People

Jennifer MacLeod

Year of Call: England and Wales, 2013; New York, 2013 (NY non-practising)

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

Jennifer MacLeod

Year of Call: England and Wales, 2013; New York, 2013 (NY non-practising)

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

Overview

Jennifer MacLeod is a versatile junior with a practice that spans all areas of Chambers’ work, and is often instructed in matters raising issues in more than one field. 

Jennifer is regularly instructed in complex and high-profile litigation.  As well as numerous appearances in the High Court, Competition Appeal Tribunal (CAT) and the Court of Appeal, she has also appeared in the Supreme Court, the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR), and other international tribunals. 

Jennifer acts for a range of clients, from multinational corporations to government and public bodies, NGOs and private individuals.  Her practice entails a mixture of led work as well as a substantial amount of work as sole advocate.

practice areas

Public Law

Jennifer rapidly established an extensive public law practice at the Bar, and is frequently instructed in high-profile, complex and creative challenges.  Her work, which is both led and unled, encompasses the full ambit of public law: from judicial reviews entailing multifaceted elements of EU or pharmaceutical law; to human rights claims in the international courts; as well as acting in a wide range of tribunals, inquests, and claims against public bodies.

Jennifer is currently acting for a range of commercial bodies, particularly in multifaceted regulatory matters involving elements of EU law.  Many of these claims require a consideration of the rights of such bodies and entail A1P1, intellectual property, licensing and free movement issues.

Jennifer also has particular expertise in human rights and civil liberties.  She is currently instructed in a number of cases at the highest level (including the Supreme Court, the ECtHR, and UN Treaty Bodies). She undertakes extensive pro bono work, including for NGOs and campaigning organisations as well as individuals. This builds on her experience in a range of human rights and development organisations prior to coming to the Bar.

Her current and recent instructions include:

  • R (Omid T) v Ministry of Justice (Divisional Court) Instructed for Omid, seeking judicial review of the prohibition on assisted dying (led by Paul Bowen QC).
  • Tagayeva and others v Russia (ECtHR) A successful claim under Article 2 against Russia for its failures in relation to the Beslan hostage crisis (assisting Counsel at the European Human Rights Advocacy Centre).  
  • R (Japan Tobacco International and others) v Secretary of State for Health (High Court, Court of Appeal) representing the manufacturers of tobacco products in a challenge to the UK’s plain packaging regulations (led by David Anderson QC).
  • X and Y v Georgia (CEDAW Committee) a successful claim against Georgia alleging systemic discrimination in relation to domestic violence victims.
  • Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council (Supreme Court) represented the AIRE Centre, interveners in two claims which considered the extent of EU citizenship and the ‘right to reside’ (led by Marie Demetriou QC).
  • Assisting and advising on cases before the ECtHR, including Tagayeva and others v Russia (Beslan hostage crisis), Barakhoyev and Keligov v Russia (abduction, torture and ill-treatment in North Ossetia); Taganova & Esartia v Russia and Mamasakhlisi and other v Georgia and Russia (ethnic cleansing in Abkhazia).  
  • Nicklinson v UK (ECtHR) represented Jane and Tony Nicklinson alleging breach of their procedural Article 8 rights in relation to the prohibition on assisted dying (led by Paul Bowen QC).
  • R (LetterOne Holdings SA and others v Secretary of State for Energy and Climate Change) (High Court) a judicial review of the issuance of a Notice requiring a change of control of petroleum production licenses due to concerns regarding the sanctions regime (settled July 2015) (led by Mark Howard QC, Martin Chamberlain QC and Sarah Ford).
  • Assisted David Anderson QC in his Review of Investigatory Powers, involving consideration of surveillance, security and privacy law in the UK, EU and ECHR.

EU/Competition

EU/Regulatory

Jennifer is an able advocate with mounting experience of a wide range of EU law disputes.  As well as advising clients from an array of different industries, she regularly litigates issues entailing points of EU law in both the domestic and EU courts.  She is comfortable dealing with intricate regulatory structures and has particular experience in pharmaceutical, intellectual property and free movement disputes.

Her current and recent instructions include:

  • Govia Thameslink Railway Ltd v ASLEF (High Court, Court of Appeal), junior counsel for the owner of the Southern Rail franchise in a high-profile attempt to injunct a trade union on the basis of free movement rights.
  • Bank Mellat v Council and others (CJEU) representing Bank Mellat in its appeal to the CJEU in relation to the imposition of general sanctions (led in a team including Richard Blakeley).
  • R (Japan Tobacco International and others) v Secretary of State for Health (High Court, Court of Appeal) representing the manufacturers of tobacco products in a challenge to the UK’s plain packaging regulations (led by David Anderson QC).
  • R (Philip Morris Brands SARL and others) v Secretary of State for Health (CJEU) representing JTI, interested parties in the challenge to the Second Tobacco Products Directive (led by James Flynn QC).
  • Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council (Supreme Court) represented the AIRE Centre, interveners in two claims which considered the extent of EU citizenship and the ‘right to reside’ (led by Marie Demetriou QC).
  • R (LetterOne Holdings SA and others v Secretary of State for Energy and Climate Change) (High Court) a judicial review of the issuance of a Notice requiring a change of control of petroleum production licenses due to concerns regarding the sanctions regime (settled July 2015) (led by Mark Howard QC, Martin Chamberlain QC and Sarah Ford).
  • Frade v Secretary of State for Work and Pensions (FTT), a number of successful appeals in relation to a refusal to recognise the appellant’s Right to Reside in the UK (unled).

Competition

Jennifer also has a rising reputation in competition law: she regularly acts (both led and unled) in the Competition Appeal Tribunal and the High Court.  She has worked on a range of competition damages actions (both standalone and follow-on), including in relation to foam, air cargo, power cables and interchange fees.  She also has experience of abuse of dominance claims for both defendants and authorities.

Her current and recent instructions include:

  • Flynn and Pfizer v CMA (CAT) Acting for the CMA in the appeal by pharmaceutical companies against the fine imposed for excessive pricing on anti-epileptic drugs (led by Mark Hoskins QC, with David Bailey and Hugo Leith).
  • BritNed v ABB; NGET v ABB (High Court) Representing the defendant in follow-on damages actions in relation to power cables in the High Court (led by Mark Hoskins QC and Sarah Ford QC). 
  • Breasley Pillows v Vita and others; Hilding Anders and others v Vita and others (High Court, CAT) Representing the defendant in follow-on damages actions resulting from a foam cartel in both the CAT and the High Court (settled 2016) (led by Mark Hoskins QC). In particular, Jennifer acted unled in the first decision by the CAT on the fast-track procedure in follow-on damages actions.
  • Acting for the defendant in abuse of dominance proceedings in Scotland (led by Fergus Randolph QC).
  • Acting for claimants in injunction proceedings in the High Court on competition grounds (unled).
  • Advising alleged cartelists in the funeral and medical services industries (unled). 
  • GTS Gaz Turbines v Rolls-Royce (High Court), a claim alleging dominance in the aftermarket (settled January 2015) (with a team led by Robert O’Donoghue).

Commercial

Jennifer accepts instructions in all areas of Chambers’ commercial practice.  She has experience of a range of contractual and tortious disputes, as well as insurance claims, professional negligence (including auditors’, solicitors’ and bankers’ negligence), claims against administrative receivers, fraud, bribery, the application of foreign law, aviation and shipping disputes.

In particular, her current and recent work includes:

  • Bentley v GTI (High Court), an expedited trial arising out of a refusal to supply (settled March 2016) (led by Charles Hollander QC).
  • Acting for the defendant in a claim entailing abuse of dominance and shipping law in Scotland (led by Fergus Randolph QC).
  • Acting for claimants in injunction proceedings in the High Court on free movement and competition grounds (both led and unled).
  • Advising on a number of claims arising out of aviation regulation (unled).
  • Energy Venture Partners Ltd v Malabu Oil and Gas Ltd (Court of Appeal) a $200 million case arising out of the sale of a Nigerian oil field (as a pupil, assisting Fionn Pilbrow and Mark Howard QC).
  • OMV Petrom SA v Glencore International AG (High Court), a claim for $63 million, arising out of a purported fraud in the sale of oil to Romania in the 1990s (as a pupil, assisting Fionn Pilbrow).
  • MT Erin Schulte (Court of Appeal), a shipping case regarding the true interpretation of the “holder” of a bill of lading (as a pupil, assisting Fionn Pilbrow).
  • Ahmad v Bank of Scotland (High Court), defending a claim against administrative receivers (as a pupil, assisting Fionn Pilbrow).
  • Castmasters v Sarclad (High Court), a contractual dispute concerning agency activities in China (as a pupil, assisting Victoria Wakefield and Thomas Plewman SC).
  • Sarclad v APT & Ors (High Court), a copyright/confidential information claim (as a pupil, assisting Victoria Wakefield and Thomas Plewman SC).

Publications

Environmental Rights Mobilisation in the Witwatersrand, Social Research (2012: 3), Co-Author

Gender and Socio-Economic Rights: The Case of Gender Based Violence and Health, Symbols or Substance (2012) (1st Ed, CUP), Co-Author

Constitutional Court Review, 2011 SAJHR 3, 566, Co-Author

Women and the Law in Iraq, (2011) (1st Ed, IILHR), Author

Career & Qualifications

Employment

September 2014 – present: Tenant, Brick Court Chambers

September 2013 – September 2014: Pupil, Brick Court Chambers

July 2012 – June 2013: Lead Consultant on Due Diligence Project, Special Rapporteur for Violence against Women/ UN Women

January 2012 – June 2012: Visiting Lecturer, University of the Witwatersrand

January 2011 – December 2011: HLS Holmes Public Interest Fellow, Socioeconomic Rights Institute of South Africa

August 2010 – December 2010: Senior Fellow, Institute for International Law and Human Rights

Education

2012 – 2013: BPTC, City Law School (Outstanding)

August 2010: NY State Bar Exam

2009 – 2010: LL.M, Harvard Law School

2006 – 2009: MA (Hons) Law, University of Cambridge (Downing College) (First Class)

Scholarships and Prizes

2014: Baron Dr Ver Heyden de Lancey Prize, Middle Temple; Peter Duffy Scholarship, Bar European Group; Conference Scholarship, Administrative Law Bar Association

2013: Barstow Scholarship, Oxford University Press Prize for Excellence in Advocacy and Procedure, Worshipful Company of Arbitrators Prize for Commercial Law, and Bar Association for Commerce, Finance and Industry Prize for Commercial Law and Civil Procedure, City Law School; Certificate of Honour, Middle Temple

2012: Queen Mother Scholarship, Middle Temple

2010: Holmes Postgraduate Fellowship for Human Rights, Harvard Law School

2009: Cambridge-Harvard Law Link Scholarship, Cambridge University/ Harvard Law School; Travel Fellowship from the Institute of Global Law and Policy, Harvard Law School; Prize for Commercial Law, Cambridge University; Senior Harris Scholarship, Buchanan Prize and Platt Prize, Downing College

2008: Prize for Contract Law and Squire Scholarship, Cambridge University; Harris Scholarship, Buchanan Prize and Platt Prize, Downing College

2007: Squire Scholarship, Cambridge University: Harris Scholarship and Lovells Prize, Downing College

Professional Memberships

ALBA, BEG, COMBAR, JUSTICE


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