Fergus Randolph QC’s Full CV

Qualifications

LLB and Licence en Droit (Aix-en-Provence)

Practice Profile

Fergus Randolph has over 20 years experience litigating and advising on matters of EU and competition law. He has appeared in the High Court, the Competition Appeal Tribunal, the Court of Appeal, the House of Lords, the Court of First Instance (Luxembourg), the European Court of Justice (Luxembourg) and the Supreme Court of the Falkland Islands. His practice is wide-ranging, covering all aspects of EU law and competition including shipping, fisheries, commercial agency, motor vehicle insurance and VAT. He also has experience before arbitral panels, appearing in matters as counsel brought under LCIA & also LCMIA rules. He has also accepted appointments as arbitrator in ad hoc arbitrations.

Important cases include:

Agriculture and Fisheries

  • R v MAFF Ex parte NAFFO: "Fishermans Days at Sea Dispute"
  • Cunningham & Huey v MMB (Northern Ireland) - milk quotas
  • R v MAFF ex parte Astonquest : fisheries - Administrative court and Court of Appeal - permission given by the House of Lords to appeal
  • R v SS for Transport, ex parte Factortame : damages against the UK for breach of EC law - Divisional Court, Court of Appeal and House of Lords
  • R v. Quark Limited and Freiremar - fisheries prosecution before the Chief Magistrate Falkland Islands and subsequently the Supreme Court of the Falkland Island
  • DEFRA v Bloomsbury International - Supreme Court, appeal for the Respondent

Commercial Agency

  • Ingmar GB Ltd - Eaton Leonard Technologies Inc - European Court of Justice
  • Mercantile v Chuan Soon Huat - High Court and Court of Appeal
  • Pure Fishing Limited v. Cooper - High Court and Court of Appeal
  • Lonsdale v Howard & Hallam - House of Lords (acted for the Intervener)

Directives and State Liability

  • Evans v SS for Transport & the MIB - High Court, Court of Appeal, European Court of Justice
  • Mighell et al v MIB - Court of Appeal
  • White v MIB - House of Lords
  • Byrne -v- The MIB & SS for Transport - High Court, Court of Appeal
  • Moore v SS for Transport & The MIB - High Court, Court of Appeal
  • Churchill Insurance v Wilkinson - High Court & Court of Appeal, with referral to the ECJ

Human Rights and State Liability

  • Quark v SS for Foreign and Commonwealth Affairs - South Georgia Supreme Court, High Court and Court of Appeal and the House of Lord

Sanctions

  • IRISL v Council: action before the ECJ for annulment of EU sanctions regulations - acting for applicant
  • Arash v Groupama - High Court & Court of Appeal - declaration sought re legality of extension of marine insurance contract in light of EU sanctions legislation

Competition

  • B&I v Sealink: Before the Commission and Court of First Instance - interim measures involving essential facilities
  • Far Eastern Freight Conference: review of the shipping conference block exemption before the Commission and the Court of First Instance
  • DG OFT v Aberdeen Journals - OFT and Competition Appeal Tribunal
  • Hendry v. World Snooker and Billiards Association - 1st High Court action on damages for breach of Article 81 and 82
  • Arkin v. Borchard and Others - 2nd High Court action on damages for breach of Articles 81 and 82
  • Capita London Markets v. Ross - successful claim for payment of solicitors' professional indemnity insurance premium, resisted on grounds of breach of EC competition law
  • BCL and Deans v. Roche and Aventis - 1st damages case before the CAT under s.47A Competition Act 1998
  • Barclays Bank v. Havenbedrijf Rotterdam - Commercial Court dealing with the issue of inter alia unlawful State aid and the consequences thereof for the enforcement of a loan guarantee
  • Albion Water v. OFWAT - first case before the Competition Appeal Tribunal involving OFWAT; acting on behalf of United Utilities plc
  • Advised Haileybury College in the OFT investigation into private schools
  • Sportswear Company SpA v. Stonestyle - acted for the successful appellant in the Court of Appeal, allowing a defence based on Article 81 EC Treaty to a trademark infringement action to go to trial
  • Advised Primary Diets Limited in connection with an OFT investigation into the company's purchase by ABF Holdings Limited
  • Cityhook v OFT - successful appearance on behalf of NTL before the Competition Appeal Tribunal dealing with the justiciability of a decision of the OFT to close a file on administrative grounds
  • National Grid v. Ofgem - appeared for an intervener in the appeal from Ofgem's decision to fine National Grid over £40 million.
  • Advised Prince Minerals Limited in relation to its purchase of Castle Colours Limited
  • Nelsons v. Guna SpA - sought and received interim mandatory injunction, thereby overcoming EU competition arguments relied on by the Defendant; successfully argued for final order and dismissal of EU competition defence in subsequent full hearing on liability

Arbitration

  • Commercial agency matter involving State airline - successfully awarded substantial compensation
  • Large international commercial dispute involving termination of an agreement in the Middle East
  • Commercial agency matter relating to the extra-territorial scope of the Regulations

Publications

  • Commercial Agency & Distribution Agreements: Graham & Trotman 1989
  • Shipping & EC Competitive Law: Butterworths 1991
  • Banking Secrecy: Sweet & Maxwell 1993
  • Guide to the Commercial Agents Regulations CCH 1994; Davey and Randolph
  • Guide to the Commercial Agents Regulations 2nd Edition: Hart Published 2003
  • Contributor to Competition Litigation UP Practice and Procedure OUP 2010
  • Guide to the Commercial Agents Regulations 3rd Edition - published by Hart in 2010

Legal Directory Comments

Competition/Anti-Trust

  • "Fergus Randolph QC earns praise for having long-standing expertise in advising on competition and European law-related matters. Randolph recently acted in Unidrug v Phoenix, a case relating to the abuse of a dominant position through refusal to supply." (Chambers UK 2012)
  • "Fergus Randolph QC appeared in Churchill Insurance v Wilkinson & Others on the compatibility of an insurer's right of recovery under English law with EU law, and is ‘pragmatic, and involved, and brings real momentum to a case'." (Legal 500 2011)
  • "Fergus Randolph QC is "not one of those barristers who likes to wrap the client up in reams of legal arguments." Instead, he takes a more practical approach, "preferring direct action to endless prevarication." Those who have seen him in court see him as "a barrister of great style." " (Chambers & Partners 2011)
  • 'one of tomorrow's leading lights in the EU and competition field', 'he conveys his points very well and offers a clear-cut approach to complicated matters' (Chambers & Partners 2009)
  • ‘valiant and extremely responsive' (Chambers & Partners 2008)
  • ‘hands-on knowledge of EC litigation procedure' ‘always coming up with new angles on a case' (Chambers & Partners 2007)
  • ‘much appreciated by solicitors for his great grasp of competition law and dogged determination in standing up for clients when litigation gets tough' (Chambers & Partners 2006)
  • ‘highly recommendable' (Chambers & Partners 2005)
  • ‘highly capable' his ‘unfailing good humour and wit prove highly infectious' (Chambers & Partners 2004)

Further information

Leader of the European Circuit of the Bar Council;

Member of the Bar Council's Law Reform Committee;

Bar Council representative for the European Commission's initiative on contract law;

Committee member of the Bar European Group;

Committee member of the European Maritime Lawyers Organisation;

Bencher, Middle Temple.

Lectures

Frequent lectures on all aspects of EC law and UK litigation