Elisa Holmes

Elisa Holmes
Call 2003 | 1998 (Australia)
Education

MPhil (Oxon); BCL (Oxon); LLB(Hons)(Adel); BA (UniSA)

Contact the Clerks

+44 (0)20 7405 7211 | chambers@monckton.com

Elisa specialises in competition law, public procurement, European law, regulation and public and administrative law. She also practices in general commercial law and sports law and has many years of advisory and advocacy experience in these areas.

She has over ten years of experience regularly appearing in courts and tribunals, including appellate courts, both in England and Australia. She is a member of the Procurement Lawyers Association and in particular the remedies working group concerned with the implementation of the new public procurement remedies Directive. She is a committee member of the Bar European Group and a member also of the Administrative Law Bar Association, the Commercial Bar Association and the Human Rights Lawyers’ Association. Elisa is also a member of the Sport Resolutions Panel of Arbitrators and Mediators and is the Australian Olympic Team Advocate for the 2012 Olympic Games.

Recent / Major Cases
  • Turning Point Limited v Norfolk County Council [2012] EWHC 2121 (TCC)
  • Photo-Me International Plc v Network Rail Infrastructure Limited [2011] EWHC 3168 (QB)
  • Case 1160/1/1/10 Imperial Tobacco and others v Office of Fair Trading (Competition Appeal Tribunal)
  • Barclays Bank & others v Competition Commission [2009] CAT 27
  • European Dynamics SA v HM Treasury (sued as Buying Solutions) [2009] EWHC 3419 (TCC)
  • Case No. 1116/4/8/09 Sports Direct International PLC v Competition Commission
  • J B Leadbitter & Co Limited v Devon County Council [2009] EWHC 930 (Ch)
  • Case No. 1109/6/8/09 Barclays  Bank Plc v The Competition Commission
  • EDS v Transport for London (Queen’s Bench Division) (Led by Paul Lasok QC)
  • Letting International Ltd v London Borough of Newham (Court of Appeal) (Own right)
  • Letting International Ltd v London Borough of Newham (Queen’s Bench Division) (Led by Rupert Anderson QC)
  • Sky & Virgin v Department for Business, Enterprise and Regulatory Reform and Competition Commission [2010] EWCA Civ 2; [2008] CAT 1 (Led by Rupert Anderson QC in substantive hearing and in own right in remedies hearing)
  • British Amateur Weightlifters Association (Court of Arbitration for Sport) (Own right)
  • Tesco Plc v The Competition Commission (Competition Appeal Tribunal) (Instructed in own right for intervening party)
  • Lion Apparel Systems Limited v Firebuy Limited (Chancery Division) (Instructed in own right for intervening party)

 

Competition & Telecommunications

EBSkyB v The Secretary of State, Merger Action Group v The Secretary of State (in relation to the merger between Lloyds and HBOS) and Barclays Bank v The Competition Commission (in relation to the Competition Commission’s investigation into Payment Protection Insurance). She also has substantial experience in private enforcement of competition law and follow-on damages actions. Elisa has significant experience advising in relation to all aspects of competition law for both government and private parties. She has advised in relation to major merger references and regularly advises in relation to Chapter I / Article 81 and Chapter 2 / Article 82 issues. Elisa also has a wealth of experience in the telecommunications law and has acted for Ofcom in several Communications Act and Enterprise Act investigations and regulatory processes. Elisa is a contributing author of the competition law section of Vaughan and Robertson’s Law of the European Union and co-author of EU Competition Law: Procedures and Remedies.

Elisa has been instructed in several of the most significant competition law cases in the CAT, including

Her recent cases include:

  • Case No. 1116/4/8/09 Sports Direct International PLC v Competition Commission
  • Case 1160/1/1/10 Imperial Tobacco and others v Office of Fair Trading (Competition Appeal Tribunal)
  • Case No. 1109/6/8/09 Barclays  Bank Plc v The Competition Commission
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2008] CAT 36
  • Sky & Virgin v Department for Business, Enterprise and Regulatory Reform and Competition Commission [2010] EWCA Civ 2; [2008] CAT 1 (Competition Appeal Tribunal and Court of Appeal) (Led by Rupert Anderson QC in substantive hearing and in own right in remedies hearing)
  • Tesco Plc v The Competition Commission (Competition Appeal Tribunal) (Instructed in own right for intervening party)
  • Rapture TV v OFCOM [2008] CAT 14 (Competition Appeal Tribunal) (Led by Michael Bowsher QC)
Human Rights Law

Elisa has been instructed by the Treasury Solicitor in relation to several discrimination claims, and has a substantial amount of advocacy experience in human rights matters in both courts and tribunals. She is completing her doctorate dissertation (from the University of Oxford) on human rights law, and in particular, anti-discrimination rights. She was also a Visiting Research Fellow in the area of human rights law and legal philosophy at the Columbia University in New York in 2004. During pupillage Elisa was involved in the preparation of numerous cases involving the ECHR, including major cases concerning Article 6, Article 2 and Article 14. In Australia, she appeared as counsel in several appellate cases involving the application of common law human rights.

Recent cases include:

  • Nelson English v The Republic of Lithuania (European Court of Human Rights)(Led by Piers Gardner)
  • Jordan v DCA (Employment Tribunal)(Own right)
  • Semple v DCA (Employment Tribunal)(Own right)
  • Sinha v HM Prison Elmley and Ors (Employment Tribunal)(Own right)
  • Crowdy v MOD (Employment Tribunal)(Own right)
  • Duce v DCA (Employment Tribunal)(Own right)
  • Wilson v Thames Valley Magistrates Court (Employment Tribunal)(Own right)
Procurement / State Aid

Elisa is a leading junior in the area of public procurement. She has acted as counsel in several of the leading domestic public procurement cases, including Letting International v London Borough of Newham, Lion Apparel v Firebuy and Leadbitter v Devon County Council. She been instructed in relation to several procurement matters by private parties in relation to tender processes by the Scottish Ministers, Network Rail, the National Health Service, the Police Information Technology Organisation and several central government departments and local authorities. These have included instructions in relation to the preparation of and appearance at injunctive proceedings, as well as instructions High Court proceedings in relation to the application of the 1993 procurement Regulations and the 2006 Regulations, including the Regulations applicable to utilities. Elisa is a member of the Procurement Lawyers’ Association and is on the working group responsible for responding to the OGC’s consultation on the new remedies Directive. Her recent cases include:

  • Turning Point Limited v Norfolk County Council [2012] EWHC 2121 (TCC)
  • Photo-Me International Plc v Network Rail Infrastructure Limited [2011] EWHC 3168 (QB)
  • European Dynamics SA v HM Treasury (sued as buying Solutions) [2009] EWHC 3419 (TCC)
  • J B Leadbitter & Co Limited v Devon County Council [2009] EWHC 930 (Ch)
  • EDS v Transport Trading Ltd (TFL) [2008] EWHC 2105 (High Court – Queen’s Bench Division)(Led by Paul Lasok QC)
  • Letting International Ltd v London Borough of Newham (Court of Appeal)(Own right)
  • Letting International Ltd v London Borough of Newham (Queen’s Bench Division)(Led by Rupert Anderson QC)
  • Lion Apparel Systems Limited v Firebuy Limited (Chancery Division) (Instructed in own right for intervening party)
  • Quality Home Care Services v Blackpool Council (Queen’s Bench Division) (Own right)
Public & Administrative Law

Elisa has substantial experience in the area of public and administrative law. She has been involved in the preparation of many applications for judicial review, both for applicants and for government. She has been instructed by government departments and private clients in many areas including environmental law, freedom of information and data protection, work and pensions and immigration in judicial review proceedings in the Administrative Court. In Australia she has acted as counsel in several significant judicial reviews in the Federal Court of Australia. Her recent cases include:

  • R (John Ernest Charles Cartwright) v The Secretary of State for Transport
  • R (English Churches Housing Group Limited) v Birmingham City Council
  • R (Peter Strawson Limited) v Secretary of State for the Environment, Food and Rural Affairs
  • R (Swift Taxis & Private Hire Limited v Norfolk County Council
  • Nelson English v The Republic of Lithuania (European Court of Human Rights)(Led by Piers Gardner)
  • The Health Professions Council v The Information Commissioner (Information Tribunal)(Own right)
  • Limitmaze v HMRC (Administrative Court)(Own right)
  • Anthony Halliday v DWP (Administrative Court)(Own right)
  • Andrew Lloyd v Torbay NHS Care Trust (Administrative Court)(Own right)
Sports Law

Elisa is regularly instructed in complex areas such as, competition law in the context of sport, tax in the context of sport and doping.  Further example of Elisa’s excellence is apparent from her election onto the panel of just 17 lawyers to provide specialist advocacy for athletes throughout the 2012 Olympic and Paralympic games in London.  As well as conducting a large number of selection and nomination appeals in both Australia and the UK, Elisa is the Australian Olympic Team Advocate for the 2012 Games.  She is also a member of the Sport Resolutions Panel of Arbitrators and Mediators.

Cases include:

  • CAS 2010/A/2230 International Wheelchair Basketball Federation v UK Anti-Doping & Simon Gibbs; Court of Arbitration for Sport
  • UK Anti -Doping v Simon Gibbs; National Anti-doping panel
  • British Weightlifters Association v UK Sport; Administrative Court
  • Cases 2007/A/1405 and 2007/A/1418 Cooper and Grant v BWLA;

Court of Arbitration for Sport

  • British Weightlifters Association v Cooper, Burrowes, Grant and Travis
  • Spot the Ball and ors v HMRC; VAT Tribunal

 

VAT

Elisa has appeared regularly in her own right in the VAT Tribunal, as well as the High Court, in relation to a broad range of VAT matters. She has also appeared as junior counsel on behalf of HMRC in carousel fraud hearings in the VAT Tribunal. She has provided advice to charities and education bodies in relation to the application of various exemption provisions contained in the VAT Act. Recent cases include a successful High Court appeal overturning the imposition of default surcharges by HMRC in CMS Peripherals Limited v The Commissioners for HMRC.

Cases Include:

  • CMS Peripherals v HMRC (Chancery Division) (Appeal from VAT Tribunal in which also acted)(Own right)
  • Starline and Wessex Taxis Limited v HMRC (VAT Tribunal)(Own right)
  • Fibrothetford v HMRC (VAT Tribunal) (Own right)
  • Ocean Grown UK Ltd v HMRC (VAT Tribunal) (Own right)
  • Purple Telecom Ltd v HMRC (VAT Tribunal)(Own right)
  • William Hill (Resources) Ltd V HMRC (VAT Tribunal)(Own right)
  • Addison Motors T/A Benfield v HMRC (VAT Tribunal)(Own right)
  • Mobile Export 365 Ltd v HMRC (VAT Tribunal)(Own right)
  • Savva & Co Associates v Inland Revenue (VAT Tribunal)(Own right)
What the Directories Say

Under Public Procurement: Employs her impressive knowledge of procurement law across a broad range of industry sectors and has experience in acting on behalf of both bidders and contracting authorities. “She is user-friendly and incredibly bright, and impresses with her level of knowledge and attention to detail.”Chambers UK, 2014

Elisa Holmes is recommended as a leading junior in Media, Entertainment and Sport Law. Legal 500, 2013

Elisa Holmes is recommended as a leading junior in Public Procurement Law. Legal 500, 2013

Public Procurement: “Elisa Holmes combines an “approachable and charming” manner with the steel of a “gritty and determined advocate.” She has recently advised on procurement disputes involving transport, medicines and a whole host of services provided to central government departments.” Chambers UK, 2013

Elisa Holmes is recommended as a leading junior in Media, Entertainment and Sport Law. Legal 500, 2012

“”Committed, analytical and combative,” Elisa Holmes is a noted procurement specialist who has recently represented the Secretary of State of Justice before the High Court. She is also instructed by the BBC on all its procurement matters.” - Chambers UK, 2012

Media, Entertainment & Sport recommend Elisa Holmes who “has a ‘terrier-like desire to ensure that justice is done’.”  Legal 500, 2011

Recommended in Public Procurement Law, “Elisa Holmes is another well-regarded public procurement junior at the set. She has been instructed in several significant cases, including Letting International v London Borough of Newham and Leadbitter v Devon County Council. She instils confidence as she provides “acute legal thinking and has an elegant style in court.” High-profile clients such as the BBC and the MoD are anxious to employ her services.” – Chambers UK, 2011

Publications
  • “Follow-on damages claims: The CAT or the High Court? *National Grid v ABB Limited and ors [2009] EWHC article published in 4/2010 of ECLR
  • Contributing author, EU Competition Law: Procedures and Remedies (OUP 2006)
  • Contributing author, Vaughan and Robertson (eds), Law of the European Union (OUP, 2006)
  • “Anti Discrimination Rights Without Equality” (2005) 68 MLR 1
  • Book Review, Fredman & Spencer eds, Age as an Equality Issue [2004] PL 913
  • “Two Concepts of Law” (with Professor John Gardner), delivered at the Oxford Legal Philosophy Colloquium 2003
  • “Getting Notices Right”, 26 August 1999, published by Legal and Accounting Management Services Pty Ltd (LAAMS)
  • “Major Utility Failure – Class Actions”, (with Tom Gray QC) 22 June 1999 Australian Mining and Petroleum law Association Seminar
Additional Information

Elisa obtained a first class Honours degree in law at the University of Adelaide in 1997, and was a University Medalist (awarded to the top graduating student in the University) in the same year. She was called to the Bar in Australia in 1998, and practiced in Australia until 2001. Whilst at the Bar in Australia, Elisa had a broad practice generally in the areas of commercial law, competition law, administrative law and equity. She had many appearances in her own right in District Courts, the Supreme Court, the Federal Court and the High Court of Australia.

Elisa came to England in 2001 to read for the BCL (First), MPhil (First) and DPhil at the University of Oxford. After completing twelve months of pupillage, she took up a position as a Visiting Research Fellow at Columbia University in New York City, before returning to practice at the Bar at Monckton Chambers in 2005. Elisa appears regularly in courts and tribunals and advises high profile private as well as government clients in each of her areas of specialisation.

Add to portfolio View portfolio