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  • What the Directories Say

Under Environment: He "is highlighted by sources for the large volume of work he has recently been undertaking in the environmental sphere." Chambers UK, 2013

"Gerry Facenna "is strong and he knows his stuff" when handling public law and judicial review." Chambers UK, 2013

Under Administrative and Public Law "Gerry Facenna is 'a leading junior in public law matters'." - Legal 500, 2012

Under Environment Law: "Gerry Facenna is 'a good public law adviser' who specialises in all aspects of EU environmental law." - Legal 500, 2012

Gerry Facenna is recommended as a leading junior in Environment Law. Legal 500, 2012

"Gerry Facenna has a fine public law practice with a heavy emphasis on EU law. "Very focused in all he does and always working to a high standard," he recently demonstrated his skills in a case before the European Court of Justice. He has also been involved in a high-profile Information Tribunal case on behalf of the Cabinet Office." - Chambers UK, 2012

Environment: "Gerry Facenna is singled out for his "personable manner" and "ability to be both swift and yet careful in his approach." He is highly regarded for his expertise in EU environmental law and also continues to win praise for his work on behalf of regulators. Examples of his work include representing the Environment Agency in a judicial review by a campaigning group challenging the UK's implementation of the Environmental Information Directive and EU regulation on persistent organic pollutants. Peers further describe Facenna as being "a sound, focused and highly creative advocate."" - Chambers UK, 2012

Consumer and Product Liability recommends Gerry Facenna. Legal 500, 2011

Environment states that Monckton Chambers' Gerry Facenna is "'exceptionally bright, approachable and willing to go the extra mile to find a solution'." Legal 500, 2011

"Gerry Facenna "does a superb job" in public law cases, and has extensive discrimination and European law expertise. He was recently led by Dinah Rose QC in R (Lunt & Allied Vehicles) v Liverpool, a significant test case on the positive equality duty under the Disability Discrimination Act." Public & Administrative Law, Chambers UK, 2011

"Gerry Facenna's reputation as "an excellent and developing young advocate" is on the rise. He is particularly commended for his work on behalf of regulators." Environmental Law, Chambers UK, 2011

Under Civil liberties and human rights (including public inquiry law and actions against the police) the Legal 500, 2010 states that Gerry Facenna is "able, hardworking, responsive and has a very pleasant manner and an excellent grasp of both the big picture and the detail when pursuing a legal case."

Consumer and product liability recommends Gerry Facenna as a leading junior. - Legal 500, 2010

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GERRY FACENNA

MA (Cantab.), LL.B (Edin.)
CALL DATE: 2001

SUMMARY

Gerry Facenna is a leading junior in public law and EU law.  Chambers & Partners 2011 describes him as doing 'a superb job' in public law cases and having 'extensive discrimination and European law expertise'.  He acts in a wide range of public law matters, both for and against public bodies, often in a commercial or regulatory context.  He regularly advises on all aspects of EU law, but particularly EU environmental law, competition law, citizenship and fundamental rights, free movement, State aid and direct tax.

Gerry is also a leading practitioner in freedom of information law and data protection, having appeared in more than thirty cases in the Information Tribunal for public bodies, the Information Commissioner and private parties.  He is also recognised by the legal directories as a leading junior in Environmental law and Consumer Law.

He is appointed to the Attorney General's B Panel of Counsel, the Treasury Solicitor's Freedom of Information Panel and the Equality and Human Rights Commission's Preferred Panel of Counsel.  He is also a member of the Bar in Scotland.

 

RECENT WORK

EU law (EU courts)

  • C-342/10 Commission v Finland: right of establishment - taxation of foreign dividends
  • C-294/10 Eglītis & Ratnieks: compensation and assistance for air passengers
  • T-322/10 Clasado v Commission: annulment of Commission Regulation on health food claims
  • T-86/10 British Sugar v Commission: annulment of Commission Regulation on sugar levies
  • C-487/06P and Case T-359/04 British Aggregates: State Aid - environmental protection

EU Law (Domestic Courts)

  • R (Ivanchenko) v Secretary of State (2011): discrimination against non-EU family  members
  • British Sugar v Rural Payments Agency (2010) (Ch D): restitution of overpaid levies
  • R (Lunt & Allied Vehicles) v Liverpool City Council (2009): free movement of goods
  • Pirelli Cable Holdings v HMRC (2008) (CofA) right of establishment - discriminatory taxation
  • Sempra Metals v HMRC (2007) (HL): right of establishment  - unjust enrichment and compound interest

Commercial / Regulatory Judicial Review

  • R (Semoff) v  Secretary of State for Health (2010): challenge to PFI contract for Royal Liverpool Hospital
  • R (Dedalus) v Arts Council for England (2010): challenge to the Arts Council's portfolio review
  • R (Crest Nicholson plc) v OFT (2009): fairness  and equal treatment in OFT investigations
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform (2009) (CAT):  challenge to the HBOS/ Lloyds merger
  • R (Ferndale Foods Ltd) v OFT and Asda (2009): OFT's application of the Supermarkets Code of Practice
  • Ofcom and OFT v Floe Telecom (2006) (CAT and CofA): powers of the Competition Appeal Tribunal

Human rights and equality

  • Beylin v SOCA (2011): processing of personal data by Interpol
  • Scott SA v France (2010) (ECtHR): Art 6 and Art 1-P1 - recovery of State aid under  EU law
  • R (Lunt & Allied Vehicles) v Liverpool City Council (2009): disability discrimination in local authority taxi licensing
  • R (Law Society) v Legal Services Commission (2007): race equality - reforms to legal aid
  • R (Eisai) v NICE (2007): race and disability equality - guidance on Alzheimer's drugs

Environmental law

  • R (Yates-Taylor) v Environment Agency (2010): EIA Directive and EU Regulation on Persistent Organic Pollutants
  • Campaign for Clean Air in London v Defra (2010): access to environmental information
  • R (Coedbach Action Team Ltd) v Secretary of State for Energy and Climate Change (2010): challenge to consent for biomass-fuelled generating station
  • R (Repic Ltd) v Secretary of State (2009): Waste Electrical and Electronic Equipment Regulations
  • R (Anti-Waste Ltd.) v Environment Agency (2008) (CofA): EU Landfill and Groundwater Directives

Freedom of Information and Data Protection

  • Defra v Information Commissioner (2011) (Upper Tribunal): test case on 'late exemptions' under FOIA and EIR
  • Department for Business, Innovation and Skills v Information Commissioner (2011) (FTT): FOIA - Iran export licences
  • Cabinet Office v Information Commissioner (2010) (FTT): FOIA - Westland Cabinet minutes
  • R (Home Office & Ministry of Justice) v Information Commissioner (2009) (Admin): FOI metadata
  • Case T-250/08 Batchelor v Commission (2008):  public access to documents held by EU institutions

Consumer Law

  • Acting for the UKs largest operator of retirement property and care homes in relation to the OFT's investigation into transfer/exit fees in retirement housing
  • Advising a Mobile Network Operator on responding to Ofcom's review of additional mobile telephone charges
  • Advising a major vehicle manufacturer / retailer in relation to consumer credit law and distance selling regulations.

Direct Tax and EU Law

  • C-342/10 Commission v Finland: withholding tax on foreign dividends and Article 63 TFEU
  • C-397/09 Scheuten Solar Technology: Directive 2003/49/EC on a common system of taxation applicable to interest and royalty payments
  • Hutchison Whampoa v HMRC (FTT, 2011): UK rules on consortium relief and Article 49 TFEU
  • Pirelli Cable Holdings v HMRC (2008) (CofA): Advance Corporation Tax group litigation; UK/Italy & UK/Netherlands Tax Conventions
  • Sempra Metals v HMRC (2007) (HL): Advance Corporation Tax group litigation; recovery of interest and restitution