Gerry Facenna

GF Amended
Call 2001
Education

MA (Cantab.), LL.B (Edin.)

Contact the Clerks

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

Gerry Facenna is recommended by Chambers UK and the Legal 500 as a leading practitioner across several practice areas, including Administrative & Public law, EU law, Environment and Data Protection. Described as ‘superb’, ‘totally brilliant’, ‘incredibly reliable’ and ‘great with clients’, he is a ‘highly creative advocate’ who is ‘persuasive and clear’ in court, as well as ‘exceptionally bright, approachable and willing to go the extra mile to find a solution’.

Gerry practises in the fields of public law, commercial regulation and EU law. He is an experienced advocate in the EU Courts, the Court of Appeal, the High Court and specialist tribunals. He acts in a wide range of public law matters, both for and against public bodies, including competition and regulatory proceedings, environmental law challenges and human rights cases. He has ‘a vast amount of experience spanning the breadth of EU law’ (Chambers UK, 2014), including competition, healthcare, foods, environmental protection, fundamental rights, free movement, State aid and tax.

He is also a leading practitioner in information law and personal data, described as ‘an expert in the field, with a comprehensive knowledge of the relevant case law’ (Legal 500, 2013).

He is a contributing author to Information Rights: Law and Practice (Hart, 2014); Halsbury’s Laws of England: Rights and Freedoms (LexisNexis, 2013); EU Competition Law: Procedures and Remedies (OUP, 2006); Law of State Aid in the European Union (OUP, 2004); and Law of the European Union Encyclopaedia (OUP, 2003).

Recent / significant cases

Supreme Court / Court of Appeal

  • Browning v Department for Business, Innovation and Skills, pending Court of Appeal (use of closed evidence in information tribunals)
  • SA (Pakistan) v SSHD, pending Court of Appeal (EU free movement – requirement for comprehensive sickness insurance)
  • ECO Manila v Siew Lan Lim, pending Court of Appeal (EU free movement – criteria for dependency)
  • BT v Sky, Ofcom & others [2014] EWCA Civ 133 (competition – Pay TV sports)
  • British Aggregates Association v HM Treasury [2013] EWCA Civ 720 (State aid challenge to the aggregates levy)
  • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606 (timing of exemptions in FOIA / environmental information proceedings)
  • R (Bailey & Ors) v London Borough of Brent Council [2011] EWCA Civ 1586 (challenge to library closures – discrimination and equality duties)
  • Pirelli Cable Holding NV v Revenue and Customs Commissioners [2008] EWCA Civ 70 (advance corporation tax – discrimination – double taxation – group income election – EU law)
  • Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v IRC [2007] UKHL 34 (EU principle of effectiveness / advance corporation tax / entitlement to compound interest in restitution)
  • R (Anti–Waste Ltd) v Environment Agency [2007] EWCA Civ 1377 (Landfill Directive – licensing of piggy–backing landfills)
  • Office of Communications v Floe Telecom Ltd [2006] EWCA Civ 768 (scope of powers of the Competition Appeal Tribunal)

High Court

  • R (Optimus GmbH & Ordanduu GmbH) v PhonepayPlus, pending (EU law and public law challenge to regulation of EU premium rate service providers)
  • R (Long) v Secretary of State for Defence, pending (human rights of service personnel in Iraq, right to life and procedural rights)
  • R (Kilgour / Cropston Angling) v Environment Agency, pending (Water Framework Directive– pollution of surface water)
  • R (McCarthy) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin) (EU free movement – residence cards – Protocol 21 TFEU)
  • R (European Metal Recycling) v Environment Agency [2012] EWHC 2361 (Admin) (Environmental Permitting Regulations – regulation of noise pollution)
  • Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner–Lambert Company LLC [2012] EWHC 1791 (Pat) (extension of patents under EU law – paediatric extension to a supplementary protection certificate)
  • R (Yates–Taylor) v Environment Agency & Ors [2010] EWHC 3038 (Admin) (Environmental Permitting Regulations – greenhouse gas emissions – incineration)
  • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin) (disability discrimination – EU free movement – taxi licensing)
  • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin) (Producer responsibility – waste electrical and electronic equipment)
  • Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin) (competition – collusive tendering – equal treatment and fairness in OFT investigations)

Specialist Tribunals

  • Peninsula Business Services v Ministry of Justice & IC, pending (access to information provided to courts and tribunals, meaning of s. 32 FOIA)
  • BSkyB Ltd v Virgin Media and others, [2014] CAT, pending (competition – sports on Pay TV)
  • Southwark Council & Lend Lease v IC [2014] UKUT (disclosure of planning viability assessments – social housing obligations – commercial confidentiality – Aarhus Convention rights)
  • SI Green Ltd v Swansea Friends of the Earth & Environment Agency [2013] UKUT 473 (environmental information – disclosure of financial information relation to landfills)
  • Browning v Information Commissioner & Department for Business, Innovation and Skills [2013] UKUT 0236 (AAC) (use of closed evidence – disclosure of names of businesses exporting to Iran)
  • BSkyB Ltd & TalkTalk v Ofcom & BT [2012] CAT (Ofcom charge controls – local loop unbundling and wholesale line rental)
  • Competition Commission – Movies on Pay TV market investigation (2012)
  • Ryanair Holdings plc v Office of Fair Trading and IC [EA/2012/0088] (information relating to OFT merger investigation – international relations)
  • Bath and North East Somerset Council v IC [2010] UKFTT EA/2010/0045 (disclosure of planning viability assessments – commercial confidentiality – World heritage site)
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2009] CAT 19 (challenge to Lloyds / HBOS merger)

EU Courts

  • C–461/13 Bund für Umwelt und Naturschutz Deutschland, pending (Water Framework Directive – environmental objectives for surface water)
  • C–240/13 & 241/13 Commission v Estonia, pending(Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas))
  • C–525/12 Commission v Germany, pending (Water framework Directive – meaning of ‘water services’)
  • C–202/13 McCarthy v SSHD, pending (free movement – residence cards – Protocol 21 TFEU)
  • C–658/11 Parliament v Council, pending (EU/Mauritius agreement on transfer of suspected pirates – common foreign and security policy – area of freedom, security and justice)
  • C–80/12 Felixstowe Dock and Railway Company and Others v. HMRC (2014) (corporation tax group relief / freedom of establishment)
  • C–456/12 & 457/12 S and O v Minister voor Immigratie (2014) (free movement – family members of EU citizens residing in home Member State)
  • C–423/12 Reyes v Migrationsverket (2014) (free movement – concept of ‘dependant’)
  • C–258/13 Sociedade Agricola v Instituto da Segurança Social, IP (2013) (Charter of Fundamental Rights – entitlement to legal aid)
  • C–137/12 Commission & Parliament v Council (2013) (conditional access Convention – common commercial policy – article 114 TFEU)
  • T–322/10 Clasado v Commission (2013) (direct action – challenge to non–authorisation of health claims on foods)
  • C–109/13 and 111/13 Commission v Finland (2013) (Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas))
  • C–109/12 Laboratoires Lyocentre (2013) (medical devices / medicinal products classification)
  • C-540/11 Levy and Sebbag (2012) (free movement of capital / double taxation)
  • T–86/10 British Sugar v Commission (2013) (direct action – annulment of regulation on calculation of sugar levies)
  • C–600/10 Commission v Germany (2012) (free movement of capital – taxation of dividends and interest paid to pension funds and pension insurance schemes)
  • C–342/10 Commission v Finland (2012) (free movement of capital – Article 63 TFEU – taxation of dividends paid to non–resident pension funds)
  • C–113/10 Zuckerfabrik Jülich / British Sugar (2012) (Common Agricultural Policy – sugar and isoglucose – calculation of production levies – exchange rate – award of interest)
  • T–210/02 RENV & C–487/06 P British Aggregates v Commission (2012) (state aid – environmental levy on aggregates)
  • C-294/10 Eglītis and Ratnieks (2011) (compensation of passengers in the event of cancellation of a flight)
  • C-397/09 Scheuten Solar Technology (2011) (freedom of establishment and business taxation)
  • T–250/08 Batchelor v Commission (2011) (direct action – refusal of access to information relating to Directive 89/552/EEC on television broadcasting activities)
Administrative and Public law

‘Specialises in public law matters concerning the environment, equality and discrimination. He also handles commercial and regulatory cases. “He can master material, his pleadings are first-class, and he is incredibly reliable.”… “He is great with clients and his knowledge of public law issues is comprehensive.”’ Chambers UK, 2014

Gerry acts for both claimants and defendants in judicial review claims, statutory appeals and in hearings before specialist tribunals. He has also acted for claimants in a number of cases before the European Court of Human Rights.

He has advised and represented a wide variety of regulators and public bodies, including the OFT, Ofcom, Ofgem, Ofwat, the Environment Agency, the Scottish Environment Protection Agency, Natural Resources Wales, the Information Commissioner, the Equality and Human Rights Commission, the MHRA, the Children’s Commissioner, the Youth Justice Board and the Law Society. He has also acted for many government departments, including BIS, the Cabinet Office, DCLG, DCMS, the MoD, the Department for Education, DECC, DEFRA, the Foreign Office, Department of Health, the Home Office, the Ministry of Justice, the Northern Ireland Office, HM Revenue & Customs, the Scotland Office, HM Treasury, and DWP.

On the claimant side Gerry has acted for a wide variety of commercial clients (including BT, Everything Everywhere, Ryanair, Sony and Sports Direct) and a number of campaigning groups and NGOs, such as the Campaign for Clean Air in London, Greenpeace, WWF, the Alzheimer’s Society, CTC (the national cycling charity), Sustain, BOND, Unison, Reprieve, Rights & Accountability in Development and the Media Legal Defence Initiative.

Current / recent work

  • Browning v Department for Business, Innovation and Skills [2014] EWCA, pending (closed evidence procedures in information rights tribunals)
  • R (Optimus GmbH & Ordanduu GmbH) v PhonepayPlus [2014] EWHC, pending (EU and public law challenge to regulation of premium rate service providers)
  • R (Long) v Secretary of State for Defence [2014] EWHC, pending (human rights of service personnel in Iraq, right to life)
  • R (Kilgour (Cropston Angling)) v Environment Agency [2014] EWHC, pending (Water Framework Directive– pollution of surface water)
  • R (European Metal Recycling) v Environment Agency [2012] EWHC 2361 (Admin) (Environmental Permitting Regulations – regulation of noise pollution)
  • R (Bailey & Ors) v London Borough of Brent Council [2011] EWCA Civ 1586 (challenge to library closures / discrimination and equality duties)
  • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606 (timing of exemptions in FOIA / environmental information proceedings)
  • R (Dedalus) v Arts Council for England (2010) (challenge to the Arts Council’s portfolio review)
  • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin) (equality duties – disability discrimination – EU free movement – taxi licensing)
  • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin) (producer responsibility – waste electrical and electronic equipment)
  • R (Crest Nicholson Plc) v Office of Fair Trading [2009] EWHC 1875 (Admin) (competition – collusive tendering – equal treatment and fairness in OFT investigations)
European Union Law

‘Has a vast amount of experience spanning the breadth of EU law. Has recently acted on a range of cases touching on free movement rights, discrimination questions and various tax levy issues. “Totally brilliant at European law and lovely to work with.”’ Chambers UK, 2014

Gerry has extensive experience of advising and litigating on EU law issues, both before the European Courts and the national courts. He has appeared in cases concerning competition, pharmaceuticals, broadcasting, foods, environmental protection, access to information, agricultural levies, fundamental rights, free movement, and EU external competence.

He has particular expertise on State aid and free movement, including the interaction between freedom of establishment and direct taxation. He has advised a number of public authorities and businesses on State aid issues, including in connection with housing, regeneration projects, transport, public procurement, and sports and arts funding.

He has appeared in more than twenty cases before the European Courts.

Current / recent work

Before the national courts:

  • SA (Pakistan) v SSHD, pendingCourt of Appeal (EU free movement – requirement for comprehensive sickness insurance)
  • ECO Manila v Siew Lan Lim, pending Court of Appeal (EU free movement – criteria for dependency)
  • R (Optimus GmbH & Ordanduu GmbH) v PhonepayPlus, pending High Court (EU and public law challenge to regulation of EU premium rate service providers)
  • British Aggregates Association v HM Treasury [2013] EWCA Civ 720 (State aid challenge to the aggregates levy)
  • R (McCarthy) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin) (free movement – residence cards – Protocol 21 TFEU)
  • Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner–Lambert Company LLC [2012] EWHC 1791 (Pat) (extension of EU patent – paediatric extension to a supplementary protection certificate)
  • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606 (use of exceptions under Environmental Information Directive)
  • R (Ivanchenko) v Secretary of State (2011)(discrimination against non–EU family  members in relation to student fees)
  • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin) (equality duties – disability discrimination – EU free movement – taxi licensing)
  • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin) (producer responsibility – waste electrical and electronic equipment)

Before the European Courts:

  • C–461/13 Bund für Umwelt und Naturschutz Deutschland, pending (Water Framework Directive – environmental objectives for surface water)
  • C–240/13 & 241/13 Commission v Estonia, pending(Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas))
  • C–525/12 Commission v Germany, pending (Water framework Directive – meaning of ‘water services’)
  • C–202/13 McCarthy v SSHD, pending (free movement – residence cards – Protocol 21 TFEU)
  • C–658/11 Parliament v Council, pending (EU/Mauritius agreement on transfer of suspected pirates – common foreign and security policy – area of freedom, security and justice)
  • C–80/12 Felixstowe Dock and Railway Company and Others v. HMRC (2014) (corporation tax group relief / freedom of establishment)
  • C–456/12 & 457/12 S and O v Minister voor Immigratie (2014) (free movement – family members of EU citizens residing in home Member State)
  • C–423/12 Reyes v Migrationsverket (2014) (free movement – concept of ‘dependant’)
  • C–258/13 Sociedade Agricola v Instituto da Segurança Social, IP (2013) (Charter of Fundamental Rights – entitlement to legal aid)
  • C–137/12 Commission & Parliament v Council (2013) (conditional access Convention – common commercial policy – article 114 TFEU)
  • T–322/10 Clasado v Commission (2013) (direct action – challenge to non–authorisation of health claims on foods)
  • C–109/13 and 111/13 Commission v Finland (2013) (Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas))
  • C–109/12 Laboratoires Lyocentre (2013) (medical devices / medicinal products classification)
  • C-540/11 Levy and Sebbag (2012) (free movement of capital / double taxation)
  • T–86/10 British Sugar v Commission (2013) (direct action – annulment of regulation on calculation of sugar levies)
  • C–600/10 Commission v Germany (2012) (free movement of capital – taxation of dividends and interest paid to pension funds and pension insurance schemes)
  • C–342/10 Commission v Finland (2012) (free movement of capital – Article 63 TFEU – taxation of dividends paid to non–resident pension funds)
  • C–113/10 Zuckerfabrik Jülich / British Sugar (2012) (Common Agricultural Policy – sugar and isoglucose – calculation of production levies – exchange rate – award of interest)
  • T–210/02 RENV & C–487/06 P British Aggregates v Commission (2012) (state aid – environmental levy on aggregates)
  • C-294/10 Eglītis and Ratnieks (2011) (compensation of passengers in the event of cancellation of a flight)
  • C-397/09 Scheuten Solar Technology (2011) (freedom of establishment and business taxation)
  • T–250/08 Batchelor v Commission (2011) (direct action – refusal of access to information relating to Directive 89/552/EEC on television broadcasting activities)
Commercial regulation, competition & telecommunications

Gerry has acted for large and small businesses in a variety of legal and regulatory contexts, including regulatory investigations, competition litigation, environmental disputes, information access disputes, and EU and public law challenges. Current and former clients include the Association of British Bookmakers, British Sugar, British Cycling, BT plc, Deutsche Bank, Dr Reddy’s, Everything Everywhere, Ryanair, Scottish Water, Sony, Sports Direct, Sports Investment Partners, T-Mobile, and TV Catchup, as well as a number of UK and EU–based premium rate service providers.

He has also advised and represented a number of regulatory bodies, including the Office of Fair Trading, Ofcom, Ofgem, Ofwat, the Environment Agency, the Information Commissioner, the Equality and Human Rights Commission and the Medicines and Healthcare products Regulatory Agency.

Current / recent work

  • BT v Sky, Ofcom & others [2014] EWCA Civ 133 (competition – Pay TV sector)
  • R (Optimus GmbH & Ordanduu GmbH) v PhonepayPlus, pending (EU and public law challenge to regulation of EU service providers by PhonepayPlus)
  • C–240/13 & 241/13 Commission v Estonia, pending(Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas))
  • Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner–Lambert Company LLC [2012] EWHC 1791 (Pat) (extension of EU patent – paediatric extension to supplementary protection certificate)
  • T–322/10 Clasado v Commission (2013) (direct action – challenge to non–authorisation by EU Commission of health claims on foods)
  • T–86/10 British Sugar v Commission (2013) (direct action – annulment of regulation on calculation of sugar levies)
  • Competition Commission – Movies on Pay TV market investigation (2012)
  • R (European Metal Recycling) v Environment Agency [2012] EWHC 2361 (Admin) (Environmental Permitting Regulations – challenge to approach to regulation of noise pollution)
  • BSkyB Ltd & TalkTalk v Ofcom & BT [2012] CAT (Ofcom charge controls (local loop unbundling and wholesale line rental))
  • Ryanair Holdings plc v Office of Fair Trading and IC [EA/2012/0088] (information relating to OFT merger investigation – international relations)
  • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin) (EU free movement – taxi vehicle licensing)
  • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin) (producer responsibility – waste electrical and electronic equipment)
  • Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin) (competition – collusive tendering – equal treatment and fairness in OFT investigations)
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2009] CAT 19 (challenge to Lloyds / HBOS merger)
  • R (Ferndale Foods Ltd) v OFT and Asda (2009) (challenge to OFT’s application of the Supermarkets Code of Practice)
Environmental Law

‘A well-regarded junior with a broad public law practice that encompasses environment law challenges. “He has a very genial approach but you have to be careful because he is much more ruthless than he lets on,” one peer commented.’ Chambers UK, 2014

‘Gerry Facenna is singled out for his “personable manner” and “ability to be both swift and yet careful in his approach.” He is highly regarded for his expertise in EU environmental law and also continues to win praise for his work on behalf of regulators….Peers further describe Facenna as being “a sound, focused and highly creative advocate.”’ - Chambers UK, 2012

Gerry has been recommended by the legal directories as a leading barrister in environmental law every year since 2006. He continues to act for individuals and companies, campaigning groups and regulators on a range of environmental issues.

He has advised or acted in cases concerning environmental permitting (including grant of permits, variations, suspensions etc.), producer responsibility schemes, waste incineration, landfill, GM labelling, air and water quality, noise pollution, trade in endangered species, transfrontier shipments of waste, renewables, advertising rules on emissions data, groundwater protection, habitats protection, disposal of radioactive waste, contaminated land, CRC energy efficiency schemes, feed-in tariffs, emissions trading, environmental State aid and Aarhus rights.

Current / recent work

  • C–461/13 Bund für Umwelt und Naturschutz Deutschland, pending (Water Framework Directive – environmental objectives for surface water)
  • R (Kilgour (Cropston Angling)) v Environment Agency, pending (Water Framework Directive compliance – pollution of surface water)
  • C–525/12 Commission v Germany, pending (Water framework Directive – meaning of ‘water services’)
  • Southwark Council & Lend Lease v IC [2014] UKUT (disclosure of planning viability assessments – social housing obligations – commercial confidentiality – Aarhus Convention rights)
  • SI Green Ltd v Swansea Friends of the Earth & Environment Agency [2013] UKUT 473 (environmental information – disclosure of financial information on landfills)
  • British Aggregates Association v HM Treasury [2013] EWCA Civ 720 (EU law challenge to the aggregates levy as environmental State aid)
  • R (Spelthorne BC) v. Environment Agency (2013) (variation of environmental permit for waste incinerator to add anaerobic digestion plant, CHP and gasification plant)
  • R (European Metal Recycling) v Environment Agency [2012] EWHC 2361 (Admin) (Environmental Permitting Regulations – regulation of noise pollution)
  • R (ATH Resources plc) v Secretary of State for Energy & Climate Change and others (2012) (challenge to the CRC Energy Efficiency Scheme Order and Regulations)
  • R (Midland Oil Refinery Ltd) v Environment Agency (2012) (challenge to suspension of environmental permit to operate an oil refinery)
  • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606 (timing of exemptions in FOIA / environmental information proceedings)
  • Barry & Vale Friends of the Earth v Environment Agency (2011) (challenge to decision to grant an environmental permit for an energy from waste facility)
  • R (Charlesworth) v Environment Agency & INEOS (2011) (challenge to decision to grant environmental permit to operate an energy from waste facility / need for greenhouse gas emissions permit)
  • R (Grundon Waste Management) v Environment Agency (2011) (challenge to enforcement action in relation to dust incidents at a hazardous waste landfill)
  • R (Yates–Taylor) v Environment Agency & Ors [2010] EWHC 3038 (Admin) (Environmental Permitting Regulations – greenhouse gas emissions – persistent organic pollutants – incineration)
  • Bath and North East Somerset Council v IC [2010] UKFTT EA/2010/0045 (disclosure of planning viability assessments – commercial confidentiality – World heritage site)
  • R (Coedbach Action Team Ltd) v Secretary of State for Energy and Climate Change [2010] EWHC 2312 (Admin) (challenge to consent for biomass–fuelled generating station / access to justice and protective costs)
  • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin) (producer responsibility – waste electrical and electronic equipment)
  • BIFFA Waste Services v Environment Agency (2009) (statutory appeal against refusal of approval under Waste Electrical and Electronic Equipment Regulations)
Information Law

‘Practises extensively in this field, and also has a strong EU and public law practice. He represents both public and private bodies on a range of issues including the scope of ‘late exemptions’ under the legislation. He also advises on requests made to government bodies for information. “Gerry did a stunning job for us. He hit the issues on the head. He is remarkable – I can’t recommend him highly enough.”… “He has been brilliant whenever we have worked with him. In court he is persuasive and clear; he uses straightforward language and presents his case very clearly.”… “Mr Facenna has a complete familiarity with the relevant law; he is a real expert, has clear drafting skills and takes a practical approach to the litigation. He is also easy to work with.” Chambers UK, 2014

an expert in the field, with a comprehensive knowledge of the relevant case lawLegal 500, 2013

Gerry has appeared in around forty cases before the specialist information rights tribunal and in a number of related cases in the High Court and Court of Appeal. He acts for public bodies, for the Information Commissioner and for information requesters. He is a contributing author to the leading practitioner text Information Rights: Law and Practice (Hart, 2014).

As a member of the Treasury Solicitor’s Freedom of Information Panel, Gerry has at one time or another acted for almost every government department, including in several appeals for BIS, the Cabinet Office, the MoD, DEFRA, the Foreign Office, the Home Office, and the Ministry of Justice. He has also advised a range of other public bodies on information law and data protection issues, including the Environment Agency, the Legal Services Commission, the House of Lords Appointments Commission, the Children’s Commissioner, the Equality and Human Rights Commission and the Office of Government Commerce, as well as other regulators and local authorities.

He continues to act in high profile cases for the Information Commissioner, particularly in appeals involving complex commercial information, EU law or environmental information. He also regularly advises those seeking information from public bodies, including individuals, campaigning groups and businesses. Current or former clients include the Campaign for Clean Air in London, T-Mobile/Everything Everywhere, Platform London, Ryanair, Rights & Accountability in Development, Animal Defenders International and Request Initiative, as well as number of individuals.

Gerry is an expert on the Data Protection Act 1998 and has assisted a number of businesses and public bodies in connection with leaks of personal data or other breaches of the Act, including in the context of investigations by the Information Commissioner.

Current / recent work

  • Southwark Council & Lend Lease v IC [2014] UKUT (disclosure of planning viability assessments – social housing obligations – commercial confidentiality – Aarhus Convention rights)
  • Browning v Department for Business, Innovation and Skills [2013] UKUT 0236, pending Court of Appeal (use of closed evidence in information tribunals)
  • Peninsula Business Services v Ministry of Justice & IC, pending (access to information provided to courts and tribunals, meaning of s. 32 FOIA)
  • SI Green Ltd v Swansea Friends of the Earth & Environment Agency [2013] UKUT 473 (environmental information – disclosure of financial information relation to landfills)
  • Ryanair Holdings plc v Office of Fair Trading and IC [2012] UKFTT [EA/2012/0088] (information relating to OFT investigation of Ryanair/Aer Lingus merger – international relations; law enforcement; legal professional privilege)
  • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606 (timing of exemptions in FOIA / environmental information proceedings)
  • Greenwood & Bolton Council v Information Commissioner [2011] UKFTT (disclosure of local councillors’ declarations of interest / personal data)
  • T–250/08 Batchelor v Commission (2011) (access to information relating to Directive 89/552/EEC on television broadcasting activities)
  • Foreign & Commonwealth Office v FCO [2011] UKFTT (leaked diplomatic correspondence – law enforcement exemptions)
  • YB v Serious Organised Crime Agency (2011) (challenge to processing of personal data by SOCA and Interpol in connection with a challenged Interpol red notice)
  • Bath and North East Somerset Council v IC [2010] UKFTT EA/2010/0045 (disclosure of planning viability assessments – commercial confidentiality – World heritage site)
  • Cabinet Office v Information Commissioner [2010] UKFTT (FOIA – Disclosure of Cabinet Minutes; collective responsibility)
  • Bellamy v Information Commissioner & BIS [2010] UKFTT (section 42 FOIA / legal professional privilege)
  • R (Home Office & Ministry of Justice) v Information Commissioner [2009] EWHC 1611 (Admin.) (‘meta-requests’ for underlying FOIA data)
What the Directories Say

Under Public & Administrative Law: Specialises in public law matters concerning the environment, equality and discrimination. He also handles commercial and regulatory cases. “He can master material, his pleadings are first-class, and he is incredibly reliable.” “He is great with clients and his knowledge of public law issues is comprehensive.”Chambers UK, 2014

Under Data Protection: Practises extensively in this field, and also has a strong EU and public law practice. He represents both public and private bodies on a range of issues including the scope of ‘late exemptions’ under the legislation. He also advises on requests made to government bodies for information. “Gerry did a stunning job for us. He hit the issues on the head. He is remarkable – I can’t recommend him highly enough.” “He has been brilliant whenever we have worked with him. In court he is persuasive and clear; he uses straightforward language and presents his case very clearly.” “Mr Facenna has a complete familiarity with the relevant law; he is a real expert, has clear drafting skills and takes a practical approach to the litigation. He is also easy to work with.”Chambers UK, 2014

Under Environment Law: A well-regarded junior with a broad public law practice that encompasses environment law challenges. “He has a very genial approach but you have to be careful because he is much more ruthless than he lets on,” one peer commented. Chambers UK, 2014

Under European Law: Has a vast amount of experience spanning the breadth of EU law. Has recently acted on a range of cases touching on free movement rights, discrimination questions and various tax levy issues. “Totally brilliant at European law and lovely to work with.”Chambers UK, 2014

Gerry Facenna is ‘an expert in the field, with a comprehensive knowledge of the relevant case law’, and ‘presents clear and compelling arguments for his clients’.”  He is recommended as a leading Junior in Data Protection Law. Legal 500, 2013

“The ‘diligent’ Gerry Facenna” , is a recommended leading Junior under Administrative & Public Law. Legal 500, 2013

Gerry Facenna is recommended as a leading Junior in Environmental Law. Legal 500, 2013

“Gerry Facenna is highlighted by sources for the large volume of work he has recently been undertaking in the environmental sphere. Peers say that he is “highly knowledgeable and very creative in his submissions.”” Chambers UK, 2013

“Gerry Facenna “is strong and he knows his stuff” when handling public law and judicial review. His public law practice is a little wider than is common at Monckton, and he is actively instructed by traditional general public law claimant solicitors, as well as those working with large corporate entities.” Chambers UK, 2013

Under Administrative and Public Law “Gerry Facenna is ‘a leading junior in public law matters’.” – Legal 500, 2012

Under Environment Law: “Gerry Facenna is ‘a good public law adviser’ who specialises in all aspects of EU environmental law.” – Legal 500, 2012

Gerry Facenna is recommended as a leading junior in Environment Law. Legal 500, 2012

“Gerry Facenna has a fine public law practice with a heavy emphasis on EU law. “Very focused in all he does and always working to a high standard,” he recently demonstrated his skills in a case before the European Court of Justice. He has also been involved in a high-profile Information Tribunal case on behalf of the Cabinet Office.” – Chambers UK, 2012

Environment: “Gerry Facenna is singled out for his “personable manner” and “ability to be both swift and yet careful in his approach.” He is highly regarded for his expertise in EU environmental law and also continues to win praise for his work on behalf of regulators. Examples of his work include representing the Environment Agency in a judicial review by a campaigning group challenging the UK’s implementation of the Environmental Information Directive and EU regulation on persistent organic pollutants. Peers further describe Facenna as being “a sound, focused and highly creative advocate.”” -Chambers UK, 2012

Consumer and Product Liability recommends Gerry Facenna. Legal 500, 2011

Environment states that Monckton Chambers’ Gerry Facenna is “‘exceptionally bright, approachable and willing to go the extra mile to find a solution’.”Legal 500, 2011

“Gerry Facenna “does a superb job” in public law cases, and has extensive discrimination and European law expertise. He was recently led by Dinah Rose QC in R (Lunt & Allied Vehicles) v Liverpool, a significant test case on the positive equality duty under the Disability Discrimination Act.” Public & Administrative Law, Chambers UK, 2011

“Gerry Facenna’s reputation as “an excellent and developing young advocate” is on the rise. He is particularly commended for his work on behalf of regulators.” Environmental Law, Chambers UK, 2011

Additional information

Gerry has degrees in law from Cambridge University and Edinburgh University. Before commencing practice at the Bar he worked at the Australian Human Rights and Equal Opportunity Commission and at JUSTICE.  He was called to the Scottish Bar in 2006.

He was a member of the Executive Committee of the Human Rights Lawyers Association between 2003 and 2012 and now sits on the Executive Committee of the Bar European Group. He is a member of the Attorney General’s ‘B’ Panel of Junior Counsel to the Crown, the Treasury Solicitor’s Freedom of Information Panel and the Equality and Human Rights Commission’s Panel of Counsel. He is registered under the Bar Council Public Access Scheme.

Gerry is a contributing author to Information Rights: Law and Practice (Hart, 2014); Halsbury’s Laws of England: Rights and Freedoms (LexisNexis, 2013); EU Competition Law: Procedures and Remedies (OUP, 2006); The Law of State Aid in the European Union (OUP, 2004); and The Law of the European Union Encyclopaedia (OUP, 2003). He has also contributed articles to the European Human Rights Law Review, De Voil’s Indirect Tax Intelligence, the Discrimination Law Association Briefing, and the Competition Law Journal.

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