FIONA BANKS

MA (Hons) Cambridge (Double First)
CALL DATE: 2006

SUMMARY

Fiona is currently representing clients in disputes in the Court of Appeal, High Court, the Competition Appeal Tribunal, the VAT & Duties Tribunal and the European Court of Human Rights, across Chambers' core areas of practice. Despite only being called in 2006, Fiona has been listed in the Legal Directories since 2009. Legal 500, 2010 noted that she had "a forensic eye for detail". Prior to joining the Bar, Fiona was a Trainee Solicitor with Freshfields Bruckhaus Deringer (2004-2006) and qualified as a Solicitor in 2006.

RECENT AND CURRENT WORK

Commercial

Fiona is regularly instructed to attend court on behalf of clients involved in commercial litigation. She has had the benefit of being instructed as junior to some of our most notable practitioners in large cases and now increasingly receives instructions in her own right.

Norbrook Laboratories Limited and Ballyedmond v James Carr/John Garnett (High Court - breach of contract claim in the context of an unincorporated association)
AY Bank Limited v Monarch Airlines Limited (High Court - unjust enrichment claim)
BWFC v Kalivions (2009) (liability under an image rights agreement)
Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2009] EWCA 97 (Court of Appeal - interest, interpretation of Late Payment of Commercial Debts (Interest) Act 1998 and Supreme Court Act 1981)

Competition including telecommunications

Fiona is a specialist competition law barrister and has spent time in house at large institutions advising on their position in relation to competition law, notably VISA. Fiona has particular strength in the telecommunications sector with notable clients such as BT and OFCOM.

TalkTalk v Ofcom (CAT appeal: wholesale broadband access)
BSkyB v Ofcom (currently acting on behalf of The Football Association, The Football League, The European PGA Tour, The Rugby Football League and The Rugby Football Union in their intervention in respect of the appeals brought by The Premier League and others against the Ofcom Pay TV Decision)
Carphone Warehouse v Ofcom [2010] CAT 27 (reference to Competition Commission: local loop unbundling)
The Number Ltd and Conduit Enterprises Ltd v Ofcom [2009] EWCA Civ 1360 (Court of Appeal -correct interpretation of the Universal Service Directive)
Rapture Television Plc v Ofcom [2008] CAT 6 (CAT appeal - Ofcom's resolution of a dispute between Rapture and BSkyB regarding BSkyB's provision of EPG services)
Contributor to forthcoming edition of Bellamy and Child

Public & Administrative

Fiona is developing a strong public law practice and has had conduct of a number of FOIA cases in her own right. Fiona has also had conduct of cases in her other core areas which have tested key public and administrative law principles.

Sports Direct v the Competition Commission (OFT intervening) [2009] CAT 32 (Enterprise Act, s.120, judicial review challenge to CC's disclosure procedure during course of merger inquiry)
BUAV v Information Commissioner (FOIA request - whether information held)
Andrew Bousfield v The Information Commissioner [EA/2009/0113] (FOIA request - application of exemption under section 40(2))
Bristol City Council v Information Commissioner [EA/2010/0012] (EIR request)
Malcolm v Information Commissioner [EA/2008/0072] (FOIA request - whether information held)

Public Procurement

Fiona regularly advises and appears in Court on behalf of clients in relation to all aspects of Procurement law. Her recent work includes:

Photo-Me International Plc v Network Rail Infrastructure Limited [2011] EWHC 3168 (QB)(strike out application; services concession)
Amaryllis -v- OGC Buying Solutions - (damages claim arising out of the alleged breaches of the Public Contract Regulations 2006)
Enterprise plc -v- Liverpool Mutual Homes (dispute raising important conceptual legal issues about the approach to awarding framework contracts
Contributor to "Public Procurement Law: Damages as an Effective Remedy " (Hart, 2011)

Sport

Listed as a leading junior in 'Media, Entertainment and Sport' in the Legal 500 since 2009, Fiona has acted on behalf of national sports governing bodies, individual players, clubs and broadcasters in a variety of forum, including disciplinary, arbitral, High Court and CAT. She has a growing reputation having appeared in leading cases with more senior members and now increasingly takes the lead in important cases in the area of sports law in her own right.

BSkyB v Ofcom (currently acting on behalf of The Football Association, The Football League, The European PGA Tour, The Rugby Football League and The Rugby Football Union in their intervention in respect of the appeals brought by The Premier League and others against the Ofcom Pay TV Decision)

Currently acting at arbitration in respect of a contractual dispute concerning sports broadcasting rights, on behalf of an international sports broadcaster
Upul Tharanga v International Cricket Council (anti-doping - decision of Independent Anti-Doping Tribunal)
Orphee Ltd v Adebayor
Bolton Wanderers v Nicolas Anelka and others [2009] (High Court - image rights dispute)
Sheffield United FC v West Ham FC (2008)(FA Arbitration - compensation for relegation arising out of West Ham's use of Carlos Tevez)
Walsh v UKAD (anti-doping - decision of NADP)
Mellor v UKAD (anti-doping - decision of NADP)

VAT

Calltel & Opto v HMRC [2010] EWCA Civ 517 (Court of Appeal- test case on "Means of Knowledge" within the context of MTIC (carousel) fraud)
Prince Karunaraina Samarappuli Arachchige v HMRC [2009] EWHC 1077 (Ch) (High Court appeal - VAT treatment of vouchers, on appeal to the Court of Appeal, awaiting judgment)
Masterlease Ltd v The Commissioners for HMRC [2010] UKFTT 339 (First Tier Tribunal - VAT treatment of supplies made under HP agreements)
GMAC 3 v HMRC [2010] UKFTT 202 (First Tier Tribunal - VAT treatment of supplies made pursuant to hire purchasing agreements)
Vodafone Group Services Limited v HMRC (VAT & Duties Tribunal - VAT treatment of vouchers)
DSG International Insurance Services Ltd v HMRC (2007) (VAT & Duties Tribunal - insurance premium tax)