JOHN SWIFT QC
QC (MA) Oxon
CALL DATE: 1965 SILK: 1981
John Swift resumed full time practice as a member of Monckton Chambers in 1999, where he was Head of Chambers until July 2001. From 1993-1998 he was the first Rail Regulator (head of a non-Ministerial Government department) appointed under the Railways Act 1993. He was called to the Bar in November 1965 and took Silk in 1981. He is a Bencher of the Inner Temple.
Since 2009 John Swift has been a panel member of the Cooperation and Competition Panel established by the Department of Health in 2009 to administer the Principles and Rules for Cooperation and Competition for NHS funded services and now to be incorporated within Monitor under the Health and Social Services Act 2012. John has thus been involved in two of the critical Government programmes for reconstruction of the public sector.
Since 2002 he is Chairman of the Judges for the National Rail Awards.
John has regularly appeared in the Court of Appeal, Competition Appeal Tribunal, General Court (Luxembourg) and Administrative Court.
MAJOR CURRENT AND RECENT CASES
- Advising PwC in the Competition Commission Inquiry into statutory audit services (current)
- Advising Hanson in the CC INquiry into the Supply of Aggreates (current)
- Ryanair v Office of Fair Trading (Competition Appeal Tribunal - Leading Counsel for Ryanair in appeal against the Office of Fair Trading decision that it had jurisdiction to investigate Ryanair's minority shareholding in Aer Lingus, aquired in 2006 (2011)
- Arbitrator in a dispute between Batelco and the Telecommunications Regulatory Authority of Bahrain in respect of the FLAG Order of the TRA. Award filed in Commercial Court of Bahrain in October 2012. ( 2011-2012)
- Advising Martin McColl in the OFT Tobacco litigation ( case settled in 2012)
- Advising and acting for Bank of America in Master card v Europena Commission (General Court 2011)
- Leading Counsel for Galliford Try in one of the appeals before the CAT arising out of the Office of Fair Trading's decisions in respect of penalties for Cover pricing infringements in the construction industry (2011)
- Emerald Supplies Ltd v British Airways plc (Chancery Division) - Leading Counsel for one of the Non Addressee Defendants in the air cargo cartel damages claim (2011)
- Leading counsel in an 8 day witness arbitration arising out of a contract dispute and allegations of breach of competition law in the railway industry
- Welsh Water Plc vOfwat (Administrative Court - judicial review challenge to decision to grant an inset appointment) (2009)
- BSkyB v Competition Commission; Virgin v Competition Commission (Court of Appeal - acting for the Competition Commission in both of the appeals from the CAT concerning challenge to Competition Commission's decision to force the broadcaster to reduce its shareholding in ITV to less than 7.5%) (2009)
- BAA v Competition Commission (Competition Appeal Tribunal - Enterprise Act s.179 Judicial Review challenge to CC's decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh Airports) (2009)
- Barclays Bank Plc & Others v Competition Commission (Competition Appeal Tribunal - challenge to CC's report in relation to the Payment Protection Insurance market) (2009)
- Case T-342/07 Ryanair v EC Commission, Aer Lingus & Ireland intervening (Court of First Instance - pending - appeal against Commission decision to prohibit acquisition of Aer Lingus) (2008)
- Case T411/07 Aer Lingus v EC Commission (Court of First Instance - pending - Ryanair intervening in favour of Commission decision not to require divestment of Ryanair stake in Aer Lingus) (2008)
- Case - T-196/07 Ryanair v EC Commission (Court of First Instance - The "Charleroi" case - state aid to Airports) (2008)
John Swift's professional practice is now split between extensive advisory and advocacy in the entire area of competition law and utilities regulation with particular emphasis on transport, not limited to rail, and water , arbitration in those areas and participation as panel member in the new area of economic and other public interest regulation of providers and commissioners of NHS funded services.
Contact John Swift QC