareholder rights, and Eastern European corporations law.  Led by Graham Dunning KC.
  • Acted for the claimant in a multi-billion dollar claim under a multilateral investment treaty, brought by energy investors against an Eastern European State. Led by Graham Dunning KC.
  • Acted for the claimant in a commercial arbitration of claims for approximately US$50 million, between parties from the United States and Kuwait. The claim was brought pursuant to the ICC Rules, and concerns alleged breach and wrongful termination of an operating agreement for a private hospital in the Middle East.  Led by Jeffrey Gruder KC.
  • Zaza Okuashvili v The Republic of Georgia, SCC EA 2019/038, Emergency Award on Interim Measures: Junior counsel in a successful application to the SCC for emergency interim measures. An interim injunction was granted by the emergency arbitrator, in respect of a forthcoming BIT claim concerning the alleged expropriation of assets by compulsory sale in satisfaction of a tax liability.
  • Acted as junior counsel (led by Richard Millett KC) in a confidential application to challenge arbitration awards under s 68(2)(d) of the Arbitration Act 1996.
  • Siddiqi v Marsfield Automotive Inc (led by Vernon Flynn KC): Court of Appeal challenge to a decision by the Commercial Court not to grant a stay of proceedings, under s. 9 of the Arbitration Act 1996, to enforce an arbitration agreement.
  • Assistant to a Permanent Court of Arbitration tribunal, acting under the UNCITRAL Rules 1976.
Climate change and environmental law
  • Acting for claimants in mass claims brought against Volvo, Fiat-Chrysler and Suzuki, as part of the “Dieselgate” series of claims alleging breach by car manufacturers and distributors of permitted NOx emissions limits, and “greenwashing”. Led by Daniel Oudkerk KC.
  • Co-authored, with Angeline Welsh, an article about use of international environmental treaty standards as the basis for bringing claims in UK law.
Commercial chancery disputes
  • Otello Corporation ASA v Moore Fréres & Co LLC [2018] EWHC 2347 (Ch): Successful claim before the Chancery Division for breach of a company’s articles of association and unfair prejudice by the majority shareholder in a company. Led by James Collins KC.
  • Ping Tak Chan (deceased) and ors v Yim Hing Joan Chan and ors [Claim No. BL-2017]: acted as junior counsel in the Chancery Division, an international dispute involving equitable and proprietary claims based on allegations of misuse of joint banking facilities. Led by Jern-Fei Ng KC.
  • Advised on the reporting obligations of the trustees to pensions schemes.
Commercial dispute resolution
  • Crane Bank Ltd v dfcu Bank Ltd [2023] EWCA Civ 886 and Commercial Court Claim No. CL-2020-000859: Acting for the lead defendants in a claim alleging unlawful means conspiracy against a Ugandan bank, its directors and its shareholders in respect of a transaction to purchase the assets and liabilities of another bank in statutory management. The lead defendants alleged, at first instance and unsuccessfully before the Court of Appeal, that the claim breached the foreign act of State rule.  Led by Joe Smouha KC.
  • Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2019] EWHC 476 (Comm): Appeared as sole counsel before the Commercial Court, applying for summary judgment in respect of a claim for contractual default interest. Successfully defended against an allegation that the contractual provision was an unenforceable penalty, and was awarded judgment in the amount of US$23 million.
  • Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm): Successful summary judgment application, before the Commercial Court, for summary judgment on a claim for payment of a debt in the amount of US$62 million. Led by David Foxton KC.
  • Otello Corporation ASA v Moore Fréres & Co LLC [2018] EWHC 2347 (Ch): Successful claim before the Chancery Division for breach of a company’s articles of association and unfair prejudice by the majority shareholder in a company. Led by James Collins KC.
  • Appeared as junior counsel in a commercial arbitration under the LCIA Rules, brought by three minority shareholders in an Eastern European energy company whose majority shareholder was a State-owned enterprise. The claim concerned issues of conflict of laws, rights under a shareholders’ agreement, minority shareholder rights, and Eastern European corporations law.  Led by Graham Dunning KC.
  • Acted as junior counsel in a commercial arbitration of claims for approximately US$50 million, between parties from the United States and Kuwait. The claim was brought under the ICC Rules, and concerned alleged breach and wrongful termination of an operating agreement for a private hospital in the Middle East.  Led by Jeffrey Gruder KC.
  • FRB v DCA [2019] EWHC 2816 (Fam): Claim for deceit, brought by a husband against his wife in relation to the latter’s alleged misrepresentations about the paternity of a child. Led by Jeffrey Gruder KC.
  • Marsfield Automotive Inc v Siddiqi [2017] EWHC 187 (Comm): Successfully resisted an application for summary judgment of a claim for restitution of unjust enrichment, in the Commercial Court. Led by Vernon Flynn KC.
  • Ping Tak Chan (deceased) and ors v Yim Hing Joan Chan and ors [Claim No. BL-2017]: Acted as junior counsel in the Chancery Division, an international dispute involving equitable and proprietary claims based on allegations of misuse of joint banking facilities. Led by Jern-Fei Ng KC.
  • Advised on disputes concerning items misdescribed in a sale at auction, and concerning the civil claims for stolen art.
  • Appeared as sole counsel in numerous trials and applications in the County Court, especially in cases concerning banking and financial services, and breach of contract.
  • Frequently provides advice, as sole counsel and led, in commercial disputes including as to the consequences of delay to a shipbuilding contract, freezing injunctions, seller misrepresentations, rights under an auction contract, breach of an exclusivity agreement, and contractual rights upon termination.
Conflict of laws & private international law
  • Crane Bank Ltd v dfcu Bank Ltd [2023] EWCA Civ 886: Challenge to the jurisdiction of the English courts on the basis of the foreign act of State rule, on the basis that the claim alleged wrongdoing against the central bank of Uganda in a bank resolution process. Led by Joe Smouha KC.
  • Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2019] EWHC 476 (Comm): Appeared unled before the Commercial Court, applying for summary judgment in respect of a claim for contractual default interest. Successfully defended against an argument that the contract was invalid under Indian law, which applied by reason of the rule in Ralli Bros.
  • Appeared as junior counsel in a commercial arbitration under the UNCITRAL Arbitration Rules, acting for US-based claimants seeking hundreds of millions of dollars in damages from an African nation for breach of a development contract. The claim especially involved issues of conflict of laws and the effect on a foreign law contract of illegality under local law. Led by Graham Dunning KC.
  • Appeared as junior counsel in an LCIA arbitration concerning the validity of a contractual choice of law in a shareholders’ agreement, and national public policy exceptions to choice of law rules. Led by Graham Dunning KC.
  • Engaged by the UK Government’s Foreign, Commonwealth Development Office to provide advice on domestic and international law aspects of preparations for Brexit, especially:
    • The Brussels Convention of 1968;
    • The Lugano Convention of 2007; and
    • The application of bilateral agreements concerning jurisdiction, and recognition and enforcement of foreign judgment.
  • Formerly course co-ordinator and lecturer for a module in conflict of laws and transnational litigation for the LLM at Kings College, London.
Human rights & civil liberties
  • Member of the Equality and Human Rights Commission’s B panel of counsel, appointed in May 2024.
  • Ferguson v United Kingdom, ECtHR App. No. 35043/22: Claim brought by residents of Bermuda, an overseas territory of the UK, complaining of the territory’s laws on gay marriage. The Applicants allege breaches of Art. 12, and Art. 14 (read with Art. 8 and Art. 12), of the Convention.  Acting for the Government of the UK.
  • Kata Landika v Slovenia, App no. 45987/22 (European Court of Human Rights – First Section): Acting for the Government of Slovenia, defending a claim brought under Article 1 of Protocol No. 1 in respect of funds deposited in a bank account which were frozen during a time of civil war, and could no longer be accessed. Led by Ben Juratowitch KC.
  • Gareth Lee v United Kingdom, App no. 18860/19 (European Court of Human Rights – First Section): Acted for the Government of the UK, defending a claim brought under Arts. 8, 9, 10 and 14 of the European Convention on Human Rights, in respect of the refusal of a bakery to supply a cake iced with a message of support for gay marriage.
  • Otite v The United Kingdom, App no. 18339/19 (European Court of Human Rights – Fourth Section): Acted for the government of the United Kingdom, successfully resisting a claim of breach of Art. 8 of the European Convention on Human Rights by reason of the proposed deportation of the claimant, a foreign national living in the UK and convicted of an offence. Led by Lisa Giovanetti KC.
  • Osagiede v The United Kingdom, App no. 228/2020 (European Court of Human Rights – Fourth Section): Acted for the government of the United Kingdom, against an Art. 8 claim brought by a foreign national offender subject to deportation. Led by Lisa Giovanetti KC.
  • R (on the application of Ingold) v Secretary of State for Work and Pensions [2023] EWHC 3207 (Admin): Claim by recipients of statutory child support, arguing that there had been a repeated pattern of failures by the Child Maintenance Service in the administration of the child support system. The claim argued that the failures, viewed together, amounted to breaches of Article 1 of Protocol No. 1, Article 8 and Article 14 of the European Convention on Human Rights.  Led by James Eadie KC.
  • R (Western Sahara Campaign UK) v Secretary of State for International Trade [2022] EWHC 3108: Judicial review unsuccessfully challenging UK regulations enacted to give effect to the UK-Morocco Association Agreement. The claim alleged that the Agreement, as it was being applied, contravened an international law right of self-determination held by the people of Western Sahara. Acted for COMADER, a Moroccan agricultural association and interested party, led by Peter Turner KC and Sam Wordsworth KC.
  • Crane Bank Ltd v dfcu Bank Ltd [2023] EWCA Civ 886: Acting for defendants challenging the jurisdiction of the English courts on the basis of the foreign act of State rule, which was resisted inter alia on the basis that it would be contrary to Art. 6 of the ECHR. The Court of Appeal rejected the Art. 6 argument.  Led by Joe Smouha KC.
  • Co-authored a high-profile opinion for non-governmental organisations in relation to issues of international criminal liability and State responsibility for crimes against humanity and genocide. Led by Alison Macdonald KC.
  • Master of Philosophy in Law (with distinction), defending and explaining the European Court of Human Rights’ decision in SW and CR v UK.
  • Judicial assistant to the Justice Kiefel of the High Court of Australia, assisting with the hearing of many cases concerning a constitutionally protected right to freedom of political communication.
  • Assisted the State Counsel and the State Solicitor for Western Australia in providing advice on international conventions, including especially the Convention on the Rights of the Child.
  • Researcher at Human Rights Watch in Washington, DC, focusing on the rights of persons accused of terrorist Worked especially on fair trial rights under instruments such as the Inter-American Convention on Human Rights.
  • Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell.
Investment treaty disputes
  • Acting as junior counsel for the claimant in a multi-billion dollar claim, brought under an investment treaty, for mistreatment of an investment in an Asian telecommunications market. Led by Toby Landau KC and Lucas Bastin KC.
  • Acting as junior counsel in an ICSID claim for US$700 million brought by an investor in a national aviation industry, against an Eastern European State, for breach of a bilateral investment treaty. Led by Graham Dunning KC and Lucas Bastin KC.
  • Acted as junior counsel in a multi-billion dollar claim under a multilateral investment treaty, brought by energy investors against an Eastern European State. Led by Graham Dunning KC.
  • Acted as junior counsel in a claim brought by a multi-sector investor in a State of the Caucasus region, under a bilateral investment treaty. The claim particularly raised issues relating to excise duties, national competition law, enforcement of revenue law, and the application of most favoured nation provisions to a jurisdictional dispute. Led by Sam Wordsworth KC and Lucas Bastin KC.
  • Zaza Okuashvili v The Republic of Georgia, SCC EA 2019/038, Emergency Award on Interim Measures: Junior counsel in a successful application to the SCC for emergency interim measures. An interim injunction was granted by the emergency arbitrator, in respect of a forthcoming BIT claim concerning the alleged expropriation of assets by compulsory sale in satisfaction of a tax liability. Led by Lucas Bastin KC.
  • Assistant to a Permanent Court of Arbitration tribunal, acting under a bilateral investment treaty and the UNCITRAL Rules 1976.
Public & administrative law
  • Member of the Attorney-General’s C Panel for London, appointed in September 2019.
  • Member of the Equality and Human Rights Commission’s B panel, appointed in May 2024.
  • From 2019-2021, engaged as an Assistant Legal Adviser by the Foreign, Commonwealth and Development Office to provide ongoing advice on domestic and international law aspects of preparations for Brexit. Currently engaged as a Legal Consultant to the FCDO.  In this capacity, works with legal advisers from across Whitehall, especially the Ministry of Justice, the Department for International Trade and the Department for Exiting the EU.
  • R (on the application of T, Wayland, Keatings and Barrow) v Secretary of State for Work and Pensions [2023] EWCA Civ 24: Successfully defended a discrimination claim against the Secretary of State’s decision to limit a pandemic uplift in benefits to recipients of Universal Credit. Led by Edward Brown KC.
  • R (Western Sahara Campaign UK) v Secretary of State for International Trade [2022] EWHC 3108: Judicial review unsuccessfully challenging UK regulations enacted to give effect to the UK-Morocco Association Agreement. The claim raised points as to the court’s powers to review international treaties, the “tenable view” standard, and the foreign act of State rule. Acted for COMADER, a Moroccan agricultural association and interested party, led by Peter Turner KC and Sam Wordsworth KC.
  • R (on the application of Ingold) v Secretary of State for Work and Pensions [2023] EWHC 3207 (Admin): Claim by recipients of statutory child support, arguing that there had been a repeated pattern of failures by the Child Maintenance Service in the administration of the child support system. The claim argued that the failures, viewed together, amounted to breaches of the Human Rights Act and a breach of the Padfield   Led by James Eadie KC.
  • R (on the application of K) v Secretary of State for Work and Pensions [2023] EWHC 233 (Admin): Judicial review claim challenging the lawfulness of a decision refusing to waive the obligation to repay a benefits overpayment.  The claim challenged the lawfulness of official policy on waiver of benefits overpayments, and also alleged breaches of equality law and of legitimate expectations.
  • R (TG) v Secretary of State for the Home Department, Administrative Court Claim No. AC-2023-LON-003447: Acting for the Secretary of State, defending conjoined judicial review claims brought by asylum seekers, challenging the lawfulness of accommodation provided in the former Wethersfield air force base. Led by Lisa Giovanetti KC.
  • CAAT v Secretary of State for International Trade, Claim no. CO/3579/2020: instructed as junior counsel on behalf of the Secretary of State, defending a claim for judicial review brought in the Administrative Court, challenging the lawfulness of a decision to grant export licences for the sale of military equipment to Saudi Arabia. Led by James Eadie KC and Jonathan Glasson KC.
  • R (Mark Hunter) v The Welsh Ministers, Admin Court Claim no. CO/4122/2021: Counsel for the claimant in a judicial review application challenging the validity of an agricultural grant. Led by Hugh Mercer KC.
  • Consult 3A Ltd v Ofgem: Counsel for the claimant in a judicial review application brought in the Administrative Court, challenging decisions to cancel energy scheme accreditations. Led by Hugh Mercer KC.
  • R (Webster) v Secretary of State for Exiting the EU [2018] EWHC 1543 (Admin): a judicial review application heard by the Divisional Court, challenging the validity of the UK Government’s notification of withdrawal from membership of the EU. Led by Hugh Mercer KC.
  • Drafted pleadings and advice, and appeared on behalf of various government departments, in respect of:
    • Statutory appeals against decision;
    • Lump sum deduction orders;
    • Claims by prisoners in respect of the conditions of their imprisonment; and
    • Immigration and asylum matters.
  • Advised various government departments on issues spanning:
    • Compliance with arms export licensing regulations;
    • Sanctions and asset-freezing;
    • State aid and unlawful subsidy rules;
    • Protections for foreign investors under investment treaties;
    • Compliance with treaty obligations;
    • Rights under third party service contracts;
    • Unlawful imprisonment; and
    • Quantum of damages.
  • As a member of the Western Australian government legal service:
    • TEC Desert v Commissioner of State Revenue (2010) 241 CLR 576 (assisting senior counsel in the High Court of Australia): concerning issues of taxation law, mining law, and the distinction between fixtures and chattels;
    • Arnold v Minister Administering the Water Management Act 2000 (2010) 240 CLR 242 (assisting senior counsel in the High Court of Australia): concerning water rights and the constitutional limitations on compulsory property acquisition;
    • Apache Northwest Pty Ltd v Agostini (2009) 177 FCR 449 (assisting senior counsel in the Federal Court of Australia): concerning permitted uses for documents that had been compulsorily obtained by a government investigator;
    • Apache Northwest Pty Ltd v Agostini [2009] WASC 225 (assisting senior counsel in the Supreme Court of Australia): a case concerning procedural fairness in the publication of a government investigator’s report into an oil refinery explosion.
    • Advised government departments on questions involving administrative law, the interpretation of statutes, court procedure, constitutional law, election law, environmental law and climate change mitigation schemes, human rights law, mining and energy law and native title

As a Judges’ Associate at the High Court of Australia, sat on numerous cases concerning administrative law and constitutional law.

Tutored at the University of Western Australia in administrative law and constitutional law.

Worked as a research assistant to the Western Australian Inspector of Custodial Services, examining the regulatory oversight regime for prisons and their compliance with the Optional Protocol to the Convention Against Torture.

Public international law
  • Member of the Attorney General’s C Panel for Public International Law.
  • R (Western Sahara Campaign UK) v Secretary of State for International Trade [2022] EWHC 3108: Judicial review unsuccessfully challenging UK regulations enacted to give effect to the UK-Morocco Association Agreement. The claim alleged that the Agreement, as it was being applied, contravened an international law right of self-determination held by the people of Western Sahara. Acted for COMADER, a Moroccan agricultural association and interested party, led by Peter Turner KC and Sam Wordsworth KC.
  • The State of Qatar v The Arab Republic of Egypt, PCA Case No. 2020-26: Counsel for the Arab Republic of Egypt in an arbitration pursuant to Article 32 of the Constitution of the Universal Postal Union.
  • The State of Qatar v The Kingdom of Bahrain, The Arab Republic of Egypt, The Kingdom of Saudi Arabia, The United Arab Emirates: Counsel for the Arab Republic of Egypt in a disagreement before the International Civil Aviation Organisation Council, brought under the Chicago Convention on International Civil Aviation and the International Air Services Transit Agreement.
  • Ferguson v United Kingdom, ECtHR App. No. 35043/22: Claim brought by residents of Bermuda, an overseas territory of the UK, complaining of the territory’s laws on gay marriage. The Applicants allege breaches of Art. 12, and Art. 14 (read with Art. 8 and Art. 12), of the Convention.  Acting for the Government of the UK.
  • Kata Landika v Slovenia, App no. 45987/22 (European Court of Human Rights – First Section): Acting for the Government of Slovenia, in a case concerning issues arising out of the dissolution of the former Yugoslavia, and the inability of individuals to withdraw money deposited in bank accounts prior to dissolution. Led by Ben Juratowitch KC.
  • Gareth Lee v United Kingdom, App no. 18860/19 (European Court of Human Rights – First Section): Acted for the Government of the UK, succesfully defending a claim brought under Arts. 8, 9, 10 and 14 of the ECHR concerning the refusal of a bakery to supply a cake iced with a message of support for gay marriage.
  • Otite v The United Kingdom, App no. 18339/19 (European Court of Human Rights – Fourth Section): Acted for the Government of the UK, successfully resisting a claim alleging breach of Art. 8 of the ECHR by reason of the proposed deportation of a foreign national living in the UK and convicted of an offence. Led by Lisa Giovanetti KC.
  • Osagiede v The United Kingdom, App no. 228/2020 (European Court of Human Rights – Fourth Section): Acted for the Government of the UK, successfully resisting an Art. 8 claim brought by a foreign national offender subject to deportation. Led by Lisa Giovanetti KC.
  • From 2019 to 2020, acted as an Assistant Legal Adviser to the Foreign, Commonwealth and Development Office’s Legal Directorate, working on international law aspects of preparations for Brexit. In particular:
    • Advised on treaty law issues for the Treaty Continuity Programme, especially concerning entry into force and provisional application, territorial application, and treaty amendment.
    • Provided advice on the international and domestic law implications of the UK’s exit from the EU.
    • Assisted with treaty drafting and entry into force.
  • Regularly advises governments, UK Government departments and private clients on issues including:
    • Treaty law and interpretation;
    • Trade law;
    • Sanctions;
    • Seizure of property;
    • Reparations;
    • The law of armed conflict;
    • The law of the sea;
    • International human rights law; and
    • State immunity.
  • Co-authored a high-profile opinion for non-governmental organisations in relation to issues of international criminal liability and State responsibility for crimes against humanity and genocide. Led by Alison Macdonald KC.
  • Crane Bank Ltd v dfcu Bank Ltd [2023] EWCA Civ 886: Challenge to the jurisdiction of the English courts on the basis of the foreign act of State rule, on the basis that the claim alleged wrongdoing against the central bank of Uganda in a bank resolution process. Led by Joe Smouha KC.
  • Acting as junior counsel for the claimant in a multi-billion dollar claim, brought under an investment treaty, for mistreatment of an investment in an Asian telecommunications market. Led by Toby Landau KC and Lucas Bastin KC.
  • Acting as junior counsel in an ICSID claim brought by investors in a national aviation industry, under a bilateral investment treaty, for breaches of the fair and equitable treatment, non-discrimination and ‘umbrella clause’ protections, and for expropriation. The claim also involves jurisdictional objections concerning derivative claims, the nationality of the claimants, and abusive of jurisdiction. Led by Graham Dunning KC and Lucas Bastin KC.
  • Acted as junior counsel in a multi-billion dollar claim under a multilateral investment treaty, brought by energy investors against an Eastern European State. Advised particularly on issues of State attribution. Led by Graham Dunning KC.
  • Acted as junior counsel in a claim brought by a multi-sector investor in a State of the Caucasus region, under a bilateral investment treaty. The claim is for breaches of protections for fair and equitable treatment, full protection and security, an ‘umbrella clause’, and prohibitions on unlawful expropriation and discrimination. Led by Sam Wordsworth KC and Lucas Bastin KC.
  • Assistant to a Permanent Court of Arbitration tribunal, acting under the UNCITRAL Rules.
  • Research assistant to the Western Australian Inspector of Custodial Services, examining compliance with the Optional Protocol to the Convention Against T
Career

2020: Appointed to the Attorney General’s Public International Law C Panel of Counsel

2019: Appointed to the Attorney General’s London C Panel of Counsel

2016: Tenant at Essex Court Chambers

2015-2016: Pupillage, Essex Court Chambers 2015: Called to the Bar at Inner Temple

2014-2015: Associate to the Hon. Justice Kiefel, High Court of Australia, Canberra 2012: Research Intern, Human Rights Watch, Washington DC

2011: Articled Clerk, State Solicitor’s Office for Western Australia

2009-2011: Legal Research Assistant to the State Solicitor and State Counsel for Western Australia

2008: Research Assistant to Western Australian Inspector of Custodial Services, focusing on compliance of prison systems with the Optional Protocol to the Convention Against Torture

Education

2013: Master of Philosophy (Law), Magdalen College, Oxford (Distinction)

2012: Bachelor of Civil Law, Magdalen College, Oxford (Distinction, with distinctions awarded in all subjects)

2009: Bachelor of Laws, University of Western Australia (First class, ranked first in year) 2011: Bachelor of Arts (Political Science), University of Western Australia (First class)

Awards

Rhodes Scholar for Western Australia: 2011

J.A. Wood Memorial Prize (most outstanding humanities graduate at the University of Western Australia): 2010

Shearman & Sterling University of Oxford Moot Competition, winner: 2014

Jean Rogerson Honours Studentship (highest ranked honours students in political science and in law, University of Western Australia): 2009 and 2010

Best law honours dissertation, University of Western Australia: 2009

Subject prizes for public international law, constitutional law and advanced constitutional law, University of Western Australia: 2007-2009

Publications

Supperstone, Goudie and Walker: Judicial Review (7th edn, 2024), Chapter 15: European Union Law (ed., with Hugh Mercer KC)

General International Law in International Investment Law: A Commentary (2024), Chapter 7: Article 28 of the VCLT: Non-Retroactivity of Treaties (with Ben Juratowitch KC)