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Competition Law
Employment Law
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Nicholas Paines QC

QC MA (Oxon) EC law at the Université Libre de Bruxelles (Licence Spéciale en Droit Européen)
Call date: 1978 Silk: 1997

Summary

Nicholas Paines QC has one of the most extensive competition and EU law practices at the Bar, stretching over more than 20 years and involving almost 100 cases in the European Court of Justice as well as appearances in nearly every type of British court and tribunal.  His practice covers a broad range of English and EU law including administrative law, agriculture, competition, customs, employment, human rights, public procurement, sex discrimination, social security law, state aid and VAT.

He is also a member of the Bar of Northern Ireland and sits as a Recorder in the Crown Court and as a Deputy Judge of the Upper Tribunal.

Nicholas has been involved in many landmark ECJ cases, from the Sunday Trading cases in the late 1980s through Coloroll and subsequent cases on equal pay and pensions and recently an important series of cases on the boundaries of the European Union's power to harmonise national laws. 

Significant cases in which he has appeared in British courts and tribunals include Seymour Smith in the House of Lords, in which the Lords changed their previously laid down approach to indirect sex discrimination in social policy legislation.  He also has the distinction of having both successfully defended the UK government against a claim for damages for breach of EU law in Alderson v Secretary of State for Trade and Industry and having obtained judgment for damages against the government for breach of EU law in Byrne v Secretary of State for Transport.

Recent cases

His recent appearances range from the Employment and VAT Tribunals and the High Court to the House of Lords and the ECJ.  Since January 2006 he has appeared in the House of Lords, the Civil and Criminal Divisions of the Court of Appeal and in the ECJ, as well as a number of appearances in Tribunals and in the High Court.

In the European Court:

  • Coleman v Attridge Law 17.7.08 on whether the Framework Directive on discrimination requires the United Kingdom to prohibit discrimination against a person because of their relationship to a disabled person.
  • Cadman v Health and Safety Executive (3.10.06) decided that an employer is not automatically obliged to justify having an incremental pay system even though it favours men more than women.
  • United Kingdom v European Parliament and EU Council (2.5.06) tested the limits of the power of the EU Council to harmonise national law.
  • In European Parliament v Council (2.5.06) the United Kingdom successfully intervened in litigation between the European institutions about their powers to legislate.
  • Commission v United Kingdom (9.2.06) raised highly technical VAT issues about the taxation of imported works of art sold in UK auction houses.

In British courts and tribunals:

  • Nicholas acted for the claimant in Byrne v Motor Insurers Bureau and Secretary of State for Transport [2007] EWHC 1268 (QB) and obtained an order for damages against the Secretary of State for Transport for breach of EC law because the Motor Insurers Bureau compensation scheme for victims of untraced drivers did not comply with the EC Motor Insurance Directive.
  • Harland & Wolff Pension Trustees v Aon Consulting Ltd [2006] EWHC 1778 (Ch) concerned the correct method of 'equalising' pension ages in a company pension scheme so as comply with EC equal pay law.
  • Matthews v Kent Fire Authority [2006] UKHL 8 was the first case to reach the higher courts on the Regulations implementing the Part-time Workers Directive.
  • London Borough of Barnet v Ismail [2006] EWCA Civ 383 resolved a conflict of County Court authority on the immigration status of EU citizens.
  • R v Joy and Bossom [2006] EWCA Crim 1489 [2006] EuLR 1131 concerned the compatibility of the UK's fishing quotas for small vessels with EU law.
  • Manson v Ministry of Defence [2005] EWCA Civ 1678 reasserted the power of employment tribunals to apply EC law.
  • Denfleet International v NHS Purchasing and Supply Agency [2005] EWHC 55 (Admin) concerned the extent of a contracting authority's power to alter the terms of a public procurement exercise.
  • Devilbiss Medequip Ltd. v NHS Purchasing and Supply Agency [2005] EWHC 1757 (Ch); [2006] EuLR 346 - Procurement of contract for domiciliary oxygen