Professional practice

Jackie has a diverse practice spanning commercial, public and international law. Her commercial practice includes both litigation and arbitration, and encompasses especially conflict of laws, high-value commercial and contract disputes, shareholder litigation, and general commercial disputes.  Jackie also practices in public law, advising and acting for private clients and for various government departments in public law and judicial review claims, international law, human rights. She is a member of both the Attorney-General’s London C Panel, and the Attorney General’s Public International Law C Panel. Jackie appears regularly, as both sole and junior counsel, in the Commercial Court, the Chancery Division, the Administrative Court and the County Court.

Together with Jackie’s commercial practice, she has a particular specialisation in international disputes and advising – encompassing especially investor-state arbitration, public international law, and the conflict of laws. She has acted in proceedings before the European Court of Human Rights, before a Tribunal constituted under the Rules of the Universal Postal Union, and before another specialized agency of the UN. She has acted in numerous investor-State arbitrations, under the ICSID Convention, and the ICC, SCC, LCIA and UNCITRAL Rules.  Jackie also acts as an Assistant Legal Adviser to the UK Foreign, Commonwealth and Development Office, advising on aspects of treaty law and implementation; and she regularly provides international law advice and trade law advice to a number of other Government departments, especially the Ministry of Justice, the Department for International Trade, BEIS, and HMRC.  In this capacity, Jackie has developed a particular expertise in the developing legal implications of Brexit.

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, Chief Justice of the High Court of Australia.

 

Arbitration & related court applications
  • 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 QC.
  • 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 QC.
  • Instructed as junior counsel in a 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 QC, and being heard before an ICSID tribunal.
  • 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 QC.
  • Instructed 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.
  • 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 is being heard under 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 QC.
  • 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.
  • Junior counsel in a claim by an investor in an Asian telecommunications market.
  • Acted as junior counsel (led by Richard Millett QC) in an application to challenge arbitration awards under s 68(2)(d) of the Arbitration Act 1996.
  • Siddiqi v Marsfield Automotive Inc (led by Vernon Flynn QC): a 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.
  • Advised a UK Government department on the extent of protection for foreign investors under UK domestic law, as compared to under investment treaties. With particular focus on judicial review standards, and company and insolvency law.
  • Assistant to a Permanent Court of Arbitration tribunal, acting under the UNCITRAL Rules 1976.
Commercial chancery disputes
  • Otello Corporation ASA v Moore Fréres & Co LLC [2018] EWHC 2347 (Ch) (led by James Collins QC): a 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 QC.
  • 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 QC.
  • Provided advice (led by Roderick Cordara QC) concerning the reporting obligations of the trustees to pensions schemes.
Commercial dispute resolution
  • 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) (led by David Foxton QC): 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.
  • Otello Corporation ASA v Moore Fréres & Co LLC [2018] EWHC 2347 (Ch) (led by James Collins QC): a 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.
  • 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 QC.
  • Acting as junior counsel in a commercial arbitration of claims for approximately US$50 million, between parties from the United States and Kuwait. The claim is being heard under 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 QC.
  • FRB v DCA [2019] EWHC 2816 (Fam): Defending an application to strike out a claim for deceit in the High Court, by a husband against his wife, in relation to the latter’s alleged misrepresentations about the paternity of a child. Led by Jeffrey Gruder QC.
  • Marsfield Automotive Inc v Siddiqi [2017] EWHC 187 (Comm) (led by Vernon Flynn QC): successfully resisted an application for summary judgment of a claim for restitution of unjust enrichment, in the Commercial Court.
  • Acting as junior counsel (led by Jeffrey Gruder QC) in a commercial arbitration claim under ICC Rules, concerning alleged breach and wrongful termination of an operating agreement for a private hospital in the Middle East. Claims are worth approximately US$50 million, between parties from the United States and Kuwait.
  • 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. Appeared unled in a Costs and Case Management Conference.
  • 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
  • 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 QC.
  • 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 QC.
  • Engaged by the Foreign and Commonwealth Office to provide advice on domestic and international law aspects of preparations for Brexit. Has provided advice especially on aspects of:
    • 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.
  • Assisted with applications for service out on a foreign service, and challenging leave to serve out on a non-EU domiciled defendant.

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
  • Gareth Lee v United Kingdom, App no. 18860/19 (European Court of Human Rights – First Section): acting for the government of the United Kingdom, defending a claim brought under Arts. 8, 9, 10 and 14 of the European Convention on Human Rights. The claim concerns the Supreme Court’s finding that there had been no breach of anti-discrimination regulations by the refusal of a bakery to supply the applicant with a cake iced with a message of support for gay marriage.
  • 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
  • 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 &
Investment treaty disputes
  • Instructed as junior counsel in a 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 QC, and being heard before an ICSID tribunal.
  • 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 QC.
  • Instructed 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 raises issues relating to excise duties, national competition law, enforcement of revenue law, and the application of most favoured nation provisions to a jurisdictional dispute.
  • Junior counsel in a claim by an investor in an Asian telecommunications market.
  • 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.
  • Advised a UK Government department on the extent of protection for foreign investors under UK domestic law, as compared to under investment treaties. With particular focus on judicial review standards, and company and insolvency law.
  • 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.
  • Engaged as an Assistant Legal Adviser by the Foreign and Commonwealth Office to provide ongoing advice on domestic and international law aspects of preparations for Brexit. 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.
  • 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 QC, Jonathan Glasson QC and Jessica Wells.
  • 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 matters.
  • Consult 3A Ltd v Ofgem: acting as 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 QC.
  • 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 QC.
  • Assisted counsel in applying to the Supreme Court for permission to intervene in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union, on behalf of European citizens living in the United Kingdom.
  • Advised multiple UK Government departments on issues involving compliance with arms export licencing regulations. Led by Jonathan Glasson QC and Jessica Wells.
  • Prepared comprehensive advice to a UK government department on the extent of protection for foreign investors under UK domestic law (with particular focus on judicial review standards), and under bilateral investment treaties.
  • Advised local authorities on questions concerning breach and termination of third party service contracts.
  • Assisted counsel in preparing advice to a Caribbean nation on questions of misfeasance in public office and the constitutional validity of payments under procurement contracts.
  • 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.
  • 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.
  • Engaged by the Foreign, Commonwealth and Development Office’s Legal Directorate to provide advice on international law aspects of preparations for Brexit. In particular:
    • Working with legal advisers from departments across Whitehall.
    • Providing advice on treaty law issues for the Treaty Continuity Programme, especially concerning entry into force and provisional application, territorial application, and treaty amendment.
    • Providing advice on the international and domestic law implications of the UK’s exit from the EU.
    • General assistance with treaty drafting.
  • Provided advice to various government departments, including HMRC and BEIS, on issues of treaty law and especially trade law, concerning the negotiation of a future agreement with the EU.
  • Gareth Lee v United Kingdom, App no. 18860/19 (European Court of Human Rights – First Section): acting for the government of the United Kingdom, defending a claim brought under Arts. 8, 9, 10 and 14 of the European Convention on Human Rights. The claim concerns the Supreme Court’s finding that there had been no breach of anti-discrimination regulations by the refusal of a bakery to supply the applicant with a cake iced with a message of support for gay marriage.
  • Instructed 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 QC.
  • 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 QC.
  • Instructed 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.
  • 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.
  • Advised a UK Government department on the extent of protection for foreign investors under UK domestic law, as compared to under investment treaties. With particular focus on judicial review standards, and company and insolvency law.
  • Instructed as junior counsel to advise multiple States, on issues concerning:
    • The UN Convention on the Law of the Sea (led by Vaughan Lowe QC).
    • Sovereignty over overseas military bases (led by Vaughan Lowe QC).
    • Differences between investor protection under treaty standards, as compared to certain domestic legal systems.
  • Assisted senior counsel in preparing advice on the law of international organisations, employment rights in international organisations, and standing in public international law.
  • Assisted Vaughan Lowe QC to prepare for giving evidence to a House of Lords sub- committee about acquired rights under public international
  • 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 Torture.
Revenue law (including VAT, IPT, duties & excise)

Assisted a Member of Chambers to prepare for litigation concerning the meaning of a supply under VAT law.

Assisted the State Counsel for Western Australia to prepare for litigation concerning the assessment of stamp duty on a licence and sale agreement relating to power generation and distribution networks: TEC Desert v Commissioner of State Revenue (2010) 241 CLR 576.

Shipping & admiralty

Advised on issues concerning delays under a shipbuilding contract, and contractual losses.  Led by Roderick Cordara QC.

 

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

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

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

2014: Shearman & Sterling mooting trophy, University of Oxford

2010: Rhodes Scholar for Western Australia

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

2010: Frank Edward Parsons Prize in Law for outstanding leadership, University of Western Australia

2009: Best law honours dissertation, University of Western Australia

2009: Jackson McDonald Mooting Prize, University of Western Australia

2008: Open Mooting Champion, University of Western Australia