Ian Rogers

MA(Oxon) First Class, LLM (European University Institute, Florence)
Call date: 1995

Summary

The majority of Ian's work is in his specialist fields of public law, human rights and employment law. Novel cases raising issues under the Human Rights Act are a particular strength of his practice. Much of his advisory, drafting and advocacy work occurs in the commercial sphere, but Ian's strong commercial law practice has also continued to flourish outside his specialist areas.
Frequently, his work involves cross-border disputes and raises issues of the conflict of laws (in particular the recognition of foreign judgments) and EU law.
Ian has appeared before the Privy Council in six cases in the last few years in relation to appeals from Jamaica, Trinidad & Tobago and the Isle of Man. Other work of an international character has included substantial cross-border fraud litigation in The Bahamas, mutual assistance proceedings involving the UK, Australia, Switzerland, the Isle of Man, Jersey and The Bahamas and proceedings in the European Court of Human Rights against Spain and Russia.

Clients continue to benefit from the breadth of work undertaken in diverse areas of law during his first ten years as a barrister, particularly where cases involve intersecting areas of law and a need to understand or forge links beyond the traditional boundaries of a subject.

Major Recent Cases

Ian Rogers has a broad public law practice, with particular expertise in human rights, EC and employment law. Much of his work is in the commercial sphere.

  • R(Wheeler) v Prime Minister [2008] ACD 70, appearing for Prime Minister and Foreign Secretary in the challenge to the refusal to hold a referendum on the Lisbon Treaty
  • R(Accenture and Barclays Bank) v HMRC [2009] STC 1503, whether outsourcing of 1400 employees fell within the VAT Staff Hire Concession; interpretation of Employment Agencies Act 1973 and authorities on the "control" test in employment law
  • Actions against Spain, challenging the LRAU / LUV (dubbed the Valencian 'Land Grab' law by the press) in the European Court of Human Rights: group litigation regarding the compatibility with the right to property (A1P1 ECHR) of Spanish planning law
  • R(Veolia) v Notts County Council, Times 15.10.09, absence of commercial confidentiality exception in s15 Audit Commission Act; disclosure of £850 million Waste PFI Contract
  • Pattni v Nasir Ali and Dinky International SA [2007] 2 AC 85, Privy Council, whether the Isle of Man courts should recognise a Kenyan judgment relating to a US$14 million contract for the sale of shares in a Manx company operating Kenyan duty free complexes
  • R(Hafner) v Westminster Magistrates' Court (Phillips LCJ, Silber J) [2009] 1 W.L.R. 1005; R(Hafner) v Home Secretary [2007] 1 WLR 950 and mutual assistance proceedings pursuant to a request from Australia concerning Article 8 ECHR confidentiality rights;
  • Stojevic v Financial Supervision Commission of the Isle of Man (Privy Council): appearing on behalf of discretionary beneficiaries of a trust concerning assets alleged to be the fruits of fraud arising out of the US$94 million Komercni Banka High Court litigation; raising issues under Articles 6,13, 34 and A1P1 of the ECHR
  • R(Barnet) v Parking Adjudicator (Admin Court) [2007] RTR 14: appearing on behalf of the Parking Adjudicator in numerous test cases; this case upheld the Parking Adjudicator's decision that all parking tickets must bear a date of contravention and date of issue
  • Lee Ling Low v Home Secretary [2009] 2 CMLR 22; 21.10.09 CA, claim of derivative rights of residence in support of Irish company's freedom to provide services under Article 49 EC; claim of illegally present third country nationals to be posted workers
  • Yukos Oil Co v Russia (ECHR application No 14902/04) multi-billion dollar dispute concerning corporate tax and expropriation in the European Court of Human Rights
  • Seaside v Steam Packet Co and Department of Transport, appearing for Attorney-General of the Isle of Man, claims of breach of Articles 28 and 29EC (MEQR) arising from alleged monopoly of ferry services, CA, on appeal to Privy Council
  • Warner v Verfides [2009] Bus LR 500, engagement of privacy rights in application of trustee in bankruptcy for documents from a corporate services provider; meaning of "correspondence" in Article 8 ECHR
  • R(Ashton) v Police Medical Appeals Board [2009] ICR 51, interpretation of Police Pensions Regulations, conflicting Administrative Court decisions on the point

Member of the Attorney-General’s Panel of Treasury Counsel