People

Jemima Stratford QC

Year of Call: 1993 Silk: 2010

Clerk: Ian Moyler ian.moyler@brickcourt.co.uk

Jemima Stratford QC

Year of Call: 1993 Silk: 2010

Clerk: Ian Moyler   ian.moyler@brickcourt.co.uk

“a delight to work with and always has an iron grip on the detail of a case.”
- Chambers & Partners 2013

“impressive, thorough, and down to earth”
- The Legal 500 2013

overview

Jemima Stratford specialises in EU law (including competition law), public law (including public international law) and human rights. She has appeared before the full range of English courts and tribunals, the ECJ/GC in Luxembourg and the European Court of Human Rights in Strasbourg.

Jemima's public law and human rights work have taken her to the Supreme Court and to the Grand Chamber of the ECtHR. She has appeared in more than 45 cases in Luxembourg, and her EU practice includes competition law cases in the CAT, Commercial Court and Patents Court. She was part of the team for the OFT in the bank charges litigation, and has particular EU expertise in the areas of pharmaceuticals and telecommunications.

Current cases include:
  • Nokia v HTC (competition law and FRAND dispute over mobile phone licences) High Court
  • Several matters concerning the new EU legislation in the financial sector (e.g. on market-making activities, the Single Supervisory Mechanism and the Single Resolution Mechanism)
  • Allergan v Ipsen (competition issues in IP case about Botox)
  • Advising major telecoms company in relation to the current Ofcom Market Review
  • Acting for several pharmaceutical companies in Luxembourg cases concerning data exclusivity
  • St Prix v S/S Work and Pensions (whether a pregnant woman remains a worker - pending before CJEU on reference from the Supreme Court)

practice areas

EU/Competition

Important Cases

  • Case C-403/08 Football Association Premier League (ECJ) (free movement of satellite decoder cards)
  • Case C-240/09 Lesoochranarske (ECJ) 8 March 2011 (status of mixed agreement, the Arhus Convention, in EU law)
  • Case C-343/09 Afton Chemical (ECJ) 8 July 2010 (legality of ban on fuel additive)
  • OFT v Abbey National and ors (Commercial Court, CA and Supreme Court), [2009] UKSC 6 (test case concerning unauthorised overdraft charges)
  • R v Patel & Hussain (CA) [2010] 1 WLR 1011 (whether counterfeit viagra placed on the market in the UK)
  • Case C-555/07 Kucukdeveci (ECJ) 19 January 2010 (age discrimination and horizontal direct effect)
  • Case T-246/08 Melli Bank plc v Council (CFI) 9 July 2009 (Iranian sanctions)
  • Case C-527/07 Generics (ECJ) 18 June 2009 (meaning of 'reference medicinal product')
  • Case C-421/07 Damgaard (ECJ) 2 April 2009 (advertising of pharmaceuticals)
  • Case C-345/06 Heinrich (ECJ) 10 March 2009 (legality of secret annex to regulation)
  • Case C-524/06 Huber (ECJ) 16 December 2008 (data processing in state register of foreign nationals)
  • Philips v Amino [2008] EWHC 2604 (Pat) (patent and competition law claim concerning set-top boxes)
  • Case C-452/06 Synthon (ECJ) 16 October 2008 (mutual recognition of pharmaceuticals)
  • Joined Cases C-39/05 P and C-52/05 P Sweden and Turco v Council (CFI and ECJ) The Times, 27.7.08 (access to legal opinion)
  • Spencer v Sec. of State for Work and Pensions; Moore v Sec. of State for Transport (CA) [2009] 2 WLR 593 (compatibility of limitation period with principle of equivalence)
  • Byrne v Sec. of State for Transport and MIB (CA) [2008] 3 WLR 1421 (Francovich damages claim)
  • Ericsson v Samsung [2007] EWHC 1047 (Pat) (licensing of patents on fair, reasonable and non-discriminatory terms)
  • Independent Media Support Ltd -v- Ofcom, Red Bee Media Ltd and BBC [2008] CAT 13
  • Case C-64/05 P IFAW (ECJ), The Times 11.1.08 (access to Member State documents)
  • Case C-1/05 Jia (ECJ) [2007] ECR I-0001 (free movement rights and right to residence)
  • Foulser v Macdougall (HMIT) [2007] EWCA Civ 8 (High Court and CA) (freedom of establishment and tax avoidance scheme)
  • Case C - 374/04 Test Claimants in Class IV of the ACT Group Litigation (ECJ) [2006] ECR I-11673 (freedom of establishment and dividends)
  • Poole and ors. v HM Treasury (Commercial Court and CA) The Times 1.12.06 (Group Litigation concerning Lloyd's Names)
  • Case C-112/03 SFIP (ECJ) [2005] ECR I-3707 (Brussels Convention)
  • Phonographic Performance Ltd v DTI & AG [2004] 1 WLR 2893 (Ch Div.) (limitation periods and abuse of process in EU damages claim)
  • Case C-245/00 SENA v NOS (ECJ) [2003] ECR I-1251 (rental and lending rights)
  • Case C-106/01 R v MCA, ex parte Novartis (High Court, CA and ECJ) [2004] ECR I-4403 (pharmaceutical marketing authorisations)
  • Case C-491/01 R (Imperial Tobacco and ors) v Secretary of State for Health (ECJ) [2002] ECR I-11453 (legal base for Directive)
  • Ingmar Ltd v Eaton Leonard Inc (QBD) [2001] EuLR 755 (approach to calculation of compensation under the Commercial Agents Regulations)
  • Tamarind International Ltd and others v Eastern Natural Gas (Retail) Ltd and another (Commercial Court) [2000] CLC 1397, The Times 12 June 2000 (applicability of Commercial Agents Regulations to gas and electricity sales agents)
  • Case C-208/00 Uberseering v NCC Nordic Construction (ECJ) [2002] ECR I- 9919 (freedom of establishment for companies)
  • Case C-101/01 Bodil Lindqvist (ECJ) [2003] ECR I- 12971 (first case on Data Protection Directive before ECJ)
  • R (Lambiris) v Specialist Training Authority (High Court) [2002] All ER (D) 503, [2002] EuLR 591 (CA) 8 May 2003 (recognition of specialist medical qualifications)
  • R v Secretary of State for Trade and Industry and ors, ex parte Imperial Tobacco & ors (Admin Ct) The Times 29 October 1999; (CA) [2002] QB 161, [2000] 1 AllER 572, The Times 17 December 1999; (HL) [2001] 1 WLR 127, The Times 20 December 2000; (ECJ) The Times 10 October 2000 (lack of competence for Directive and power of domestic courts to grant injunction)
  • Case C-94/98 R v MCA, ex parte RPR (High Court and ECJ) [1998] EuLR 127, [1998] EuLR 181, [1999] ECR I-8789 (parallel imports of pharmaceuticals and test for injunction)
  • Case C-368/96 R v MCA, ex parte Generics (ECJ) [1998] ECR I-7967 (pharmaceutical marketing authorisations)

Public Law

Important Cases

Administrative & Public Law

  • R (Luton and ors) v Sec. of State for Education (Building Shools for the Future)
  • R (Philip Morris and ors) v Sec. of State for Health (tobacco display ban)
  • Celgene v NICE June 2010 (availability of rare cancer drug)
  • Jones v Saudi Arabia and ors.; Mitchell v Al-Dali and ors. (HL) [2006] 2 WLR 1424 (operation of state immunity in civil proceedings alleging torture)
  • Council for Regulation of Healthcare Professionals v GMC and Prof. Southall (Admin Ct) [2005] EWHC 579 (Admin) (appeal against professor of paediatrics arising out of Sally Clarke case)
  • CRHP v GMC and Basiouny (Admin Ct) The Times 7 February 2005 (developed legal test for undue leniency appeals)
  • CRHP v GMC and Leeper (Admin Ct) The Times 1 September 2004 (undue leniency appeal)
  • CHRP v GMC and Ruscillo (Admin Ct and Court of Appeal) [2004] 1 WLR 2068 [2005] 1 WLR 717 (first appeal under 2002 Act concerning serious professional misconduct charges against doctor)
  • CRHP v GMC and Solanke [2004] 1 WLR 2432 (set legal test for undue leniency appeals in healthcare field)
  • R (T-Mobile and ors.) v Competition Commission and ors. (High Court) [2003] All ER (D) 377 (regulation of mobile phone termination charges)
  • R (CND) v Prime Minister and ors. (Div. Ct) [2002] All ER (D) 245 (declaration sought concerning UN Resolution on Iraq)
  • R (Smeaton) v Secretary of State for Health and ors [2002] 2 FLR 146, The Times 2 May 2002 ("morning after pill" case)
  • R v The Department of Health, ex parte Source Informatics Ltd (CA) [2001] QB 424, [2000] EuLR 397, [2000] 1 All ER 786, The Times 18 January 2000 (use of anonymised patient information)

Human Rights

  • Jones v UK (ECtHR) (state immunity and torture)
  • LR v UK (ECtHR) (human trafficking)
  • AE, AF and AN v Secretary of State for the Home Department (HL) The Times 11 June 2009 (fairness of control order hearings)
  • RP v UK (ECtHR) (fairness of role of Official Solicitor in child care proceedings)
  • R.K. and A.K. v United Kingdom (ECtHR) (30.09.08) (Strasbourg cases arising out of HL judgment in D v East Berkshire)
  • R (Gentle and Clarke) v The Prime Minister and ors (HL) [2008] 2 WLR 879 (whether Art 2 ECHR requires an inquiry into the legality of the war in Iraq)
  • Entico v UNESCO [2008] EWHC 531 (immunity of UNESCO and Article 6 ECHR)
  • Association SOS Attentats and anor. v France (ECtHR) (25.10.06) (Intervention for UK in case concerning state immunity and Libyan terrorist attack)
  • Grant v UK (ECtHR) (23 May 2006) (rights of a transexual)
  • R (Hooper and ors) v Secretary of State for Work and Pensions (High Court, Court of Appeal and House of Lords) [2002] UKHRR 785, The Times 28 June 2003, [2003] 3 All ER 673, [2003] 1 WLR 2623, [2005] 1 WLR 1681 (test cases concerning widows' benefits under the Human Rights Act 1998)
  • Bullerwell v UK (ECtHR) 12 December 2002 (length of proceedings)
  • Roche v UK (ECtHR) The Times, October 27, 2005 (testing at Porton Down of mustard gas and nerve agent; violation of Article 8 found due to failure to provide information)
  • Z v UK (ECtHR) (2002) 34 EHRR 3, The Times 31 May 2001; TP & KM -v- UK (ECtHR) The Times 31 May 2001 (right to a fair hearing and claims in tort against public authorities - overturned Osman v UK)
  • Kingsley v United Kingdom (EctHR) (2002) 33 EHRR 13,The Times 9 January 2001 and Grand Chamber Judgment, 28 May 2002 (independent and impartial tribunal and leading judgment on just satisfaction in Article 6 cases)
  • Stefan v UK (ECHR) (1997) 25 EHRR CD 130 (GMC Health Committee proceedings not contrary to Art. 6)

Qualifications & Further Information

Degree

BA (New College Oxford, Modern History First Class); Dip Law (City University, with Distinction)

Lectures/Seminars

Lecturer on European and competition law (King's College, London, Hart Publishing, Lexis-Nexis and Slynn Foundation); human rights (Foreign Office, Council of Europe and JUSTICE/Sweet & Maxwell); judicial review (Public Law Project, Lexis-Nexis).

Further Information

Member of JUSTICE (Executive Board & Council), ALBA (Vice-Chair), Bar Human Rights Committee, COMBAR, Bar European Group, European Circuit of the Bar of England and Wales, Bar Pro Bono Unit, Liberty

Languages: good French; basic German

Consistently recommended in sections on EU and competition law, administrative and public law, and civil liberties and human rights by Chambers and Partners and Legal 500.

Publications

Contributor to "Competition Litigation: UK Practice and Procedure" (OUP, 2010)

Author of "Striking the Balance: Privacy v Freedom of Expression under the European Convention on Human Rights", published in "Developing Key Privacy Rights" (Hart, 2002)

Co-author of "Competition: Understanding the 1998 Act" (Palladian, 1999)

Directory Quotes

  • "Very down to earth and commercially sensible." (The Legal 500 2014)
  • "impressive, thorough, and down to earth" (The Legal 500 2014)
  • "very astute" (The Legal 500 2013)
  • "slick and impressive, but down-to-earth with it." (Chambers & Partners 2013)
  • "an excellent team player" (Chambers & Partners 2013)
  • ""a delight to work with and always has an iron grip on the detail of a case." "A fount of knowledge on EU law and regulations," she is "spot-on in terms of strategy" (Chambers & Partners 2013)
  • "amazing intellect and excellent client manner." (Chambers & Partners 2012)
  • "A wide-ranging barrister with an active practice, she is just a great person to work with" (Chambers & Partners 2012)
  • "she is unbelievably accessible when you need her" (Chambers & Partners 2012)

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