Philip Moser

MA (Cantab), ADR Accredited Mediator
Call date: 1992

Summary

Philip is regularly instructed in EU law cases, often involving novel or untested points of law. He also has particular expertise in Conflict of Laws and professional negligence. Specialist practices in commercial agents' cases and in VAT carousel fraud have each developed out of his involvement with EU law. Commercial work, often with cross-border elements, complements his specialist areas.

Clients include: companies, NGOs and individuals in the UK and abroad (particularly the US, Germany and Austria), as well as HM Revenue & Customs.

Called to the Bar in 1992 (Inner Temple), Philip has extensive forensic experience, having appeared as both junior and lead counsel in the High Court; the Court of Appeal; the House of Lords and the ECJ, as well as acting in national and international arbitrations. A former supervisor in EC Law at Robinson College, Cambridge, Philip occasionally lectures on EC Law and is the editor of The European Advocate. He is bilingual English/German and an accredited mediator.

  • Livewire and Olympia v HMRC [2009]: VAT - MTIC fraud - contra-trading - first means of knowledge appeals to High Court
  • PKK v Council [2008]: CFI - EU terrorism list - freezing of funds - annulment of Council decision for lack of reasons
  • Calltel & Opto v HMRC [2008]: VAT appeal - test case on security for costs
  • Lonsdale v Howard & Hallam [2007]: House of Lords - commercial agents - test case re assessment of Reg. 17 compensation
  • PKK and KNK v European Council [2007]: ECJ - appeal from CFI - EU terrorist list - challenge to decision to proscribe organisation - standing
  • Calltel & Opto v HMRC [2007]: VAT - MTIC fraud - first full Tribunal hearing on Kittel means of knowledge test
  • R (Teleos) v Customs & Excise [2007]: ECJ - VAT - liability of traders in third-party carousel fraud - zero rating of intra-Community sales
  • Korkmaz & Ors v Commission [2006]: CFI - access to justice in environmental and Human Rights matters
  • R v Joy and Bossom [2006]: CA - Common Fisheries Policy - prosecution for overfishing - proportionality of licence conditions for under 10 metre vessels
  • City of Sunderland v Thoburn [2003]: 'Metric Martyr' litigation - metrication - European Community Act 1972 a 'constitutional statute'

Philip is a member of the Attorney General’s Panel of Junior Counsel to the Crown. 

Philip is co-editor of a new book, 'Making Community Law' (Edward Elgar Publishing, 2008). More information about this publication is available; for further details, please click here.

Publications

  • Editor of 'Making Community Law - The Legacy of Advocate General Jacobs at the ECJ' (with Katrine Sawyer), Edward Elgar Publishing (2008) - for further details, please click here. 
  • Author of 'Damages for Breach of the EC Public Procurement Rules in the United Kingdom' (with Michael Bowsher) (2006) 15 PPLR Issue 4, p.195
  • Author of 'Finished Business: calculating termination payments to commercial agents' (2002) 146 SJ 1062, and (with J. Munro) of the follow-up: 'Uncertain rewards' (2005) 149 SJ 256
  • Assistant Editor of 'Professional Negligence and liability' (1st ed.) (LLP, 2000; gen. ed.: Mark Simpson)
  • Contributor of Chapter on 'EC Law and Crime' in 'Practitioners' Handbook of EC Law', Trenton Publishing/Bar Council/BEG, 1998 (with Alan Newman QC)
  • Author of 'The Impact of the Applicable Law of Contract on the Law of Jurisdiction under the European Conventions' (1996) 45 ICLQ 190 (with Christopher Forsyth; "real meat" test approved by Court of Appeal in Print Concept v GEW [2001] EuLR 577)
  • Sole contributor of 'Precedents' chapter to: 'European Courts Practice and Precedents', Sweet & Maxwell, 1st ed., 1996 (gen. ed.: Richard Plender QC)