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  • What the Directories Say

Competition/European Law: "Sources comment that he "addresses issues from all angles and instils immediate confidence in clients."" Chambers UK, 2013

Administrative and Public: "He is "a go-to silk for regulatory-based judicial review," according to the market." Chambers UK, 2013

Under Administrative and Public Law "Tim Ward QC is an 'up-and-comer on judicial reviews'." - Legal 500, 2012

Tim Ward QC is recommended as a leading silk in EU and Competition Law. Legal 500, 2012

"Interviewees agree that the "first-class" Tim Ward QC well deserved his promotion to silk. He has lately acted for Vodafone in a successful challenge to the jurisdiction of the Competition Appeal Tribunal, and also successfully handled a judicial review for ShopDirect in a challenge to the Competition Commission's findings on payment protection." - Chambers UK, 2012

Competition/European Law: "Tim Ward QC is seen as a "class operator" by those that use him. He was instructed by Freesat in BSkyB & Others v Ofcom, a dispute as to wholesale access to Sky's premium sports channels. - Chambers UK, 2012

Telecommunications: Winning "strong market approval ... new silk Tim Ward QC, who is "calm, measured and plays his hand well."  recently defended the Secretary of State for Business, Enterprise & Regulatory Reform in an ECJ challenge by Vodafone and O2 to the validity of the EU-wide roaming regulation, which imposes a cap on the prices mobile telephone operators can charge for cross-border services". - Chambers UK, 2012

Tim Ward QC is a recommended leading silk in Public & Administrative Law. Legal 500, 2011

New silk Tim Ward QC is recommended in Civil liberties and human rights (including public inquiry law and actions against the police). Legal 500, 2011

EU & Competition Law recommend Tim Ward QC as a leading silk. Legal 500, 2011

 "Sources speak highly of Tim Ward as an "excellent pure public lawyer." He has been attracting attention on a number of significant judicial reviews challenges, including acting for Ofsted in the Sharon Shoesmith judicial review and for BAA in a challenge to the exercise of power to detain aircraft for non-payment of airport charges." Public & Administrative Law, Chambers UK, 2011

Under Telecommunications Law Tim Ward is recognised as" "a coherent and well-reasoned advocate." He impressed with his work for the Secretary of State on the roaming charges case, Vodafone & O2 v Secretary of State" - Chambers UK, 2011

Recommended in Chambers UK, 2011 "Tim Ward practises both competition and EU law to a high standard. His "solid performances and carefully considered advocacy" ensure he maintains a good profile in both areas. His recent sorties include appearing for ASDA in a judicial review before the CAT."

Under EU and competition the Legal 500, 2010 States that Tim Ward is 'very good on his feet'.

Tim Ward is recommended as a Leading Junior in both Administrative and public law (including local government law) and Civil liberties and human rights (including public inquiry law and actions against the police) - Legal 500, 2010

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TIM WARD QC

BA, MA
CALL DATE: 1994 SILK: 2011

SUMMARY

Tim Ward QC is widely recognised as a leading litigator and advocate in the fields of EU, competition, and public law. Directories describe him as "first class" and as a "class operator", and recommend him for public and administrative law, civil liberties and human rights, EU/competition law and telecommunications law. He was described recently by the Competition Appeal Tribunal as an "outstanding competition law counsel".

He has particular expertise in commercial and regulatory matters. He has recently acted in disputes concerning Ofcom, Ofgem, the Civil Aviation Authority, Postcomm, the Office of Fair Trading, the Financial Services Authority, PhonepayPlus, the Rugby Football Union and the National Lottery Commission. He has acted in around 50 cases before the Court of Justice of the European Union or General Court, and has over 30 reported cases in the field of public law.

Prior to taking silk, Tim was a member of the Attorney General's A Panel.

He has been shortlisted for the Barrister of the Year award at The Lawyer Awards 2013.

RECENT CASES

  • EFTA Surveillance Authority v Iceland: successful defence of infringement proceedings against Iceland arising out of collapse of Icesave bank.
  • AkzoNobel NV v Competition Commission: judicial review of merger decision.
  • Wholesale Gas Market alleged market manipulation.
  • Electricity generator alleged mis-selling.
  • BT v OFCOM, TalkTalk and Sky: challenge to regulation of wholesale broadband.
  • Sony v AUO & Ors: cartel damages action (LCD screens)
  • National Grid v ABB: cartel damages action (Gas Insulated Switchgear).
  • LIBOR: setting of LIBOR rate by London banks.
  • Tesco v OFT [2012] CAT 31: challenge to penalty under Competition Act 1998.
  • London Welsh v RFU: appeal against refusal of promotion to Rugby Premier League.
  • R(Shoesmith) v Ofsted & Ors (2011) ICR 1195: procedural fairness of inspection of Children's Services arising out of death of Baby P.
  • C-393/10 O'Brien: reference to ECJ from Supreme Court regarding pensions of part-time judges.

COMPETITION/REGULATORY

Tim has wide experience of both litigation and advisory work in the field of competition and regulation. He appears regularly in the courts and Competition Appeal Tribunal in cases including cartel penalty appeals, competition damages actions and claims for judicial review under the Enterprise Act 2002. He also has wide experience before the Competition Commission. He has particular expertise in telecoms and broadcasting.

Cases include:

  • AkzoNobel NV v Competition Commission: judicial review of merger decision.
  • BT v OFCOM, TalkTalk and Sky: challenge to regulation of wholesale broadband.
  • Sony v AUO & Ors: cartel damages action (LCD screens)
  • National Grid v ABB: cartel damages action (Gas Insulated Switchgear).
  • Wholesale gas market alleged manipulation.
  • Electricity generator alleged mis-selling.
  • LIBOR: setting of LIBOR rate by London banks.
  • BT v Ofcom, 2011: recovery of pension deficit through regulated charges.
  • Tesco v Office of Fair Trading, 2011: Chapter I penalty and retail pricing.
  • BSkyB v Ofcom, 2011: challenge to wholesale regulation of pay TV.
  • BT v Ofcom [2011] CAT 24: challenge to mobile telephone wholesale pricing structures.
  • Carphone Warehouse v Ofcom [2010] CAT 27: reference to Competition Commission: local loop unbundling.
  • Cable & Wireless v Ofcom [2010] CAT 23: reference to Competition Commission: leased lines price control.
  • SEL Imperial v British Standards Institute [2010] EWHC 854 (Ch), damages for breach of Chapter I and II of the Competition Act 1998.
  • Vodafone & Ors v Ofcom (2010) 3 All ER 1028: jurisdiction of the CAT to direct retrospective changes to price controls.
  • JML v Freesat [2010] EWCA Civ 1396: broadcasting code and contractual discretion.
  • Barclays Bank v Competition Commission [2009] CAT 27: judicial review of Competition Commission's report on payment protection insurance.
  • Tesco v Competition Commission [2009] CAT 6: judicial review of the planning remedy proposed by the Competition Commission as a result of its Groceries Market Investigation.
  • Vodafone v Ofcom [2008] CAT 22: challenge to Ofcom's number portability regime.
  • Sepia Logistics v OFT [2007] CAT 13: penalty for breach of Chapter I prohibition in construction sector.
  • Makers v OFT [2007] CAT 11: penalty for bid rigging contrary to Chapter I prohibition.
  • Healthcare at Home v Genzyme (2006):action for damages arising out of an infringement of the Chapter II prohibition.

Recent advisory work includes:

  • Airports charging regime.
  • Pharmaceuticals and competition damages.
  • Chapter II prohibition and water supply agreement.
  • Legality of long term contracts for a major utility.
  • Abuse of dominant position on behalf of an electricity generator.
  • State aids and utility licensing.

 

EUROPEAN LAW

Tim has exceptionally broad experience of litigation and advocacy before the European Courts. He has wide experience of litigating EU law issues in the domestic courts, and has acted in a large number of references from the English courts to the CJEU. He has appeared in cases concerning direct and indirect tax, telecoms, free movement, conflicts of laws, single market, external relations and the environment. He has acted in around 50 cases before the European Courts.

Cases include:

  • E-16/11 EFTA Surveillance Authority v Iceland: successfully defended the Icelandic Government against infraction proceedings in the EFTA Court arising out of failure of Icesave bank.
  • C-393/10 O'Brien: reference from Supreme Court regarding pension claims of part-time judges.
  • C-40/10 Commission v Parliament: challenge to increase in remuneration for EU officials.
  • Lekpo-Bozua v LB Hackney (2010) HLR 46: EU citizenship.
  • C-543/09 Deutsche Telekom: telephone directory services.
  • C-434/09 McCarthy: reference from Supreme Court concerning EU citizenship.
  • FA Premier League v QC Leisure (2009) 1 WLR 1603: import of set top boxes from within the EU and use by English pubs.
  • C-428/08 United Kingdom v Council: challenge to validity of EU anti-terrorism legislation.
  • C-127/08 Metock: rights of third country nationals.
  • C-175/08 Abdullah: compatibility of EU legislation with international human rights law.
  • C-58/08 O2, Vodafone v Secretary of State: mobile phone roaming charges.
  • Jeleniewicz v Secretary of State for Work and Pensions [2008] EWCA Civ 1163: free movement of persons.
  • C-485/07 Akdas: interpretation of treaty governing EU external relations.
  • T-257/07 France v Commission: validity of BSE regulations.
  • C-350/06 Stringer: reference from the Supreme Court concerning working time.
  • C-475/05 Banca Popolare di Cremona: direct tax and prospective temporal limitation.
  • C-432/05 Unibet: test for grant of interim relief in national courts.
  • C-298/05 Columbus Container Services: effect of double taxation convention.
  • C-101/05 A: restrictions on free movement of capital between the EU and third countries.
  • C-491/01 R(British American Tobacco) v Secretary of State: validity of tobacco control directive.
  • R(Factortame) v Secretary of State for Transport: damages for breach of EU law.

PUBLIC LAW

Tim's public law practice is predominantly concerned with commercial, European, and regulatory challenges, including tax matters. He has, however, acted in almost every conceivable kind of public matter in both domestic and in the CJEU and ECtHR. He has particular expertise in cases where public law, EC law and/or human rights law overlap.

Cases include:

  • AkzoNobel NV v Competition Commission: judicial review of merger decision.
  • London Welsh v RFU: acted on the Panel determining appeal by London Welsh against refusal of promotion.
  • R(Shoesmith) v Ofsted & Ors, (2011) ICR 1195: procedural fairness of inspection of Children's Services.
  • R(Global Knafaim) v BAA and CAA, (2011) 1 Lloyd's Rep 324: legality of detention of aircraft for unpaid charges.
  • Boots v HMRC (2010) STC 657: legal consequences of mistaken repayment.
  • Langley v Preston Crown Court (2009) 1 WLR 1612: scope of right of appeal and of judicial review.
  • X v Switzerland (2009): ECtHR challenge to Swiss financial services regulation and mutual assistance.
  • Gallagher v Church of Latter Day Saints [2008] UKHL 56, (2008) 1 WLR 1852: challenge to tax on grounds of religious discrimination, now before ECtHR.
  • R(Government of Bermuda) v Ofcom [2008] EWHC 2009 (Admin): judicial review concerning allocation of satellite spectrum.
  • R(Couronne) v Crawley BC (2008) 1 WLR 2762: rights of Chagos Islanders.
  • R(Federation of Tour Operators) v HM Treasury, (2008) STC 2524: human rights and EC law challenge to increase in Air Passenger Duty.
  • R(EISAI) and Alzheimer's Association v NICE (2007) BMLR 70: challenge to regulation of availability of Alzheimer's drugs.
  • R(British Casino Association) v Secretary of State [2007] EWHC 1312 (Admin): challenge to new gambling legislation.
  • TH v Secretary of State (2007) 1 WLR 1670: susceptibility of decision to judicial review.
  • Farley v Child Support Agency [2006] UKHL 1; (2006) 1 WLR 817: scope of statutory immunity from challenge.
  • R (Corporation of London) v Secretary of State [2006] UKHL 30; (2006) 1 WLR 1721: scope of statutory powers.
  • R(AN) v Secretary of State (2006) QB 468: civil standard of proof.
  • Han & Yau v HMRC (2001) 1 WLR 2253: regulatory penalties and human rights.
  • R(North and East Devon HA) v Coughlan (2001) QB 213: substantive legitimate expectation

ADDITIONAL INFORMATION

His publications include three books: Competition Litigation in the UK (with Kassie Smith, Sweet & Maxwell 2005), Judicial Review and the Human Rights Act (2000) and The Strasbourg Case Law - Leading Cases from the European Human Rights Reports (2001). He is Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet & Maxwell) and Contributor to the current and forthcoming editions of Bellamy & Child, The European Community Law of Competition.