LAURA ELIZABETH JOHN

BCL (European and Comparative Law) (Oxon), BA (Hons)
CALL DATE: 2007

SUMMARY

Laura advises and represents a wide range of clients across Chambers' core areas of practice. In particular, she has quickly established a reputation in Competition and Environmental law. Despite only being Called in 2007, Laura is already in the Legal Directories. Legal 500, 2010 states that she 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'.

COMPETITION (INCLUDING TELECOMS)

Laura advises and represents private clients and regulators across the full spectrum of competition law and is currently involved in some of the most notable cases in this area in the Competition Appeal Tribunal, High Court, Court of Appeal and Supreme Court.

Recent and current cases include:

BCL (Old) -v- BASF [2010] EWCA Civ 1258: (Supreme Court - pending) jurisdiction of the Competition Appeal Tribunal under s.47A Competition Act 1998 to extend time in damages claims
Emerson Electric -v- Morgan Crucible [2011] CAT 4: (Competition Appeal Tribunal) jurisdiction of the Competition Appeal Tribunal under s.47A Competition Act 1998 to hear damages claims against subsidiary companies within infringing undertakings
Carphone Warehouse -v- OFCOM [2010] CAT 26: (Competition Appeal Tribunal and Competition Commission) appeal against price control set for access to BT's voice and broadband network
Campaign for Real Ale ('CAMRA') -v- OFT: (Competition Appeal Tribunal) judicial review of refusal to refer a supercomplaint under s.11 Enterprise Act to the Competition Commission
National Grid -v- Office of Gas and Electricity Markets (OFGEM) [2010] EWCA Civ 114 and [2009] CAT 14: (Court of Appeal and Competition Appeal Tribunal) appeal against Article 102 TFEU infringement decision
Devenish Nutrition Limited -v- Sanofi-Aventis SA (France) and Others [2008] EWCA CIV 1086, (Court of Appeal) availability of restitutionary awards for breach of Article 101 TFEU.

Laura regularly advises on a range of competition law matters, ranging from advice on contractual terms to responding to enquiries from the European Commission. Recent work includes advising on:

Ofcom's sub-loop unbundling Dispute Determination, 15 July 2011
restrictive covenants in land agreements, following the revocation of the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004
disputes under the Telecoms Code regarding positioning of mobile phone equipment
disclosure exercise in responding to European Commission requests for information
restrictions on advertising discounted prices via the internet and print media
OFT's Flybe/Air Southwest Decision, 5 November 2010
OFT's Construction Bid-Rigging Decision, 21 September 2009
the availability of remedies for breach of Article 101 TFEU in courts outside the EU

ENVIRONMENTAL LAW

Laura is a specialist in domestic, European and international environmental law. She is currently instructed in some of the most high profile environmental challenges being brought through the courts, including in the Court of Justice of European Union, and regularly advises on requests for environmental information, on campaign strategies, and on Government policy and decisions. In appropriate cases, she is happy to consider working at reduced rates or pro bono.

Her current work includes:

Case C-366/10 Air Transport Association of America -v- Secretary of State for Energy and Climate Change: (Court of Justice of the European Union - judgment pending) representing five Environmental Organisations in a challenge brought by the international aviation industry against their inclusion in the EU emissions trading scheme.
Greenpeace -v- Secretary of State for Energy and Climate Change: (Administrative Court - pending) application for a judicial review of the Government's ongoing consideration of license applications for deep water oil drilling in the North Sea, in the wake of the BP Deepwater Horizon disaster in the Gulf of Mexico.
Birkett (on behalf of Clean Air London) v Defra: (Court of Appeal, from the Upper Tribunal and Information Rights Tribunal - pending) right of public authorities to raise new exemptions, under the Environmental Information Regulations 2004, for the first time before the Tribunal.

Laura has advised on a wide range on environmental issues, including:

The construction of a power plant within a special area of conservation
VAT treatment of recycling companies, in view of the difficulties of tracing supplies through the recycling process (London Wiper Company (t/a Universal Recycling) -v- HMRC [2011] UKFTT 445 (TC))
Requiring oil, gas, and mineral extraction companies to publish what they pay governments for their extraction/exploitation licences
The removal of the Western Extension of the London Congestion Charging zone
The Government's justification of next generation nuclear power plants under Directive 92/29/EURATOM
The UK's application for a time extension for compliance with legal standards on dangerous airborne particles (PM₁₀) under Directive 2008/50/EC on Ambient Air Quality
Dismantling and recovery of 'ghost ships' and Regulation 1013/2006/EC on shipments of waste

Laura regularly appears in the Information Rights Chamber of the First Tier Tribunal, and is a contributor to the National Council for Voluntary Organisations' guidance on the Freedom of Information Act 2000 and Environmental Information Regulations 2004. Recent and current environmental cases include:

Robinson v Information Commissioner and Dept. of Communities and Local Government (Upper Tribunal - pending, on behalf of the requestor)
Staffordshire County Council and Sibelco UK Ltd v Information Commissioner (on behalf of the Information Commissioner)
Wood v Information Commissioner and Environment Agency (on behalf of the requestor)
Defra v Information Commissioner and Birkett (on behalf of Clean Air London) (Court of Appeal -pending, on behalf of the requestor)

Before being Called to the Bar Laura was Higher Executive Officer in DEFRA, working on the passage of the Animal Welfare Act 2006 through Parliament. Prior to that, during her BCL, she was a part-time Research Assistant at the University of Oxford, analysing administrative methods used to secure compliance with different marine environmental protection regimes operating in the Mediterranean (in particular, the EC and IMO/MARPOL regimes).

EU LAW

Laura is instructed in a range of cases raising questions of EU law, in particular in the environmental, competition and aviation law context. Recent and current cases include:

Case C-366/10 Air Transport Association of America -v- Secretary of State for Energy and Climate Change: representing five Environmental Organisations in a challenge brought by the international aviation industry against their inclusion in the EU emissions trading scheme
BCL (Old) -v- BASF [2010] EWCA Civ 1258: (pending in the Supreme Court) jurisdiction of the Competition Appeal Tribunal under s.47A Competition Act 1998 to extend time in damages claims, and whether it provides an effective remedy as required by EU law
Cases C-259 and 260/10 Rank Group Plc -v- HMRC: questions referred to the CJEU from the Upper Tribunal and Court of Appeal arising from breach of fiscal neutrality claim in respect of machines used to gamble
Greenpeace -v- Secretary of State for Energy and Climate Change: application for a judicial review of the Government's ongoing consideration of license applications for the exploitation of North Sea oil reserves located in deep water, in the wake of the BP Deepwater Horizon disaster in the Gulf of Mexico (in particular in view of the obligations in Directive 92/43, the Habitats Directive).

Laura regularly advises on a wide range of EU law issues, including raising EU law arguments in litigation, and on making complaints to the European Commission.

PUBLIC & ADMINISTRATIVE LAW

During pupillage she also assisted with:

Church of Jesus Christ of the Latter-Day Saints -v- Gallagher (Valuation Officer) [2008] UKHL 56 (as pupil to Tim Ward) - Intervention by the Secretary of State for Communities and Local Government in a request for a declaration of incompatibility under Article 14 together with Article 9 or Article 1 Protocol 1 ECHR.
Jelenewiecz -v- Secretary of State for Work and Pensions (as pupil to Tm Ward) - Appeal from the Social Security Commissioners against a refusal of income support, on the rights of residence which can be derived from European Union citizens studying in the UK and their dependent family members.

Before being Called to the Bar Laura was a member of Oxford Public Interest Lawyers, and advised on 'Legal Consequences of Israel's Construction of a Separation Barrier in the Occupied Territories' (shortly before the International Court of Justice issued its Advisory Opinion on the same matter).

TAX

Recent and current cases include:

Cases C-259 and 260/10 Rank Group Plc -v- HMRC, two cases referred to the CJEU from the Upper Tribunal and Court of Appeal arising from breach of fiscal neutrality claim in respect of machines used to gamble
South Africa Tourist Board -v- HMRC: appeal on whether South Africa Tourist Board makes taxable supplies
London Wiper Company (t/a Universal Recycling) -v- HMRC [2011] UKFTT 445 (TC): recycling company's appeal against refusal of deductions because of allegedly invalid invoices

Laura has advised on a range of issues, including:

the VAT treatment of legal services provided under LSC funding
the tax relief scheme for remediation of contaminated land under Schedule 22 Finance Act 2001, including on the scope of the scheme and on proposed amendments
the consequences for VAT registration of the sale and disaggregation of a business
the lawfulness of seizure and detention of goods subject to excise duty
whether certain healthcare professionals' services are taxable or exempt supplies

PROFESSIONAL BACKGROUND

Laura was a Higher Executive Officer in DEFRA, drafting and handling the Parliamentary process of the Animal Welfare Bill (now the Animal Welfare Act 2006). She is an experienced negotiator having dealt with cross-Whitehall negotiation of Government amendments and chaired policy working groups. She also has particular drafting expertise having drafted Ministerial speeches, assisted in drafting secondary legislation, and worked with Parliamentary Counsel on the Bill's drafting. She is experienced in working with a wide variety of both public and private bodies, including central Government departments, specialist regulators, devolved administrations, advisory bodies, charities and campaigning organisations.