Brick Court Chambers

Jagoda Klimowicz

Jagoda Klimowicz

YEAR OF CALL: 2021

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Jagoda practises in public, competition/EU and commercial law. She joined chambers in September 2022 following successful completion of pupillage supervised by Sarah Love, Richard Eschwege and Malcolm Birdling.

Jagoda holds first class degrees from King’s College London (LLB) and the University of Cambridge (LLM). Prior to coming to the bar she worked in various research assistant and paralegal roles, including at the Law Commission of England and Wales and at the Lauterpacht Centre for International Law. She holds 14 awards and scholarships.

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  • Public Law M

    Jagoda accepts instructions across all areas of public law. She acts for both claimants and defendants and her recent experience includes:

    • Kanu v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWHC 652 (Admin): successfully representing the FCDO in a judicial review in which the High Court clarified the scope of the Abbasi duty in an alleged rendition case (led by Sir James Eadie KC and Malcolm Birdling)
    • Ariste v The King (the Bahamas): representing the Appellant in this Privy Council appeal from the Bahamas concerning a conviction obtained on the basis of a coerced confession (led by Paul Bowen KC and Emma Mockford)
    • R (Livingstone and Bromley) v the Equality and Human Rights Commission: an Article 10 challenge to the EHRC’s report finding that Ken Livingstone and Pam Bromley as agents of the Labour Party unlawfully harassed Jewish Labour Party members (led by Jonathan Crow KC and Malcolm Birdling)
    • R (L J Fairburn & Son and others) v Secretary of State for Environment, Food and Rural Affairs: acting for the claimants and the National Farmers’ Union (as intervener) in this challenge concerning compensation for birds culled in order to curb avian influenza (led by Malcolm Birdling)
    • Advising a regulator as to the delegation of powers under the Legal Services Act 2007 (led by Tim Johnston)
    • Advising an NGO as to a potential arms trade challenge under Criterion 2(c) of the Strategic Criteria (led by Jemima Stratford KC)
    • As sole counsel, advising a government department on the consequences of the Retained EU Law (Revocation and Reform) Bill
    • As sole counsel, representing a local councillor in a Code of Conduct complaint
    • As sole counsel, successfully appealing a benefits decision by the DWP in the First-Tier Tribunal (Social Security and Child Support) for a vulnerable applicant with multiple physical and mental health diagnoses (listed by Advocate in its Monthly Top Ten)

    During pupillage, Jagoda worked on a wide range of public law cases, including:

    • Camelot UK Lotteries Limited v The Gambling Commission: a procurement challenge to the Gambling Commission’s decision to award the Fourth Licence for the National Lottery to Allwyn (assisting Malcolm Birdling)
    • R (Dover Harbour Board) v Secretary of State for Transport: a judicial review concerning the allocation of funds to Dover Port following Brexit (assisting Sarah Love)
    • R (All About Rights Law Practice) v Lord Chancellor [2021] EWHC 3048 (Admin): a judicial review concerning the withdrawal of a contract for the provision of legal aid services (assisting Sarah Love)
    • R (Tsang) v Secretary of State for Foreign, Commonwealth and Development Affairs: a judicial review in relation to a decision not to register the overseas birth of a child (assisting Malcolm Birdling)
    • legal advice concerning freedom of speech obligations on universities (assisting Malcolm Birdling)
    • legal advice in relation to an award of a substantial services contract said to be in breach of the Public Contracts Regulations 2015 (assisting Sarah Love)
    • legal advice in relation to the child maintenance statutory scheme (assisting Malcolm Birdling)
    • legal advice as to the availability of public law remedies following an incorrect birth registration (assisting Malcolm Birdling)

     

  • Commercial M

    Jagoda accepts instructions across all areas of commercial law. Her experience since becoming a tenant includes:

    • JSC Commercial Bank Privatbank v Kolomoisky and others: a $1.9 billion claim against the former owners of Privatbank, Ukraine’s largest lending bank, alleging misappropriation of funds (led by Mark Howard KC, Mike Bools KC, Alec Haydon KC, Alex Milner KC and Geoffrey Kuehne).
    • United House Group Holdings Limited v Telford Homes Limited: a £3 million breach of contract claim (led by Thomas Plewman KC)
    • Phibatec Limited v Cooper: a $1 million breach of contract claim (led by Fred Hobson)

    Jagoda also acts as sole counsel – for example, she recently successfully made a summary judgment application in the county court in a claim concerning an erroneous water bill, and successfully resisted a strike out in a preliminary hearing in the Employment Tribunal (acting pro bono).

    During pupillage, she worked on a wide range of commercial cases, including:

    • a £70 million conspiracy claim relating to the purchase and sale of a world-renowned collection of classic Ferraris (assisting Richard Eschwege)
    • a challenge to an arbitration award under sections 67, 68 and 69 of the Arbitration Act 1996 (assisting Richard Eschwege)
    • a breach of confidence claim in relation to credit investment in Venezuela (assisting Richard Eschwege)
    • a claim for breach of contract and wrongful termination in relation to the supply of hand sanitiser (assisting Richard Eschwege)
    • a dispute in relation to an allegedly sham agreement for the transfer of shares (assisting Richard Eschwege)
    • a retrial of an alleged fraudulent conspiracy under Russian law (assisting Richard Eschwege)
    • a claim concerning an agreement for payment and transfer of 1% shareholding in a state-owned company and related alleged sham agreements (assisting Richard Eschwege)
    • legal advice concerning the duty of fair presentation in relation to excess of loss reinsurance (assisting Richard Eschwege)
    • legal advice concerning a claim of fraudulent misrepresentation (assisting Richard Eschwege)
  • International/EU M

    Jagoda is developing a practice on the interaction between domestic and international/EU law. In particular, she has advised an NGO on a potential domestic challenge concerning a foreign state’s breaches of international humanitarian law, and (as sole counsel), a government department on the retention of general EU principles. She has also appeared in the High Court in a judicial review addressing the scope of the FCDO’s duties to a British national allegedly subjected to rendition by Nigeria (Kanu v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWHC 652 (Admin), led by Sir James Eadie KC and Malcolm Birdling) and the Privy Council in relation to the right of access to a lawyer under the Bahamas Constitution (Ariste v The King (the Bahamas), led by Paul Bowen KC and Emma Mockford).

    During pupillage, Jagoda worked on the following EU cases:

    • Super League (CJEU): claim alleging that UEFA and FIFA's organisation of international competitions is contrary to the requirements of competition law (assisting Sarah Love)
    • Symrise v European Chemicals Agency (PETA intervening): a challenge to the European Chemicals Agency’s requirement for animal testing in relation to a cosmetic product (assisting Sarah Love)
    • Dana Astra IOOO v Council of the European Union: a challenge to a sanctions measure in relation to a Belarus construction company (assisting Maya Lester KC and Malcolm Birdling)
  • Competition M

    Jagoda accepts instructions across all areas of competition law. Her recent experience includes advising a competition authority as to a potential cartel (led by Jemima Stratford KC).

    During pupillage, she worked on a wide range of competition cases, including:

    • Kelkoo.com (UK) Limited and others v Google UK Limited and others: a claim for damages for self-preferencing behaviour as an abuse of dominance infringing Article 102 TFEU and Chapter II of the Competition Act 1998 (assisting Sarah Love)
    • Le Patourel v BT: a collective action for abuse of dominance in relation to pricing of voice only telephony (assisting Sarah Love)
    • Allianz Global Investors GmbH v Barclays Bank plc (FX litigation): follow-on and stand-alone claims for damages for anti-competitive conduct affecting FX markets (assisting Sarah Love)
    • Optis Cellular Technology LLC and others v Apple Retail UK Limited and others: SEP FRAND litigation (assisting Sarah Love)
    • a collective action against Amazon concerning the Buy Box (assisting Sarah Love)
  • EDUCATION & QUALIFICATIONS M

    Education

    2019–21:  Bar Professional Training Course (BPP Holborn): Very Competent

    2018–19:  LLM (University of Cambridge): First Class Honours

    2014–17:  LLB (King’s College London): First Class Honours

     

    Professional employment

    2019–21:  Research Assistant in Public Law – Law Commission of England and Wales

    2019:  Research Assistant – Lauterpacht Centre for International Law, Cambridge

    2018:  Paralegal in Banking Litigation and Public Law – Herbert Smith Freehills LLP

    2017–18:  Legal Assistant in Asset Finance – White & Case LLP

    2017–18:  Research Assistant in Competition Law – King’s College London

    2016:  Undergraduate Research Fellow in Competition Law – King’s College London

     

    Awards and scholarships

    John and Sophie Laws Bar European Group Scholarship 2022

    Reward & Recognition Award, Law Commission of England and Wales

    Gray’s Inn Residential Scholarship 2019

    Gray’s Inn Wilfred Watson Scholarship 2019

    BPP Advocacy Award 2019

    Jesus College Scholarship 2019

    Pro Bono Certificate, White & Case LLP

    King’s Experience Research Award 2016

    Phillip C. Jessup International Moot Court Competition 2017

    UK Champion

    International Quarter-Finalist (6th place)

    International Best Respondent Memorial (2nd place)

    International Best Combined Memorial (9th place)

    Times 2TG Moot 2017 – Semi-Finalist

    Wildy & Sons Moot 2015 – Finalist