People

David Scannell

Year of Call: 2003

Clerk: Tony Burgess tony.burgess@brickcourt.co.uk

David Scannell

Year of Call: 2003

Clerk: Tony Burgess   tony.burgess@brickcourt.co.uk

"Incredibly clever, one of those people that just has a very impressive mind. He is also very unstuffy and very likeable."
- Chambers & Partners 2016

“He's very quick and very thorough and can demolish the opposition's arguments.”
- Chambers & Partners 2016

Overview

David Scannell has consistently been ranked by the legal directories as an outstanding junior, whose practice spans commercial, EU and competition law. Across his areas of specialism, he has appeared in many of the most significant cases of the day.

David is recognised by the Legal 500 and Chambers Global as a Leading Junior in competition law. He has extensive experience of all aspects of competition and regulatory work, including cartels and follow-on damages actions. He acted for Sky in the seminal TV dispute, Sky v Ofcom, and currently acts for GlaxoSmithKline in its appeal against the CMA’s so-called ‘pay-for-delay’ decision.

Within commercial law, David has substantial experience of heavy ‘City’ litigation, international civil fraud, securities law, jurisdiction and IT disputes. Recent leading cases include Erste Group Bank AG v Red October (Commercial Court and Court of Appeal, conspiracy, jurisdiction), Ageas (UK) Ltd v AIG (QBD, complex warranty claims and insurance), Certain Limited Partners in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LP (banking and finance) and Thai Airways v KI Holdings (Aviation). David has further expertise in international art disputes, having appeared in Iran v Barakat Galleries for Iran in the Court of Appeal and additional actions of a related nature, and in Venezuelan oil warrants disputes, having represented (unled) global finance houses and investment banks in a series of disputes relating to unpaid coupon dividends arising from short selling. David is a member of the BVI Bar and in 2016 was appointed directly to the Attorney General’s ‘A’ Panel of Junior Counsel to the Crown for commercial and EU cases.

Within EU law, David has been recognised as a Leading Junior by the Legal 500 for some years. He has particular expertise in constitutional matters, preliminary references to the Court of Justice of the EU, EU pharmaceutical law, the REACH Regulation, procurement, State aid and regulatory matters. His Ph.D addressed the EU’s common foreign and security policy, including EU sanctions law. Recent and pending cases of note include AbbVie Inc and AbbVie Ltd v European Medicines Agency (EU pharmaceutical law), Aer Lingus v Commission (State aid) and R (British American Tobacco) v S/S Health, where he acted unled for British American Tobacco.

Full lists of David’s notable cases appear below.

practice areas

EU/Competition

Recent and ongoing EU law cases include:

  • Cases T-29, T-44/13 and T-44/13R AbbVie Inc and AbbVie Ltd v European Medicines Agency (for AbbVie)
  • Case C-389/13P(R) European Medicines Agency v AbbVie Inc and AbbVie Ltd
  • Ongoing advice to the Government of Gibraltar on matters pertaining to sovereignty issues with Spain
  • Ongoing advice to creditors of two of the three failed Icelandic banks

Other notable EU cases include:

  • Case C-58/08 R(Telefonica O2 Europe plc & Ors v S/S Business, Enterprise and Regulatory Reform (EU constitutional law);
  • Case C-558/07 R(SPCM) v S/S Environment, Food and Rural Affairs (REACH Regulation)); and
  • Cases T-498/04 and C-337/09P Zhejiang Xinan Chemical Industrial Group Ltd v Council (Anti-dumping)
  • Joined Cases C-507 and C-532/03 Commission v Ireland (procurement)

In competition law, recent and ongoing cases include:

  • Sky v Ofcom (Pay TV) (CAT, for Sky)
  • BT v Sky (Court of Appeal, for Sky)
  • Ofcom v Sky (Court of Appeal, for Sky)
  • Case T-473/12 Aer Lingus v Commission (State aid)

Other significant cases include:

  • Case T-161/07 Kone v Commission (elevators and escalators cartels)
  • Gatwick v Ryanair (dominance)
  • Punch Taverns (PTL) Limited v Central Estates plc & Di Stefano (No.1) (High Court; beer-tie agreements)
  • Punch Taverns (PTL) Limited v Central Estates plc & Di Stefano (No. 2) (High Court; beer-tie agreements)
  • Punch Taverns (PTL) Limited v Ersin (High Court; beer-tie agreements)

Commercial

Important Cases

  • Erste Group Bank AG v Red October (Commercial Court; conspiracy; jurisdiction)
  • Ageas(UK) Ltd  v Kwik-Fit (GB) Ltd (QBD; complex warranty claims)
  • Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd (Commercial Court and Court of Appeal; professional negligence)
  • Government of the Islamic Republic of Iran v The Barakat Gallery Limited (Court of Appeal; commercial/private international law)
  • Petroval v Stainby Overseas and Others (BVI High Court; commercial fraud/jurisdiction/freezing relief)
  • Digicel v West Indies Cricket Board (sports arbitration)
  • Excelsior Group Productions Limited v Yorkshire Television Limited (Commercial Court; commercial agreements)
  • Eskom v Alstom (Commercial Court; professional negligence)
  • EMSO v Goldman Sachs (Commercial Court; short selling of Venezuelan Oil Warrants)
  • Astrium v Conax (ICC Arbitration, claims arising from satellite failure in orbit)
  • Comanco SA v TGC Ventures and Others (Commercial Court; conspiracy, fiduciary duty, FSMA, claims in contract, breach of trust/knowing receipt, restitution)

Public Law

Important cases

  • R(Royal Brompton and Harefield NHS Foundation Trust) v JCPCT (Court of appeal and Administrative Court)
  • Quark Fishing v Director of Fisheries, Govt of South Georgia and the South Sandwich  Islands (South Georgia and South Sandwich Islands Supreme Court, Falkland Islands)
  • R(Telefonica O2 Europe plc) v S/S Business, Enterprise and Regulatory Reform (Admin.)
  • R(SPCM) v S/S Environment, Food and Rural Affairs (Admin.)

Qualifications

LL.B (Hons) Law (First Class); LL.M (Cantab.) (First Class with Distinction, 1st place); Ph.D (Cantab.); Bar Vocational Course. Princess Royal Scholar, Inner Temple.

Appointments

Member of the Treasury ‘A’ Panel of Junior Counsel to the Crown.

Bar Council EU Law Committee.

Bar European Group Committee

Publications

  • Burton (ed.) Civil Appeals, 2nd ed., ch. 7, “References to the European Court for Preliminary Rulings” (2013)
  • Brealey and Green (eds.) Competition Litigation, UK Practice and Procedure, 2nd ed., forthcoming, contributor
  • Arnull, Barnard, Dougan and Spaventa (eds.), A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood (Hart Publishing, 2011) (reviewed by Steinfeld, in (2012) 49 CML Rev 2039 (“an outstanding contribution to the field of European Union law”, written by “a vast array of preeminent authorities within the various fields of EU law”) and by Reich, in (2012) 37 EL Rev 504 (“an invaluable source of material and argument for a high level EU law debate”)), ch. 29, “Third Time Lucky: the Pre-history of the Common Security and Defence Policy
  • Brealey and Green (eds.) Competition Litigation, UK Practice and Procedure (OUP, 2010), contributor
  • O'Byrne v Aventis Pasteur [2008] UKHL 34 (2008) Solicitors' Journal
  • Book Review: European Union Law and Defence Integration (2006) 43 CML Rev 894
  • Legal Aspects of the EU's European Security and Defence Policy (2005), Ph.D dissertation, available from Cambridge University Library
  • Financing EU Military Operations (2004) 9 EFA Rev 529-550
  • (With Hartenstein, Matta and others) Droit Global: Cinq Ans de Droit Comparé dans le Monde, Editions Panthéon-Assas, Paris, 2002
  • Trespassing on Sacred Ground: The Implied Competence of the European Community (2002) Cambridge Yearbook of European Legal Studies 377
  • The Influence of the General Principles of Community Law on Rules of Procedure and Rules of Substance in Ireland (2001) 1 (1) JSIJ 64

Directory Quotes

David Scannell is recognised in The Legal 500 2013, 2014 and 2015 as a Leading Junior in EU and competition law

  • "Inquisitive, bright and extraordinarily committed" (Legal 500, 2016)
  • "He's very quick and very thorough and can demolish the opposition's arguments." (Chambers & Partners 2016)
  • "Extremely hard-working and very good at drafting." (Chambers & Partners 2016)
  • "Hard-working and prepared to go the extra mile. He's good at looking at different solutions." (Chambers & Partners 2016)
  • "Incredibly clever, one of those people that just has a very impressive mind. He is also very unstuffy and very likeable." (Chambers & Partners 2016)
  • "Noted for his expertise in the areas of European and competition law. He continues to impress with his involvement in high-profile cases acting on behalf of household-name brand clients." (Chambers & Partners 2016)
  • "Knowledgeable, pragmatic and approachable" (Legal 500 2015)
  • "Diligent, professional and responsive - nothing is too much trouble for him." (Chambers & Partners 2015)
  • "Intelligent, incisive and easy to get on with." (The Legal 500 2014)
  • "Valued for his ability to utilise his specialist expertise in both competition and commercial law. He is praised for his skills at cross-examination, and is particularly good with business witnesses. Has recent experience in state aid work.  Expertise: "His written work is fantastic, as is the way he interacts with clients."  "He has an unbelievable work ethic." (Chambers & Partners 2014)
  • "Has a strong background in European law and is praised for his outstanding knowledge of the field and for his recall of leading cases. He has a range of experience in the area, having appeared before both the Court of Justice and the General Court, and is particularly good on state aid matters and constitutional questions.  Expertise: "He knows EU law backwards and his judgement is superb." "He's patient and measured." (Chambers & Partners 2014)
  • David Scannell is recognised in The Legal 500 2013 and 2014 as a Leading Junior in EU and competition law.
  • ""an excellent emerging talent." He focuses on commercial, competition and EU law, and is praised for his ability to synthesise a large amount of detail in a short amount of time. Scannell was one of the barristers acting for BSkyB in its pay-TV appeal before the CAT. He also represented Gatwick Airport with Mark Hoskins QC in a case against Ryanair." (Chambers & Partners 2013)

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