Colin West’s EU/Competition Law CV

Qualifications

BA, St. Anne's College, Oxford, 1994-1997, First Class

BCL, St. Anne's College, Oxford, 1997-1998, First Class

Bar Vocational Course, 1998-1999, Inns of Court School of Law

Career to date

Called to the Bar, Inner Temple, November 1999

Pupillage at Brick Court Chambers 1999-2000

Tenant at Brick Court Chambers, 2000 to date

Practice Areas

Competition law

Colin is currently instructed in the UK follow-on action arising out of the Commission's decision concerning cartellization in the market for synthetic rubber for car tyres (Cooper Tire v Bayer plc and others). He is instructed in the follow-on damages action before the CAT arising out of the OFT's decision in the Cardiff Bus case. He is a contributor to "Competition Litigation: UK Practice and Procedure" (Brick Court Chambers, OUP, 2010) and co-author of the UK chapter of Kluwer, Competition Law in Western Europe and the USA. He  was instructed on a standalone action brought primarily under Article 82 against the Royal Mail concerning abuse of a dominant position on the market for the delivery of unaddressed leaflets (Leaflet Company v Royal Mail), including appearing on interim applications concerning split trial and disclosure (the judgment of the Chancellor, Morritt J, on the split trial issue is reported at [2009] UKCLR 323). He was  instructed on behalf of Virgin Atlantic Airways in competition proceedings against BA in the Court of First Instance and Court of Justice in Luxembourg (British Airways v Commission [2003] ECR II-5917 (CFI); [2007] ECR I-2331 (ECJ)).  Colin was also instructed in proceedings concerning allegations of cartellisation in the market for the supply of generic drugs to the NHS (on behalf of Norton Pharmaceuticals). He is regularly instructed on competition-related matters including, for example, leniency applications, certification schemes, third party disclosure in competition proceedings and motor distribution.

Conflict of laws

Colin was instructed in the Masri v Consolidated Contractors case, which  led to a series of important judgments concerning the continuing jurisdiction of the English Courts following judgment in English proceedings, e.g. to appoint a receiver or grant a freezing injunction (Masri v Consolidated Contractors No. 2 [2009] 2 WLR 621), to grant an anti-suit injunction (Masri v Consolidated Contractors No. 3 [2009] 2 WLR 669) or to order the examination of a director of a judgment debtor company as to the company's assets (Masri v Consolidated Contractors No. 4 [2010] 1 A.C. 90).

Colin also appeared on behalf of the Claimant in the Apostolides v Orams matter, concerning whether judgments of the Courts of Cyprus regarding ownership of land in occupied northern Cyprus are enforceable in England under the Brussels Regulation against UK domicilaries claiming to have acquired title to such properties under the ‘law' of the unrecognised ‘Turkish Republic of Northern Cyprus'. The issue has now been resolved in the Claimant's favour [2010] EWCA Civ 9

Colin is also regularly instructed in cases raising more traditional English jurisdiction issues. For example, he recently appeared in a marine insurance case where the Defendant insurers were challenging the English jurisdiction on forum conveniens grounds (Argo System FZE v Liberty Insurance Pte Ltd).

EC law

Colin was instructed in the Viking Lines case, which concerned the applicability of the free movement provisions of the EC Treaty to trade unions in relation to collective agreements and threats of strike action ([2005] 3 CMLR 29 (first instance), [2006] 1 Lloyd's Rep 303 (Court of Appeal); [2007] ECR I-10779 (ECJ)). He was instructed on long-running price discrimination proceedings (NALOO v Commission). Colin has also advised in relation to other general EC matters such as Commercial Agents Regulations. See also under competition law and conflict of laws.

Human Rights

Colin was instructed on behalf of the Applicant in a claim before the European Court of Human Rights involving the unlawful killing of a demonstrator inside the ‘buffer zone' in Cyprus (Isaak v Turkey Application no. 44587/98, judgment of 24 June 2008).

Professional Memberships

  • Inner Temple
  • Bar European Group
  • London Common Law and Commercial Bar Association (committee member)
  • COMBAR
  • South Eastern Circuit
  • European Circuit
  • Human Rights Lawyers' Association
  • Competition Law Association

Life outside the Bar

  • Married with two daughters, lives in London
  • Grade VIII clarinet (distinction), former member of National Youth Orchestra of Scotland and soloist with Oxford Sinfonietta; currently sings tenor in North London choir ‘Eclectic Voices'
  • Languages: French, fluent if rusty (attended school in France for a year in 1993-94, Loire valley region); Scots Gaelic, neach-ionnsachaidh