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LIGIA OSEPCIU

BA (Cantab), LLM (Cornell)
CALL DATE: 2008 New York Bar Admission: 2009

SUMMARY

Ligia has been a tenant at Monckton Chambers since October 2009, having successfully completed her pupillage with Chambers. She has experience of all key Chambers practice areas and specialises particularly in European law, competition law, procurement and utilities regulation.

In 2011, Ligia was instructed as Junior Counsel for the OFT in the Tobacco Litigation before the Competition Appeal Tribunal [2011] CAT 41.  Ligia has also advised in a number of matters involving post-conclusion changes to high-value, long-term PFI contracts, which raised complex issues concerning the interaction of contract, public and procurement law. She regularly advises Ofgem on a range of electricity regulation issues.

From January until July 2012, Ligia is seconded on a full-time basis to the Anti-trust/Competition Group at Linklaters plc (London office), where she is gaining experience of merger control matters

 

EDUCATION & PRIZES

  • BA (Law) Trinity College, Cambridge (Trinity College and Cambridge Commonwealth Trust Scholar) (2003-2006) 
  •  LLM, Cornell University Law School, Ithaca, New York (graduated top 5%) (Trinity College Hollond Travelling Studentship) (CALI Excellence for the Future Award for top marks in Anti-trust Law) (2006-2007)
  • Bar Vocational Course, BPP Law School, London (Very Competent) (Lincoln's Inn Hardwicke Entrance Scholar & Droop Scholar) (Trinity College Whittaker Scholar) (2007-2008)
  • Bar European Group Phoenicia Scholar (2009)

 

LANGUAGES

French (fluent), Romanian (native)

 

COMMERCIAL LAW

During her first year of practice, Ligia represented clients in a range of commercial contract claims in the before the County Courts and in warrant applications under the Electricity Code (Schedule 6, Electricity Act 1989) in the Magistrates Courts.

Ligia has advised on:

  • service of proceedings out of jurisdiction (including non-Brussels Regulation states);
  • procedure for seeking a European Payment Order;
  • applications for specific disclosure, summary judgment and for setting aside default judgment;
  • application of section 140 of the Consumer Credit Act 1974 on unfair credit relationships;
  • specific enforcement of share purchase agreements;
  • actions against landlords under section 214 of the Housing Act 2004.

 

COMPETITION LAW

From January until July 2012, Ligia is seconded on a full-time basis to the Anti-trust/Competition Group at Linklaters plc (London office), where she is gaining experience of merger control matters.

Recent work includes:

  • (1) Morrisons; (2) Imperial Tobacco; (3) Cooperative Group; (4) Safeway; (5) Asda; & (6) Shell v Office of Fair Trading [2011] CAT 41: Junior Counsel instructed by the OFT in Competition Appeal Tribunal  "Tobacco" appeals concerning the compatibility of parity and differential pricing practices with the Chapter I prohibition
  • Advising on the legal options available to a party that failed to appeal and OFT infringement decision in time (2011)
  • Advising on merits of and procedure for a follow-on damages claim (2011)
  • Bookmakers' Afternoon Greyhound Services v Amalgamated Racing Limited (as pupil to Paul Harris). Appeal from a High Court decision concerning the application of Article 81 EC to a joint venture for licensing certain horse racing media rights.

 

EUROPEAN LAW

Recent work includes:

  • Advising the Department for Communities and Local Government in a number cases involving the "claw back" of European Regional Development Fund grants (2011)
  • Seaside Shipping v Department of Transport (Isle of Man) (as pupil to Ian Rogers). Petition to strike out a petition of doleance on grounds of delay; application of the EC principles of equivalence and effectiveness to national time limits.
  • Case C-26/09 Motor Insurers' Bureau (as pupil assisting Tim Ward). Reference to the ECJ concerning, inter alia, the status the Motor Insurers' Bureau as an "emanation of the State" for EC law purposes.

 

PROCUREMENT LAW

Recent work includes:

  • Advising a DBFO contractor on a range of contract change issues, including public and private law options for reopening negotiations on financial terms (2011)
  • Advising a local authority on the early termination of a complex services PPP (2011)
  • Photo-Me International v DVLA  (2011) - High Court challenge to a direct award of a Part B services contract - settled at mediation
  • JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (as junior to Michael Bowsher QC and Elisa Holmes). High Court action concerning late tenders and the application of the principle of proportionality in procurement law.
  • Epix v Kirklees MBC (settled) - High Court procurement damages action arising out of a local authority software tender. Ligia appeared in her own right before the Manchester Technology and Construction Court, making a successful application for specific disclosure application in this matter.

 

PUBLIC & ADMINISTRATIVE LAW

Recent work includes:

  • Representing the Information Commissioner's Office in a number of appeals under section 57 of the Information Act 2000  - appeals dealt with in that papers (2011)
  • Advising on a proposed judicial review to the Ministry of Justice's decision to outsource court and police interpreting services (2011)
  • R (Lee Ling Low) v Secretary of State for the Home Department  [2009] EWHC 35 (Admin) (as pupil to Ian Rogers). Judicial review concerning the application of Article 49 EC to an Irish company "posting" persons unlawfully present in the UK as workers to UK businesses.
  • Secretary of State for Defence v Duncan (as pupil to Ian Rogers). Appeal to the Pensions Appeal Commissioners concerning the interpretation of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
  • R (Herron) v Parking Adjudicator [2009] EWHC 1072 (Admin) (as pupil to Ian Rogers). Judicial review challenge to the independence of the Parking Adjudicator. 

 

TELECOMMUNICATIONS LAW

Recent work includes:

  • British Telecommunications plc (Wholesale Broadband Access Charge Control) v Ofcom - acting for interveners BskyB and TalkTalk in BT's appeals against the Wholesale Broadband Access charge control imposed by Ofcom

 

UTILITIES REGULATION

From April-2010 until February 2011, Ligia was seconded on a full time basis to the Smarter Grids and Governance Department of Ofgem, where she developed a strong grounding in the UK electricity and gas transmission and distribution licensing and charging regimes.  She has since advised Ofgem on a number of transmission and distribution issues.

Recent works includes:

- Advising Ofgem in relation to determinations under section 23 of the Electricity Act 1989 and section 27A of the Gas Act 1986 (2011)

- Advising Ofgem in relation to proposed changes to charging arrangements for distributed generation - with Daniel Beard QC (2011)

- Advising Ofgem in relation to a proposal to modify the Transmission Balancing and Settlement Code ("BSC") - with Daniel Beard QC (2011)

- Advising Ofgem on financial incentives for renewable/low carbon generation - with Daniel Beard QC (2011)