ROB WILLIAMS

MA (Oxon), BCL
CALL DATE: 2000

SUMMARY

Rob is an experienced junior barrister and litigator, with a practice spanning the range of commercial, regulatory and public law work.  He is recommended in Chambers and Partners as a leading junior in public procurement, and has appeared in several of the leading cases in competition law in recent years.  Rob has worked extensively for both private and public clients, and has particular expertise in a number of industry sectors, including energy, utilities, telecoms, transport, financial services and construction / PFI. 

Before joining Monckton Chambers, Rob was a member of the Advocacy Group at Denton Wilde Sapte.  His experience has given him a particular insight into the needs of both solicitor and lay clients at all stages of the litigation process.

Rob appears regularly as advocate, particularly in the High Court and Competition Appeal Tribunal.  He is a member of the Attorney General's C Panel of Junior Counsel to the Crown. His recent and major cases include:

  • Acting for the OFT in the current Tobacco appeals.
  • Alstom Transport v (1) Eurostar (2) Siemens (for Siemens on injunction hearing and in subsequent claims for damages and ineffectiveness)
  • Deutsche Bahn AG and others v Morgan Crucible v Others (follow on damages claim before the CAT, for Claimants).
  • Carphone Warehouse v Ofcom (BT intervening): appeals against LLU and WLR price controls before CAT and Competition Commission
  • Sky v Competition Commission and BERR; Virgin Media v Competition Commission and BERR (CAT 2008; Court of Appeal 2009) - judicial review on competition and media plurality issues
  • Lion Apparel Systems Ltd v Firebuy Ltd - junior counsel for Firebuy in injunction proceedings and damages action
  • Enron Coal Service Limited v EWS Railway Limited ("follow-on" damages action in the CAT, for Claimant)

 

COMPETITION LAW

In the field of competition law, Rob's experience includes:

  • Acting for the OFT in the current Tobacco appeals
  • Deutsche Bahn AG and others v Morgan Crucible v Others (follow on damages claim before the CAT, for Claimants).
  • Carphone Warehouse v Ofcom (BT intervening): appeals against LLU and WLR price controls before CAT and Competition Commission
  • CTS Eventim v Competition Commission - judicial review of merger decision, CAT 2010
  • Sky v Competition Commission and BERR; Virgin Media v Competition Commission and BERR (CAT 2008; Court of Appeal 2009) - judicial review on competition and media plurality issues
  • Enron Coal Service Limited v EWS Railway Limited ("follow-on" damages action in the CAT; due in Court of Appeal November 2009)
  • Advising the OFT in relation to its investigation under Article 101 and Chapter I concerning RBS and Barclays
  • Advising the OFT in relation to its investigation under Article 102 and Chapter II concerning Gaviscon
  • Advising a party to the OFT's investigation in relation to bid rigging in the construction industry
  • Advising the Competition Commission in relation to merger inquiries, including the SvitzerWijsmuller /Adsteam merger relating to harbour towage services in the UK and the merger of South East Water and Mid Kent Water, the first water merger to be considered by the Commission under the Enterprise Act 2002

 

PUBLIC LAW & HUMAN RIGHTS

As junior counsel to the Crown, Rob regularly advises and acts for central government departments on a range of public law and human rights matters including the Home Department, the Department of Work and Pensions and the Department of Food and Rural Affairs.  As part of this work, Rob regularly appears in the Administrative Court and other courts and Tribunals.

Rob recently appeared in the Court of Appeal in the case of Peter Weiss v SSHD, an appeal concerning a failed claim to indefinite leave to remain.  Rob successfully resisted the appeal on behalf of the Secretary of State.

In addition, whilst a judicial assistant to the Court of Appeal, Rob assisted Lord Phillips MR with a number of high profile judicial review claims including R v Foreign Office ex p Abbasi [2003] UKHRR 76 and with a number of human rights claims, including Matthews v MOD [2002] 1 WLR 2621.

 

PUBLIC PROCUREMENT

Rob has been recommended by Chambers and Partners 2009 as a leading junior in Public Procurement Law.  He has advised both public authorities and contractors on a variety of contentious and non-contentious procurement related matters.  His clients include works, goods and services contractors, central government departments, non-departmental public bodies, regional and local government bodies, utilities, universities and housing associations. 

Rob's current and recent major cases include:

  • Alstom Transport v (1) Eurostar (2) Siemens - Rob acted for Siemens in successfully resisting Alstom's application for interim relief in October 2010. He continues to act for Siemens on Alstom's claims for damages and a declaration of ineffectiveness
  • Lion Apparel Systems Ltd v Firebuy Ltd [2007] EWHC 2179 Ch - Rob acted for Firebuy in both the injunction and damages proceedings. Firebuy successfully resisted an application for an interim injunction over six days in the Chancery Division in September 2007, and obtained summary judgment on certain of Lion's claims in January 2008. The damages action shortly settled before trial.
  • Mouchel Limited v City of Westminster - this claim for damages in the Queen's Bench Division concerned a high profile procurement by Westminster for parking and related services. Rob acted for the Claimant; the claim settled shortly before trial. The same procurement is the subject of the judgment of Eady J in Apcoa Ltd v City of Westminster.
  • Baxter v Department of Health - Rob acted for the Claimant in these proceedings, in which Baxter claimed damages for a breach of confidence by NHS PASA in a procurement concerning treatments for blood clotting factors. The claim settled.
  • FWA West v Ltd LHA-ASRA - this claim concerned the termination of a process for the provision of repair works to housing association stock. It settled at mediation.
  • Montpellier Estates Limited v Leeds City Council - Rob acted for the claimant in this claim relating to the procurement of a new Leeds Arena through the competitive dialogue procedure. He assisted the claimant in a successful application for "pre-action" disclosure.
  • Central Tree Services Limited v Birmingham City Council - Rob appeared for the Council on the Claimant's application for an interim injunction, and acted for the Council throughout the proceedings, which settled shortly before trial.
  • Partenaire Limited v Department for Finance and Personnel - Rob acted as junior counsel for the Department in proceedings in the High Court of Northern Ireland concerning a substantial PFI contract for the management and refurbishment of the office estate of the Northern Ireland Civil Service.

Rob's further experience includes advising:

  • one of the UK's largest train operating companies disputing the conduct of a rail franchise competition by the Strategic Rail Authority.
  • a district council concerning the application of procurement and state aid rules to additional payments to an insolvent contractor
  • on the legality of sustainable procurement policies, including environmental and social considerations
  • on issues relating to change in procurement generally
  • in relation to PFI disputes more generally, including a claim for payment by the contractor providing services at PFI police premises in South East London.

 

REGULATORY

Rob has significant experience of commercial regulatory work generally, including:

  • T Mobile and O2 v Ofcom (Administrative Court proceedings concerning auction of 2.6GHz band of spectrum)
  • Advising Postcomm on issues arising under the Postal Services Directive and the Postal Services Act 2000
  • Advising the Office of Rail Regulation in connection with DfT's application for a track access option for the Crossrail project
  • E.ON UK Plc v Gas and Electricity Markets Association - the first Energy Code Appeal under the Energy Act 2004 (July 2007). Rob was counsel to the Competition Commission.
  • Advising an international bank in relation to the OFT's inquiry into unfair terms in credit card agreements, in particular default fees.
  • Advising Ofwat on the regulatory aspects of a potential new infrastructure project
  • Acting for the Financial Services Compensation Scheme in relation to claims against product providers arising out of the mis-selling of retail investments

 

ADDITIONAL INFORMATION

Rob has a first class law degree and a postgraduate BCL degree from University College, Oxford.  On graduating, he worked as a research assistant to the Law Commission for two years, following which he was awarded a Jules Thorn Scholarship by Middle Temple. 

In 2000, Rob was called to the bar and started his career at Keating Chambers. After a number of years in practice, he joined Denton Wilde Sapte's Advocacy Group, the first and longest established "in-house chambers" in the City. He joined Monckton Chambers in 2006.

Rob has tutored at University College, London, and has written and lectured on a wide range of legal subjects.  In 2002, he was the judicial assistant to Lord Phillips MR (as he then was).