People

Aaron Khan

Year of Call: 2016

Email: aaron.khan@brickcourt.co.uk

Clerk: Paul Dennison   paul.dennison@brickcourt.co.uk

Overview

Aaron joined Chambers in September 2017 following successful completion of his pupillage. His supervisors were David Scannell, Alec Haydon and Marie Demetriou QC.

Prior to joining Chambers, Aaron held various academic roles at the University of Bristol, Cardiff University and New College of the Humanities, where he taught EU law and competition law. During this time, he also published articles in journals such as the European Law Review and World Competition Law and Economics Review, and presented his research at conferences in Luxembourg and Madrid. Aaron retains an academic role in the law, and in particular is a member of the Editorial Board of World Competition Law and Economics Review.

During pupillage, Aaron assisted on a range of matters across all areas of Chambers expertise. Particular highlights include the following cases:

  • GlaxoSmithKline & Others v Competition and Markets Authority – an appeal against the CMA’s first ever so-called “pay for delay” decision in respect of settlements of patent litigation.
  • Iiyama Benelux BV & Others v Schott AG & Others – an appeal against a decision striking out a cartel damages claim on the grounds that the claim fell outside of the territorial scope of EU competition law.
  • Micula & Others v Romania [2017] EWHC 31 and [2017] EWHC 1430 – proceedings in the Commercial Court seeking enforcement of an ICSID arbitral award said by the European Commission to entail State aid.
  • British American Tobacco & Others v Secretary of State for Health [2016] EWCA Civ 1182 – a judicial review of the UK’s plain packaging regulations.
  • Rosserlane Consultants Limited & Another v Credit Suisse International [2017] EWCA Civ 91 – a c.$80 million claim for professional negligence alleging that a bank owed a duty of care to the borrower in exercising its right to force the sale of an oilfield in Azerbaijan belonging to the borrower to realise funds to repay a loan.

Aaron graduated from the University of Bristol in 2010 with first class honours, winning the Frank Pitt Prize for achieving the highest final year marks. He also has an LLM in European Union Law from the College of Europe (Bruges) where he was awarded the lauréat award of the Department of Law for achieving the highest overall mark. 

practice areas

EU/Competition

Aaron has broad experience in the fields of EU and competition law. Prior to joining Chambers he held various academic roles at the University of Bristol, Cardiff University and New College of the Humanities where he taught and published in these areas. He has also presented his research on aspects of competition law at conferences in Luxembourg and Madrid, and remains a member of the editorial board of World Competition Law and Economics Review.

During pupillage, Aaron worked on a wide range of EU and competition law matters including:

  • GlaxoSmithKline & Others v Competition and Markets Authority – an appeal against the CMA’s first ever so-called “pay for delay” decision in respect of settlements of patent litigation (assisting James Flynn QC, David Scannell and Charlotte Thomas as a pupil).
  • Iiyama Benelux BV & Others v Schott AG & others – an appeal against a decision striking out a cartel damages claim on the grounds that the claim fell outside of the territorial scope of EU competition law (assisting Marie Demetriou QC as a pupil).
  • Micula & Others v Romania [2017] EWHC 31 and [2017] EWHC 1430 – proceedings in the Commercial Court seeking enforcement of an ICSID arbitral award said by the European Commission to entail State aid (assisting Marie Demetriou QC and Hugo Leith as a pupil).
  • A cartel damages claim in respect of power cables (assisting Marie Demetriou QC as a pupil).
  • Advising the liquidator of an electronics company on a cartel damages claim (assisting David Scannell as a pupil).
  • An ongoing investigation by the CMA into a major sports equipment manufacturer (assisting Marie Demetriou QC as a pupil).
  • WR Grace v European Chemicals Agency – an appeal before the ECHA Board of Appeal against the European Chemicals Agency’s Decision to require extensive further testing of a substance under the REACH Regulation (assisting David Scannell and Andrew McIntyre as a pupil). 

Public Law

Aaron worked on various public law matters during pupillage, a number of which involved claims based on EU law and/or the ECHR. Significant cases include:

  • British American Tobacco & Others v Secretary of State for Health [2016] EWCA Civ 1182 – a judicial review of the UK’s plain packaging regulations (assisting Nigel Pleming QC and David Scannell as a pupil).
  • Teva BV v MHRA & Biogen – a judicial review of the MHRA’s refusal to grant Teva’s application for a marketing authorisation in respect of a drug indicated for the treatment of multiple sclerosis (assisting Marie Demetriou QC and Emily MacKenzie as a pupil).
  • Gureckis v Secretary of State for Home Department – a challenge to the UK government’s policy on the rights of residence of EEA nationals alleged to be “rough sleeping” for incompatibility with EU law (assisting Marie Demetriou QC as a pupil).
  • A and B & Others v Criminal Injuries Compensation Scheme & Lord Chancellor – judicial review proceedings concerning certain provisions of the Criminal Injuries Compensation Scheme which prevent individuals with unspent criminal convictions from accessing compensation (assisting Martin Chamberlain QC as a pupil).

Commercial

During pupillage, Aaron assisted on a number of commercial law matters, including the following cases:

  • Rosserlane Consultants Limited & Another v Credit Suisse International [2017] EWCA Civ 91 – a c.$80 million claim for professional negligence alleging that a bank owed a duty of care to the borrower in exercising its right to force the sale of an oilfield in Azerbaijan belonging to the borrower to realise funds to repay a loan (assisting Helen Davies QC and Alec Haydon as a pupil).
  • Axle Holdings Pte Limited & Others v Dewarson Limited & Others – a c.€10 million claim relating to the sale of a business, involving allegations of breach of fiduciary duty. This case involved concurrent proceedings before the Chancery Division and the Commercial Court, including an application under Part 86 CPR (assisting Alec Haydon as a pupil).
  • Advising an aircraft engineering and maintenance company on enforcing a substantial debt in respect of works undertaken on an aircraft owned and operated by an overseas airline (assisting Alec Haydon as a pupil).

Aaron also assisted in a number of interlocutory applications during pupillage including resisting an application for pre-action disclosure (involving issues of whether such an application could be served out of the jurisdiction), applying for relief from sanctions and fortification of a cross-undertaking in damages.

Publications

Publications:

‘Director disqualification as a sanction for cartel conduct’, in The Fight Against Cartels in Europe (Larcier-Bruylant, 2016).

‘Corporate Mobility, Market Access and the Internal Market’ (2015) 40(3) European Law Review 371.

‘Rethinking sanctions for breaching EU Competition Law: is director disqualification the answer?’ (2013) 35(1) World Competition 77.

‘Corporate mobility under Article 49 TFEU: a question of means, not ends’ (2011) 22(6) European Business Law Review 847.

Conference papers:

‘Sanctioning hard core cartel infringements in EU Competition Law: towards a more compliance-driven approach’ at: The fight against hard core cartels: Trends, Challenges and Best International Practices, CEU University, Madrid, 27-28 November 2014.

‘Alternatives to criminalisation’ at: Per Se Cartel Offences – Legitimacy and Utility of Criminal Sanctions, University of Luxembourg – Faculty of Law, Economics and Finance, 23-24 March 2012.

Education & Qualifications

Professional Experience:

2016-2017: Pupillage, Brick Court Chambers

2016: Called to the Bar of England and Wales

2015-2016: Visiting Lecturer in EU law, New College of the Humanities

2015-present: Member of the Editorial Board, World Competition Law & Economics Review

2013-2015: Lecturer in Law, Cardiff University

2011-2013: Teaching Associate in Law, University of Bristol

Education:

2015-2016: Bar Professional Training Course, University of Law (Outstanding, 1st in Year)

2010-2011: LLM, College of Europe (Bruges) (Distinction, 1st in Year)

2006-2010: LLB, University of Bristol (First Class, Frank Pitt Prize for achieving the highest final year marks)

Scholarships and prizes

Pupillage:

Bar European Group Phoenicia Scholar (2017)

Major Scholarship, The Honourable Society of the Inner Temple (2016)

University of Law:

5 St Andrew’s Hill Prize for BPTC Student of the Year (achieved the highest overall mark on the BPTC)

4 Stone Buildings Prize for Civil Litigation, Evidence and Remedies

4 King’s Bench Walk Prize for Advocacy (achieved the highest overall mark across all three advocacy assessments)

University of Law Prize for Opinion Writing

University of Law Prize for International Commercial Litigation

College of Europe (Bruges):

Lauréat award of the Department of Law for achieving the highest overall mark on the LLM programme

2011 Global Competition Law Centre Prize for Competition Law & Policy

University of Bristol

Frank Pitt Prize (for achieving the highest final year marks)


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