Gerard Rothschild

Year of Call: 2005

Clerk: Paul Dennison

Gerard Rothschild

Year of Call: 2005

Clerk: Paul Dennison

“Shows unsurpassed attention to detail and huge technical capability, and has a pleasant manner with clients.” “He’s highly thoughtful and organised, and has a quick mind.”
- Chambers & Partners 2018

“Very careful and thorough, and unafraid to argue tricky points in tricky circumstances.”
- The Legal 500 2017


Commercial Law forms the core of Gerard’s practice, advising and representing clients in a wide range of business litigation and arbitration, often with an EU or international element. Recent published cases include Apple v. Qualcomm on jurisdiction, ​General Nutrition Investment Co. v. Holland & Barrett ​on equitable assignment, and Gerald Metals v. Timis ​on interim relief and the LCIA Rules. Other notable cases on which Gerard has worked include: Secretary of State for Transport v. Paragon (Commercial Court proceedings to recover the cost of replacing all V5 vehicle registration documents); Cherney v. Deripaska (a claim said to be for over $3 billion cited by The Lawyer among the ‘top cases of 2012’); and Sir Keith Mills v. Coutts & Co. (Chancery Division claim alleging mis-selling of investments). From his postgraduate studies, he has particular interests in restitution and the conflict of laws.

In the field of Competition Law, Gerard’s experience includes: the iiyama ​appeals on the territorial scope of EU competition law; appearing before the Supreme Court in SCOP v. CMA (on the scope of the CMA’s merger jurisdiction); BMI Healthcare v. CC (challenging the unfair procedure adopted in the Private Healthcare market investigation); the Pay TV appeals against Ofcom (before the Competition Appeal Tribunal and the Court of Appeal); the Construction Recruitment Forum penalty appeals by Hays plc and others; Virgin Media v. BSkyB (a High Court action concerning pricing of television channels); and Chester City Council v. Arriva (a Chapter 2 claim relating to public transport). He is a contributing author of Competition Litigation: UK Practice and Procedure (OUP).

As to Public Law, Gerard has particular expertise in commercial judicial review and cases arising in the energy sector. He acted for Scottish Power in the CMA’s review of the RIIO-ED1 price control, for the Northern Irish regulator in the CMA’s consideration of the GD17 price control, and for National Grid and UK Power Networks in judicial review proceedings against Ofgem. Other notable experience includes: the appeals as far as the European Court of Human Rights by the parents of Charlie Gard against the decision to restrict medical treatment for their baby; acting for the Electoral Commission in judicial review proceedings arising out of the 2016 EU Referendum; R (Wheeler) v. Prime Minister (challenging the Government’s opt-in to the European Arrest Warrant scheme); R (BASTA) v. Birmingham Airport (a judicial review concerning taxi licensing); and R (Higher Burrow) v. DEFRA (concerning the policy for controlling tuberculosis in cattle). 

Gerard taught Constitutional Law at Magdalen College, Oxford for five years.

He is fluent in French and Spanish.

practice areas

Examples of Gerard’s published cases are given below.


  • Apple v. Qualcomm [2018] EWHC 1188 (Pat) (jurisdiction - FRAND obligations)
  • General Nutrition Investment Co. v. Holland & Barrett International Ltd. [2017] EWHC 746 (Ch) (equitable assignment - notice)
  • Gerald Metals SA v. Timis [2016] EWHC 2327 (Ch) (arbitrators’ powers - LCIA Rules - freezing injunctions)
  • Aspen Insurance UK Ltd. v. Adana Construction Ltd. [2015] EWCA 176; [2015] Lloyd’s Rep. IR 511 (insurance - meaning of “product”)
  • Liberata UK Ltd. v. British Telecommunications plc [2014] EWHC 2565 (Comm) (date to assess remedy - frustration - amendment of statement of case)
  • Hussain v. Seymour [2014] EWHC 891 (QB) (freezing injunction - full and frank disclosure)
  • Opus Property Finance Ltd. v. Arca Homes Ltd. [2013] EWHC 2617 (Comm) (summary judgment - disputed authenticity of document)
  • Terna Bahrain Holding Co. WLL v. Al Shamsi [2012] EWHC 3283 (Comm); [2013] 1 Lloyd’s Rep. 86 (anti-suit injunction - enforcement of arbitral award)
  • E-Nik Ltd. v. Department for Communities and Local Government [2012] EWHC 3027 (Comm); [2013] 2 All ER (Comm) 868 (distinguishing debt/damages - interest under the Late Payment of Commercial Debts legislation)
  • Shared Network Services Ltd. v. NextiraOne UK Ltd. [2011] EWHC 3845 (Comm); Lawtel 9/12/2011 (limitation clause - construction and fairness)
  • Harsco Infrastructure Services Ltd. v. Bellway Homes Ltd. [2011] EWHC 3519 (TCC); [2011] All ER (D) 203 (Oct.) (incorporation of standard contract terms - battle of forms)
  • Coys of Kensington Automobiles Ltd. v. Pugliese [2011] EWHC 655 (QB); [2011] 2 All ER (Comm) 664 (jurisdiction clause - objective test of consensus)
  • British Seafood Ltd. v. Kruk [2008] EWHC 1528 (QB); [2008] All ER (D) 348 (Jun.) (enforcement of judgments - opportunity to contest)


  • Iiyama Benelux BV v. Schott AG [2018] EWCA Civ 220 (EU/EEA competition law - territorial scope)
  • Société Coopérative de Production Seafrance v. CMA [2015] UKSC 75; [2016] 2 All ER 631 (jurisdiction of CMA - relevant merger situation)
  • Accord Healthcare v. Astellas Pharma [2015] EWHC 3676 (Ch) (EU Medicines Directive - conditional marketing authorisation)
  • R (Speed Medical Examination Services Ltd.) v. Secretary of State for Justice [2015] EWHC 3585 (Admin); [2016] ECC 13 (abuse of dominance - government decision)
  • BT v. Ofcom [2014] EWCA Civ 133; [2014] 4 All ER 673 (Communications Act 2003, s.316 - appeals from the CAT)
  • Lafarge Tarmac v. Competition Commission [2013] CAT 27; [2014] Comp AR 69 (pending market investigation - expedited application)
  • BMI Healthcare v. Competition Commission [2013] CAT 24; [2014] Comp AR 8 (market investigation - procedure - data rooms)
  • BSkyB & others v. Ofcom [2012] CAT 20 (access to Sky Sports channels - ex ante remedies)
  • Hays plc & others v. OFT [2011] CAT 8; [2011] Comp AR 389 (OFT Penalties Guidance - fining policy)
  • Coys of Kensington Automobiles Ltd. v. Pugliese [2011] EWHC 655 (QB); [2011] 2 All ER (Comm) 664 (EU reg. 44/2001 - jurisdiction clause - objective test of consensus)
  • Virgin Media v. BSkyB [2008] EWCA Civ 612; [2008] 1 WLR 2854 (concurrent competition proceedings - disclosure - confidentiality)
  • British Seafood Ltd. v. Kruk [2008] EWHC 1528 (QB); [2008] All ER (D) 348 (Jun.) (registration & enforcement of foreign judgments - EU reg. 44/2001)
  • Chester City Council v. Arriva [2007] EWHC 1373 (Ch); [2007] UKCLR 1582 (competition - transport - abuse of dominance)

Public Law

  • EDF & SSE v. GEMA (CMA, 26/2/2018) (energy code modification appeal - transmission charges)
  • Great Ormond Street Hospital v. Yates (no. 2) ​[2017] EWHC 1909 (Fam); [2017] 4 WLR 131 (best interests - fresh evidence)
  • Gard v. UK ​(2017) 65 EHRR SE9 (life-sustaining treatment - right to life - right to private & family life)
  • Firmus Energy v. NIAUR (CMA, 26/6/2017) (gas distribution licence modification appeal - GD17 price control)
  • Re G (a child) ​[2017] EWCA Civ 410; (2017) 157 BMLR 1 (withdrawal of medical treatment - parental wishes)
  • ​R (UK Power Networks) v. GEMA ​[2017] EWHC 1175 (Admin); [2017] ACD 91 (challenge to Ofgem determination - security or payment)
  • R (Speed Medical Examination Services Ltd.) v. Secretary of State for Justice [2015] EWHC 3585 (Admin); [2016] ACD 25 (personal injury reforms - effect on competition)
  • British Gas Trading Ltd. v. GEMA ​(CMA, 29/9/2015) (energy licence modification appeal - RIIO-ED1 price control)
  • R (RWE Generation UK plc) v. GEMA [2015] EWHC 2164 (Admin); [2016] 1 CMLR 17 (discrimination - electricity transmission)
  • R (Western Power Distribution Ltd.) v. GEMA [2014] EWHC 4381 (Admin) (electricity distribution price control - incentives/penalties)
  • R (Wheeler) v. Office of the Prime Minister [2014] EWHC 3815 (Admin); [2015] 1 CMLR 46 (European Union Act 2011 - opting in to European Arrest Warrant scheme)
  • BMI Healthcare v. Competition Commission [2013] CAT 24; [2014] Comp AR 8 (natural justice - confidentiality)
  • R (Wilcock) v. Lancaster City Council [2013] EWHC 1231 (Admin); [2013] LLR 607 (hackney carriage licensing - legitimate expectations)
  • R (Birmingham and Solihull Taxi Association) v. Birmingham International Airport Ltd. [2009] EWHC 1913 (Admin); [2009] LLR 727 (judicial review - contracting decisions of private airport company)
  • R (Higher Burrow Organic Farming Partnership) v. Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 953 (Admin); [2008] All ER (D) 230 (Apr.) (judicial review - agriculture - EU law)


  • Contributor on private international law to Westlaw Insight (since 2012)
  • ‘Combatting the Italian Torpedo’ (European Advocate, Summer 2016)
  • ‘Legal Professional Privilege for Corporations’ (Business Law International, September 2014)
  • ‘Ensuring Due Formality’ (Counsel, April 2014)
  • Contributing author of ‘Competition Litigation: UK Practice and Procedure’ (OUP, 2010)
  • ‘The Battle of the Buses’ (2008) 29 ECLR 271



  • MA Jurisprudence (Oxon.) – First Class
  • BCL (Oxon.) – Distinction

Scholarships and prizes:

  • Honorary Scholar, Westminster School (1995-2000)
  • Distinction in Law Moderations, Oxford University (2001)
  • Norton Rose Law Prize, Magdalen College, Oxford (2001)
  • Scholar, Magdalen College, Oxford (2001-3)
  • Hardwicke Entrance Award, Lincoln’s Inn (2002)
  • Prize for best performance in International Trade paper in Law Finals (2003)
  • Arts and Humanities Research Board studentship for postgraduate study (2003-4)
  • Lord Denning Scholar, Lincoln’s Inn (2004)
  • Bar European Group Phoenicia Scholar (2005)

Directory Quotes

  • “Shows unsurpassed attention to detail and huge technical capability, and has a pleasant manner with clients.” “He’s highly thoughtful and organised, and has a quick mind.” (Chambers & Partners 2018)
  • “Very careful and thorough, and unafraid to argue tricky points in tricky circumstances.” “An excellent junior with a sound knowledge of the electricity industry.” (The Legal 500 2017)
  • "An excellent junior with a sound knowledge of the electricity industry." (The Legal 500 2017)
  • “A very clever and cerebral lawyer.” “He adopts a good, intelligent approach on pleadings and offers very clear advice which helps the clients.” (Chambers & Partners 2017)
  • “Likeable, unflappable, and also fast and attentive.” (The Legal 500 2016)
  • “Provides excellent advice and advocacy.” “He is meticulous, thorough and has very good practical sense.” (Chambers & Partners 2016)
  • “A very bright, able and resilient advocate.” (The Legal 500 2015)
  • “A well-regarded junior with a practice that takes in commercial, competition and public law cases.” (Chambers & Partners 2015)
  • “A very bright young barrister who is destined to be a top performer.” (The Legal 500 2014)
  • “A highly intelligent counsel whose soft-spoken and quiet manner disguises a determined and able advocate.” (Chambers & Partners 2014)
  • “fast gaining a reputation as one of the leading commercial barristers. He is experienced in cases with an international dimension, and has acted on some of the most important cases of recent years.” (Chambers & Partners 2014)
  • “ ‘diligent’ young junior Gerard Rothschild, a ‘clever, hard-working’ junior with ‘commercial acumen,’ who ‘meets deadlines’ and displays ‘very good attention to detail and an extremely careful approach in all he does’.” (Chambers & Partners 2013)
  • A “future star at the Bar” (Legal Week, 2008)


French, Spanish

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