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Curriculum Vitae
Summary
All specialist areas
Administrative Law, incl. Human Rights
Commercial and Competition
European Law
Sports Law
Sports, Entertainment and Media Commercial & Competition
VAT & Duties & Customs
  • What the Directories Say

On competition, Chambers UK, 2010 states that "Paul Harris defended BERR against a challenge from the Merger Action Group over its decision to let the Lloyds TSB/HBOS merger go ahead. According to interviewees, he is "hard, aggressive and enjoyable to work with." "

Chambers UK, 2010 reports that "sources recommend Paul Harris as one of the sports sector's rising stars and praise his "outstanding work and tireless work ethic." Clients are particularly keen to laud his availability and commercial approach, suggesting that "Paul is one of those rare barristers who you can get hold of even when he's on the beach digging his sandcastles." Harris has been involved in a number of the leading sports cases of recent times, including Mutu v Chelsea FC and BAGS v Amalgamated Racing."

The Lawyer "Hot 100" 2009 describes Paul as "A rising star in the competition world, Harris has appeared in almost every abuse of dominance case in the past few years.

Listed as a leading Junior under EU and Competition law, 'direct and down to earth' Paul Harris acted in the multi-party dispute of Bookmakers Afternoon Greyhound Services, regarding televised horseracing in betting shops.  Under VAT, Paul Harris is 'excellent, works hard and has a great grasp of detail'. - The Legal 500, 2009

On Competition and EU law Chambers UK, 2009 states "Clients are impressed with Paul Harris' "aggression and down-to-earth client-handling abilities." Representing clients before the CAT and ECJ, he is "a very charming individual" who is particularly recommended for contentious matters."

On Sport: "Paul Harris of Monckton Chambers is a standout junior who has "an excellent manner with clients and an impressive grasp of sports law." "A tenacious litigator", he is considered sure to remain at the top of his game."

On Tax: "Paul Harris "always impresses" on VAT cases, consistently proving himself a "real fighter.""

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Paul Harris

MA (Cantab) (First Class) (Law & Economics) (Trinity Hall); LL.M. (University of California, Berkeley) (Fulbright)
Call date: 1994

Summary

Paul's practice concentrates on contested litigation and advocacy, particularly in the fields of competition, European, human rights, public/administrative, sports, and VAT law.

He has consistently been recognised in Legal 500 and Chambers & Partners as a skilful, effective and approachable advocate in his areas of specialisation, and this year features as a Litigator in The Lawyers "Hot 100" and as the number 1 'star' ranked Sports law junior in Chambers and Partners.

Paul belongs to the Bar European Group, the Bar Sports Law Group, the Competition Law Association and COMBAR. He is also Vice-Chairman and a Director of the British Association for Sport and Law and qualified as a Legal Practitioner of New South Wales, Australia.

Paul is on the A Panel of Treasury Counsel.

Recent Cases

Administrative, including Human Rights

  • Sports Direct v. The Competition Commission [2009] CAT (Enterprise Act s.120, judicial review challenge to CC's disclosure procedure during course of merger inquiry) 
  • BAA v. The Competition Commission [2009] CAT (Enterprise Act s.179, judicial review challenge to CC's decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh airports)
  • Merger Action Group v. SSBERR [2008] CAT 36 (Enterprise Act s.120, judicial review challenge to Secretary of State decision not to refer Lloyds/HBOS merger to competition commission)
  • MAN ERF v. HMRC (2008) (judicial review of HMRC policy of apportionment of s.61 penalties as between directors and company)
  • R (Boughton & Others) v. HM Treasury (2006)(Admin. Court) (conscientious objection, freedom of religion, Article 9 ECHR)
  • Taylor v. Lancashire CC (2005) HRLR 17 (Court of Appeal) (Article 14 ECHR, scope and effect of HRA 1998, meaning of "victim")
  • Hawkins & Feakins v. Rural Payments Agency (2005) (Court of Appeal) (statutory construction, transactions at an undervalue, direct effect, EC law damages, trespass)
  • R v. ITC ex p TVDanmark (2004) (House of Lords) (TV Without Frontiers Directive, cross-border transmissions)

Commercial Competition

  • Nokia v. Hitachi and others (LCD and CRT cartels, multi-Defendant, multi-jurisdictional damages action)
  • Cable & Wireless v. OFCOM [2009] CAT (leased lines charge control, telecoms regulation)
  • PKF Corringway v. OFT [2009] CAT (construction cartel, penalty appeal)
  • Cresta Furntiure v. Natuzzi [2009] (Ch) (furniture distribution, alleged RPM)
  • Hays plc v. OFT [2009] CAT (construction recruitment cartel, penalty appeal, challenge to MDT)
  • Eden Brown & Others v. OFT (2009) (construction recruitment cartel, penalties)
  • William Hill & Ladbrokes & others v. Racing UK & others [2009] EWCA Civ 750 (Court of Appeal, 'TurfTV' new broadcasting market entrant, Ch I prohibition, horizontal collusion, foreclosure, exclusivity, collectivity, effect of article 81(2))
  • Chester City Council v. Arriva [2007] EWHC 1373 (Ch) (market for bus services, abuse of dominance, 'flooding', predatory pricing, geographic scope)
  • adidas v. the ITF & others [2006] EWHC 2262 (Ch) (challenge to rules of tennis world governing body and Grand Slams, Articles 81EC and 82EC, discrimination, disproportionate impact, interim injunction)
  • Umbro; Manchester United Plc; JJB Sports; Allsports Ltd v OFT [2005] CAT 22 (price-fixing cartel for replica football shirts, level of penalties)

Other Commercial

  • FMC Foret v. Unilever [2009] (Commercial Court) (worldwide sales of STPP)
  • Nokia Gmbh v. IPCOM (2009)(FRAND patent issues re mobile phones)
  • BWFC v. Kalivions (2009)(liability under image rights agreements)
  • SuperAguri (2008) (Formula 1 contract dispute)
  • MSM SATELLITE (SINGAPORE) (2008) (valuation of broadcasting rights)
  • Frontier Estates (2008) (directors' liability, breach of trust)
  • ALPHAMERIC / SIS (2008) (use of horse racing data rights)

European

  • Beheer (2008) Case C-124/07 (VAT treatment of insurance intermediaries)
  • HMRC v. Isle of Wight Council (2008) Case C-288/07 (correct meaning of Article 4(5) 6th Directive, "significant distortions of competition")
  • Securenta (2008) Case C‑437/06 (economic and non-economic activities, right to deduct)
  • Gotz (2007) C‑408/06 (economic activity, transactions of agricultural intervention agencies and staff shops, geographic market)
  • Compaq (2006) Case C-306/04 (customs value, laptop computers equipped with operating systems software)
  • Tempelman (2005) (ECJ) (interpretation of Community animal health legislation, foot and mouth epidemic)

Sports

  • Celtic Rugby Board v. Ospreys [2010] (CR Disciplinary Panel) (disciplinary and misconduct charges for failing to fulfil Match fixture)
  • Premier Rugby v. London Wasps [2009] (PR Panel) (alleged rule breaches from non-fulfilment of fixture)
  • Bolton Wanderers FC v. Nicolas Anelka & others [2009] (High Court) (image rights dispute)
  • The Renault 'crashgate' hearing before the WMSC
  • The Formula 1 'budget cap' and 'breakaway' dispute
  • Ferrari v. FIA & Brawn GP (2009)(International Court of Appeal) ("diffusers" appeal)
  • Adrian Mutu v. Chelsea FC (2009) (CAS appeal against compensation order)
  • McLaren Mercedes v. FIA (2008) (International Court of Appeal) (appeal against Stewards Decision, Spa Grand Prix, admissibility, obtaining an advantage)
  • Sheffield United FC v. West Ham United FC (2008)(FA Arbitration) (CAS appeal)(compensation for relegation arising out of West Ham's use of Carlos Tevez)
  • Luton Town FC v. The FA (2008) (transfer rules breach, deduction of points)
  • Bergamasco & Del Fava v. 6 Nations (6 Nations disciplinary hearings, Italian RFU)
  • Gabriel Heinze v. Manchester United FC (2007) (Premier League) (disputed transfer to Liverpool FC)
  • The Carlos Tevez affair (2007) (Premier League fine on West Ham, disputes with rights owners)
  • Jon Obi Mikel and Chelsea FC v. Manchester United FC (2006) (FIFA Dispute Resolution Committee) (dispute over pre-contract option agreement, Nigerian international player)
  • Manchester City FC v. Joe Royle [2005] EWCA Civ 195 (Court of Appeal) (interpretation of commercial contract, termination of service, Premiership club and former manager)

VAT

  • MAN ERF v. HMRC (2009) (dishonesty attribution to company, penalties, mitigation, proportionality)
  • Ford Motor Company & others v. HMRC [2008] EWHC 712 (Admin) (VAT period staggers, legislation and policy)
  • Securenta (2008) Case C‑437/06 (economic and non-economic activities, right to deduct)
  • HMRC v. Isle of Wight Council & others Case [2007] EWHC 219 (Ch) (2008) C-288/07 (correct meaning of Article 4(5) 6th Directive, "significant distortions of competition")
  • ICSIL (IDT) v. HMRC (2006) (Court of Appeal) (VAT treatment of vouchers, Marleasing doctrine, territorial scope of 6th Directive)
  • Southampton University v HMRC [2006] EWHC 528 (Ch) (whether publicly funded research within the scope of VAT, scope of the right to deduct)
  • Zielinski Baker [2004] UKHL 7 (House of Lords)(interpretation of zero-rating provisions relating to protected buildings)