Victoria’s regulatory/EU/competition law practice includes energy, pharmaceuticals, agriculture, tobacco, cosmetics, medical devices, commercial agents, procurement, human rights and general regulatory work. She undertakes significant advisory work (in particular in relation to competition matters). She regularly appears in both the Court of Justice of the European Union and national courts (including the Competition Appeal Tribunal, the High Court, the Court of Appeal and the Supreme Court) as well as in arbitration.
Important cases include:
In the national courts
- Merricks v Mastercard [2019] EWCA Civ 674 – Victoria represents Walter Merricks in this collective action against Mastercard in respect of their unlawful Interchange Fee. Mr Merricks seeks to represent a class of some 46 million people, in a claim worth some £14 billion. In April 2019, Mr Merricks was victorious in the Court of Appeal, and his application for a Collective Proceedings Order has now been remitted to the Competition Appeal Tribunal.
- Lloyd v Google [2018] EWHC 2599 – Victoria is instructed by Richard Lloyd in this Data Protection Act representative action, in respect of a mass data breach by Google. In July 2019, the Court of Appeal will hear Mr Lloyd’s appeal against the first instance judgment of Warby J on service out of the jurisdiction.
- MGR & Ors v HMRC & BMW [2019] EWCA Civ 485 – Victoria is instructed in this complex EU law restitution claim. In March 2019, following a five-day hearing, the Court of Appeal upheld the judgment of the Upper Tribunal in BMW’s favour.
- R (El Gizouli) v Home Secretary [2019] EWHC 60 (Admin) – Victoria represents the Home Secretary in this high profile case concerning the death penalty. The Home Secretary’s decision to share evidence with the USA without requiring a death penalty assurance was upheld by the Divisional Court. The Supreme Court will hear the appeal against that decision in July 2019. The grounds of appeal include breach of EU data protection law.
- R (Utilita) v BEIS (2019) – Victoria is instructed by the Claimants in this challenge in respect of Smartmeters, involving questions of EU energy and environmental law. It is listed to be heard in July 2019.
- R (Tempus) v BEIS (2019) – Victoria was instructed in this State Aid challenge to the UK’s breach of the standstill requirement in the electricity capacity market.
- Queens Park Rangers v the English Football League (Arbitration Award October 2017; appeal settled in July 2018) – Victoria was junior counsel for QPR in this competition and public law challenge to the Championship 2012 Financial Fair Play Rules.
- Confidential arbitration (2017) – Victoria was instructed in an arbitration in relation to a regulated contract in the railway sector.
- NICE appeals for Roche – Victoria appeared as sole counsel for Roche before the appeal panel of the National Institute for Health and Care Excellence on three occasions (December 2016; September 2016; December 2017).
- R (UNISON) v The Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409 – Victoria addressed a seven-judge Supreme Court in access to justice challenge to the introduction of fees in employment tribunals. The challenge raised issues of EU law, Human Rights and the common law
- R (Hemming, trading as Simply Pleasures) v Westminster (first Supreme Court hearing: [2015] 2 WLR 1271; CJEU hearing: [2017] 3 WLR 317; second Supreme Court hearing: [2017] UKSC 50; [2017] 3 WLR 317)– Victoria was instructed in this case concerning the applicability of the Services Directive to licensing regimes (in particular, to the licensing of sex shops in Westminster). Initially instructed as junior counsel, when the case returned to the Supreme Court, she led the advocacy in respect of the questions of restitution as a matter of EU law and at common law.
- R (Minchinhampton Committee of Commoners & Ors) v DEFRA (settled 2017) – Victoria was instructed unled on behalf of a group of farmers. The case led to Defra reversing its previous policy in respect of farming on common land, with the potential to benefit farmers by many millions of pounds.
- R (British American Tobacco) v Secretary of State for Health [2016] EWHC 1169 – Victoria was instructed, led by David Anderson QC, in this high profile challenge to the introduction of plain packaging for cigarettes.
- R (Roche Registration Limited) v the MHRA [2016] 4 WLR 46 - This high profile case concerned the first application of the pharmaceutical Penalties Regulation (which allows for a fine of 5% of turnover) anywhere in Europe. It related in particular to the legality of evidence collection by the MHRA. Victoria appeared for Roche in the High Court ([2015] 1 CMLR 6) and the Court of Appeal (on both occasions led by David Anderson QC).
- R (Crossley Cooke) v SSH (settled 2015) – Victoria was instructed unled in this judicial review relating to “force majeure”.
- Daiichi Sankyo v the Information Commissioner (September 2014) – Victoria appeared unled in this challenge to the Information Commissioner’s decision in respect of release of information on the Pharmaceutical Price Regulation Scheme.
- Carewatch Care Services Limited v Focus Caring Services Limited [2014] EWHC 2313 – Victoria was instructed for the Claimant in this 7-day trial relating to post-termination non-compete clauses and active/passive selling. She appeared unled, against a QC, on the competition law aspects of the claim (with co-counsel addressing the common law points).
- Involvement Packaging v Jokey Plastik (settled spring 2013) – Victoria was led by Fergus Randolph QC in this commercial agency claim, which also raised contract and competition law issues.
- EWRG v Philips & Ors (settled autumn 2012) - Victoria was instructed as one of the counsel team in this large piece of competition litigation in the High Court.
- Applications for warrants – Victoria has appeared as junior counsel in applications for warrants brought by the Office of Fair Trading.
- Bookmakers Afternoon Greyhound Services v Amalgamated Racing Ltd and others [2008] All ER (D) 73 (Aug) - Appeared led by Charles Hollander QC and Helen Davies QC in competition claim relating to media rights.
- Lonsdale v Howard & Hallam [2007] 4 All ER 1- Victoria was led by Fergus Randolph, intervening in the House of Lords in this commercial agents regulations case.
- Barker v Department for Environment, Food and Rural Affairs (Ch.Div, 2007) - Appeared unled on behalf of the claimant farmer seeking payment of money owed under a Council Regulation
- Easyjet v Liverpool Airport (settled 2007) - led by Mark Brealey QC and Danny Jowell on behalf of the Defendants in a competition law claim.
- Adidas v International Tennis Federation & Ors (settled 2006) - Led by Charles Hollander QC on behalf of the Defendants in a competition law claim.
In the Court of Justice of the European Union
- Case C-144/19 P Lupin v Commission- Victoria is instructed by one of the generic companies in this high profile appeal concerning the Commission’s so- called “pay for delay” Servier decision.
- Case C-15/16 Baumeister ECLI:EU:C:2018:464 - Victoria appeared before the Grand Chamber as sole counsel for the United Kingdom in this case concerning the Markets in Financial Instruments Directive (MiFID).
- R (Hemming, trading as Simply Pleasures) v Westminster (first Supreme Court hearing: [2015] 2 WLR 1271; CJEU hearing: [2017] 3 WLR 317; second Supreme Court hearing: [2017] UKSC 50; [2017] 3 WLR 317)– Victoria was instructed in this case concerning the applicability of the Services Directive to licensing regimes (in particular, to the licensing of sex shops in Westminster), which was referred by the Supreme Court to the CJEU for a preliminary ruling.
- Case C-547/14 R (Philip Morris International) v SSH (Judgment 4 May 2016) – Victoria was instructed, led by David Anderson QC, in this challenge to the Second Tobacco Products Directive.
- Case T-437/14 United Kingdom v Commission – Victoria was instructed unled by the United Kingdom in this challenge to a Commission Decision disallowing sums from the Common Agricultural Payments to the UK.
- Case C-428/14 DHL – Victoria was instructed as junior counsel to file Written Observations in the CJEU on behalf of the UK in this case concerning national leniency regimes.
- Case C-209/13 United Kingdom v Council – Victoria is junior counsel for the United Kingdom in this application to annul the Council Decision which authorises Enhanced Cooperation in the area of Financial Transaction Tax.
- Case C-248/12 P: Northern Ireland Department of Agriculture and Rural Development v Commission, Case T-503/12 United Kingdom v Commission and Case T-245/13 United Kingdom v Commission - Victoria appeared, led by Derrick Wyatt QC, in these General Court challenges to Commission decisions which disallowed significant sums of money from the Common Agricultural Payments due to the UK.
- Case C-373/12 GIC Cash – Victoria was instructed (unled) on behalf of the United Kingdom in this reference from a Slovakian court in respect of consumer contracts.
- Case 636/11 Berger - Victoria was instructed (unled) on behalf of the United Kingdom in this reference from a German Court in the field of food safety.
- Case C-416/11 P United Kingdom v Commission – Victoria was led by Derrick Wyatt QC in this appeal against a finding of inadmissibility, in the context of a claim relating to British Gibraltar territorial waters.
- Cases C-14/10 Nickel Institute and C-15/10 Etimine - Victoria was instructed (led by David Anderson QC and Jemima Stratford QC respectively) in these references from the High Court to the ECJ for preliminary ruling in respect of the regulation of chemicals.
- Case C-391/08 Dow Agrosciences - Victoria was led by David Vaughan QC in an appeal against a refusal to grant interim relief.