Brick Court Chambers

Richard Howell

Richard Howell

YEAR OF CALL: 2018

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Richard joined Chambers as a tenant in September 2019, following the successful completion of his pupillage under the supervision of Martin Chamberlain QC, Tony Singla QC and Marie Demetriou QC. He is now developing a broad practice across all of chambers’ main practice areas, including public, EU/international, competition and commercial law.

Examples of current and recent instructions include:

  • R (Miller) v Prime Minister – junior counsel for the Prime Minister in the English prorogation litigation before the Divisional Court and Supreme Court.
  • R (Liberty) v Prime Minister – junior counsel for the Prime Minister in English proceedings concerning the EU (Withdrawal) (No.2) Act 2019 (‘the Benn Act’).
  • Allianz Global Investors v Barclays Bank – acting in a competition damages claim arising out of allegedly unlawful activity by banks on the foreign exchange market (with Marie Demetriou QC and Colin West QC).
  • OT Computers v Infineon Technologies - junior counsel in appeal concerning s.32(1)(b) of the Limitation Act 1980 in competition claims (with Daniel Jowell QC)

Expand All
  • Public Law M

    Examples of current and recent instructions include:

    • Junior counsel for the Government in the English judicial reviews concerning the EU (Withdrawal) (No.2) Act 2019 (‘the Benn Act’), including R (Liberty) v Prime Minister [2020] 1 WLR 1193 (prerogative powers, the frustration principle, and judicial comity between UK jurisdictions in public law cases).
    • Junior counsel for the Government in R (Miller) v Prime Minister in the Divisional Court [2019] EWHC 2381 (QB) and Supreme Court [2020] AC 373 (concerning prorogation, prerogative powers, justiciability, parliamentary sovereignty, and art. IX of the Bill of Rights).
    • Junior counsel (led by Maya Lester QC and Sarah Love) in R (Bluebird Boats) v The Royal Parks Limited, a challenge to the decision to break the continuity of boating services on the Serpentine (permission and interim relief judgment: [2020] EWHC 3647 (Admin)).
    • Defending appeals against enforcement orders under the Child Support Act 1991.
    • Resisting non-party costs orders under the Civil Legal Aid (Costs) Regulations 2013.
    • Obtaining an extension of an interim suspension of a paramedic from the Administrative Court.
    • Advising in an employment case concerning the presumption against Crown application, the divisible capacity of the Crown in overseas territories, and the employment status of police officers.
    • Advising in relation to Articles 2, 3, 6, 7 and 14 of the ECHR.

    As a pupil, Richard assisted in a range of public law matters, including:

    • R (British Telecommunications plc) v HM Treasury [2019] Pens LR 2019 (judicial review in the Divisional Court on powers to index public sector pensions, improper purpose and A1P1, with Martin Chamberlain QC and Tim Johnston).
    • R (Privacy International) v IPT [2020] AC 491 (an intervention in the Supreme Court on the interpretation and permissibility of clauses ousting judicial review, with Martin Chamberlain QC and David Heaton).
    • R (BF (Eritrea)) v SSHD [2020] 4 WLR 38 (intervention in judicial review of the legality of the Home Office’s age assessment policy, with Martin Chamberlain QC).
    • R (Advanz Pharma Corp) v CMA [2019] EWHC 1605 (Admin) (judicial review on procedural fairness and rationality of CMA investigative decisions, with Marie Demetriou QC).
  • Competition M

    Examples of current and recent instructions include:

    • Richard acts as junior counsel for the Claimants (led by Marie Demetriou QC and Colin West QC) in Allianz Global Investors v Barclays Bank and others, a follow-on and standalone damages claim brought in respect of allegedly unlawful conduct by banks on the foreign exchange market: see [2021] 4 CMLR 18 (judgment on pass on, standing to sue and reflective loss).
    • Junior counsel in OT Computers (In Liquidation) v Infineon Technologies [2021] EWCA Civ 501 on s.32(1)(b) of the Limitation Act 1980 in competition cases (led by Daniel Jowell QC).
    • Junior counsel for the appellant in appeal against a CMA decision to impose the maximum penalty under the Competition Act 1998, including a challenge to the legality of the CMA’s penalty guidance (led by Robert O’Donoghue QC): [2020] CAT 13; [2020] CAT 28.
    • Advice on the notification of mergers under the Enterprise Act 2002.

    As a pupil, Richard assisted in a range of competition cases, including:

    • Ping Europe Limited v CMA [2020] 4 AER 276 (restrictions of competition by object, with Marie Demetriou QC).
    • Electro Rent Corp v CMA [2019] CAT 4 (breach of interim order during merger control reference, with Marie Demetriou QC).
    • Personnel Hygiene Services v CMA (judicial review of remedy on merger reference, with Marie Demetriou QC and Tom Pascoe).
  • Commercial M

    Examples of current and recent instructions include:

    • Gazprom Export LLC v DDI Holdings Limited [2020] 4 CMLR 16, led by Neil Calver QC (abuse of process by way of collateral attack on arbitration awards and the effectiveness of EU law).
    • Office Depot v Holdham [2019] 4 WLR 120, led by Marie Demetriou QC (relationship between CPR Part 11 and article 30 of the Brussels Regulation, and whether there is a presumption of a stay under article 30).

    As a pupil, he assisted in a range of commercial matters, including:

    • Vasant v NHS Commissioning Board [2020] 1 AER (Comm) 799 (uncertain contracts and reference to extrinsic material in interpretation, with Marie Demetriou QC).
    • Harbour Fund III, LP v Kazakhstan Kagazy plc and others (construction of litigation funding agreement and relationship between damages and costs; (with Tony Singla)).
    • An arbitration involving a delay claim and alleged economic torts (with Tony Singla).
    • Chu v Borrelli [2019] HKCA 622 (redemption of share mortgages, with Charles Hollander QC).
  • International/EU M

    Examples of current and recent instructions include:

    • Junior counsel in a judicial review on whether contractual payments fell within the Altmark criteria or were State aids.
    • Advice on the Refugee Convention.
    • Advice on environmental obligations under customary international law.
    • Advice on the recovery of EU grants and the interpretation of the EU Financial Regulation (2018/1046/EU).
    • Advice on EU external relations law and dispute resolution.

    As a pupil, Richard assisted in a range of EU/international law matters, including:

    • Micula v Romania [2020] 1 WLR 1033 (appeal and cross-appeal to Supreme Court on EU law, the Arbitration (International Investment Disputes) Act 1966 and Brexit, with Marie Demetriou QC and Hugo Leith).
    • Gubeladze v Secretary of State for Work and Pensions [2019] AC 885 (‘goldplating’ of EU directives, construction of Citizens Rights Directive, derogations under Treaties of Accession, with Martin Chamberlain QC).
    • Advice on the foreign act of state doctrine and the statutory presumption against extraterritoriality (with Marie Demetriou QC).
  • Education and qualifications M

    Education and qualifications

    • 2017-2018: BPTC, City Law School (Outstanding)
    • 2014-2015: GDL, City Law School (Distinction)
    • 2011-2014: BA, History, Wadham College, Oxford (1st class)

    Scholarships and Prizes

    Honourable Society of Middle Temple:

    • Baron Dr Ver Heyden de Lancey Prize

    City Law School:

    • Barstow Scholarship
    • Worshipful Company of Arbitrators Prize

    Wadham College, University of Oxford:

    • Gibbs Book Prize
    • Cheney Prize
    • Undergraduate scholarships

    Other experience

    Before coming to the Bar, Richard worked for a year in politics, providing policy advice and assistance to cabinet ministers, MPs and peers.