Alfred Artley

Call: 2018

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Contact Alfred Artley

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    Education

    MA (Oxon), GDL

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    Introduction

    Alfred has a busy practice spanning public procurement, competition,  regulatory, and general commercial law. He is regularly instructed by a range of government, corporate and private clients on significant pieces of litigation, as well as in an advisory capacity. He is a member of the Attorney General’s C Panel, and is ranked as a ‘rising star’ in public procurement by Legal 500, while Chambers UK 2023 describes him as “the junior counsel of his call that everyone wants on their team”. Alfred enjoys working as part of team, often acting as a junior alongside more senior members of Chambers, but also regularly receives instructions as sole counsel.

    Highlights of recent work include:

    • Acting for an offshore life assurance company in two substantial group actions involving allegations of misrepresentation, breach of duty, and dishonest assistance in breach of fiduciary duty (led by William Buck).
    • Acting for a former director in a shareholder dispute in the High Court (as sole counsel).
    • Advising a major energy supplier in relation to issues of Ofgem regulation (led by Josh Holmes KC).
    • Acting for Generics UK in follow-on proceedings in the CAT relating to ‘pay for delay’ agreements concerning citalopram.
    • Advising British Airways in relation to the Civil Aviation Authority’s price control decision for Heathrow Airport.
    • Acting for Siemens in a high-profile challenge to the rolling stock procurement for HS2 (led by Fionnuala McCredie KC).
    • Three-week Commercial Court trial involving allegations of breach of fiduciary duty and fraud following a management buyout (led by William Buck).
    • Acting for the claimant in a high-value standalone competition damages claim against one of the world’s largest toy companies (led by Ronit Kreisberger KC).
    • News
    • Public procurement

      Alfred has extensive procurement litigation experience on both the claimant and defendant sides, and has also acted in an advisory capacity to a number of government clients.

      Cases

      • Mitie v MOJ: acting for the claimant in three parallel claims concerning the mini-competition under the Prison Operator Services Framework to run HMP Altcourse (led by Ewan West).
      • Optima v DWP: acting for the defendant in a challenge concerning a call-off contract for occupational health and employee assistance programme services (led by Azeem Suterwalla).
      • Siemens v HS2: acting for the claimant in a high-profile challenge to the rolling stock procurement for the UK’s flagship new high-speed rail line, consolidating five separate Part 7 claims and three JRs (led by Fionnuala McCredie KC and Fiona Banks).
      • R (Good Law Project) v Secretary of State for Health: acting for the Secretary of State in relation to challenges to the award of PPE contracts worth hundreds of million pounds to three companies (Pestfix, Clandeboye and Ayanda Capital) without competition during the early stages of the pandemic, using the ‘emergency’ procurement procedure under PCR 2015 Regulation 32(2)(c) (led by Michael Bowsher KC and Ewan West). The proceedings were one of The Lawyer’s “Top 20 cases for 2021”, and received widespread media attention as well as coverage in Parliament (see, for example, BBC, Guardian).
      • R (Good Law Project) v Secretary of State for Health: transparency challenge in relation to the non-publication of the awards of billions of pounds of Covid-related contracts by DHSC (led by Philip Moser KC and Ewan West).
      • R (Good Law Project) v Minister for the Cabinet Office: politically sensitive challenge to the direct award of a contract for focus groups to a company run by friends of the Prime Minister’s former adviser Dominic Cummings, involving allegations of apparent bias (see Guardian).
      • Alstom v Network Rail: challenge to the award of a single supplier framework agreement for the delivery of a digital train control system on the East Coast Main Line (led by Philip Moser KC and Stephen Kosmin).
      • 2019 Rail Franchising Litigation (led by Rhodri Thompson KC and Fionnuala McCredie KC): complex multi-party litigation involving a number of disqualified bidders’ challenges to three rail franchise competitions (one of The Lawyer’s “Top 20 cases for 2020”). Alfred appeared as junior counsel in the Court of Appeal and subsequently in a three-week TCC trial.
      • Live Nation v Royal Parks: acting for the Claimant in a challenge to the award of the Hyde Park Music Festival contract to AEG (led by Fionnula McCredie KC)
    • Competition

      Alfred has received a number of significant competition instructions, and has particular experience of matters with a pharmaceutical/regulatory angle. As well as assisting more senior members of Chambers as a junior, he is also regularly instructed in his own right in an advisory capacity, both in relation to allegations of anti-competitive conduct and mergers.

      Cases

      • Secretary of State for Health and Social Care & Others v Lundbeck Limited & Others: acting for Generics UK in follow-on proceedings in the CAT relating to ‘pay for delay’ agreements concerning citalopram.
      • Cabo v MGA: standalone competition damages/IP claim against MGA, the world’s largest privately owned toy company, relating to MGA’s best-selling range of LOL Surprise! Dolls (led by Ronit Kreisberger KC).
      • Advising a substantial private company in relation to a proposed merger with a competitor (as sole counsel).
      • Pre-action advice in relation to alleged anti-competitive agreements coordinated by a trade organization (as sole counsel).
      • Advising a healthcare company in relation to a potential abuse of dominance claim.
    • Commercial law

      Alfred has a thriving commercial practice, both as sole counsel and assisting more senior members of Chambers’ commercial group. He has particular experience of matters with a corporate finance aspect, and is comfortable with the more complex quantitative aspects of litigation.

      He has frequently appeared as an advocate in County Court proceedings, in particular involving breach of contract matters and compensation claims under EU Regulation 261/2004.

      Alfred participates regularly in the Chancery Bar Litigant in Person Support Scheme (CLIPS), providing pro bono representation to litigants in person in the Chancery interim applications list, and also assisted Steven Gee KC with the new edition of Gee on Injunctions.

      Cases

      • Dickinson & ors v Utmost International, Morrison & ors v Utmost International: acting for a major offshore life assurance company, in two parallel group actions in the Isle of Man High Court brought by policyholders concerning allegations of misrepresentation, breach of duty, and dishonest assistance in breach of fiduciary duty (led by William Buck).
      • Acting for a former director in a shareholder dispute in the High Court (as sole counsel).
      • Contis v Hi Technologies: appeared as sole counsel in the High Court in a high value breach of contract claim against an Estonian financial services company.
      • Counsel to a South African mining company in LCIA arbitration proceedings concerning an offtake agreement.
      • Seeking an interim anti-harassment injunction in the High Court (acting pro bono under the Chancery Bar Litigant in Person Support Scheme).
      • Kelly v Baker and Braid: high-value breach of fiduciary duty/fraudulent misrepresentation claim in the Commercial Court following the management buyout of a leading West Midlands-based demolition and land remediation firm (led by William Buck): three-week trial before Cockerill J in May 2022.
      • LA Micro Group (UK) Ltd v LA Micro Group Inc [2020] EWHC 1405 (Ch): shareholder dispute over the beneficial ownership of an IT company, involving parallel proceedings in the US. Alfred acted for one of the defendants in a jurisdiction challenge (led by Thomas Sebastian).
      • Securing urgent interim relief and a freezing injunction in a contractual dispute relating to the construction of a submarine (led by Gregory Pipe).
    • Regulatory

      Alfred is developing a growing specialism in regulatory law, particularly in the energy sector:

      Cases

      • Advising a major energy supplier in relation to compliance with Ofgem Standard Licence Conditions (led by Josh Holmes KC).
      • Advising a not-for-profit company on a potential claim against its energy brokers (as sole counsel).
      • Advising a major energy supplier in relation to an Ofgem compliance investigation (led by Josh Holmes KC).
      • Advising British Airways in relation to the Civil Aviation Authority’s price control decision for Heathrow Airport.
      • Advising a ‘big six’ energy supplier on potential judicial review proceedings challenging an Ofgem decision.
    • Administrative & public

      Alfred has extensive experience of judicial review proceedings in the public procurement context, and has been instructed in a number of other commercial JR claims.

      Cases

      • R (Dover Harbour Board) v Minister for the Cabinet Office and Secretary of State for Transport: acting for the Defendants in a challenge to the funding allocated to Dover under the Port Infrastructure Fund for work on facilities needed as part of the Government’s post-Brexit Border Operating Model.
      • Siemens v HS2: high-profile challenge to the rolling stock procurement for the UK’s flagship new high-speed rail line, consolidating five separate Part 7 claims and three JRs.
      • R (Good Law Project) v Minister for the Cabinet Office: politically sensitive challenge to the direct award of a contract for focus groups to a company run by friends of the Prime Minister’s former adviser, involving allegations of apparent bias (see Guardian).
      • R (Good Law Project) v Secretary of State for Health: transparency challenge in relation to the non-publication of the awards of billions of pounds of Covid-related contracts by DHSC.
      • 2019 Rail Franchising Litigation (led by Rhodri Thompson KC and Fionnuala McCredie KC): complex multi-party litigation involving a number of disqualified bidders’ challenges to three rail franchise competitions (one of The Lawyer’s “Top 20 cases for 2020”). Alfred appeared as junior counsel in the Court of Appeal, where the principle of procedural exclusivity and whether the underlying claim was properly a ‘public law challenge’ were central issues.
    • EU

      Alfred has a particular interest in EU matters. Much of his work has a retained EU law angle, and he has been instructed in proceedings before the Luxembourg Courts both before and after the end of Brexit transition period.

      As well as contributing to the EU Relations Law blog, he has co-authored two articles on the Northern Ireland Protocol for the Tax Journal (with George Peretz KC).

      Cases

      • Testbiotech eV v Commission: a challenge to a GM marketing authorisation granted by the European Commission (led by Kassie Smith KC) (see news article).
      • Symphony Environmental v Commission, Parliament and Council: damages claim under Article 340 TFEU brought by the leading manufacturer of oxo-biodegradable plastic following the adoption of the Single Use Plastics Directive (2019/204).
    • Additional Information

      Before coming to the bar, Alfred spent four years teaching Classics at Winchester College. His commentary on Ovid Amores II was published by Bloomsbury Academic in 2018.

      Education

      • BPTC, BPP London (2018): Outstanding (ranked top five in year)
      • GDL, Oxford Brookes University (2017): Distinction (ranked first in year)
      • BA Literae Humaniores, Merton College, Oxford (2012): Double First

      Scholarships and prizes

      • Lord Denning Scholarship, Hardwicke Entrance Award, Buchanan Prize, Megarry Scholarship (Lincoln’s Inn)
      • BPP Excellence Award
      • Oxford University Press Prize for highest Distinction on GDL; Oxford Brookes University GDL Scholarship
      • Postmaster (Merton College scholarship)

      Languages

      • French (advanced)
      • German (basic)
    • What the directories say

      Up and Coming in Public Procurement: “He is fantastic and beyond his years, he is excellent.” “Alfred is excellent, incredibly bright, punches above his weight and produces quality work.” “He is clever, has good judgement, brilliant on detail and drafting and one of my go-to barristers.” – Chambers UK, 2024

      Rising Star in Public Procurement: “Alfred has excellent judgement. A helpful and conscientious junior.” – Legal 500, 2024

      Up and Coming in Public Procurement: “Well beyond his call in terms of judgement, he’s a really good team player, who drafts beautifully.” “The junior counsel of his call that everyone wants on their team, he is phenomenally bright and very diligent.” – Chambers UK, 2023

      Rising Star in Public Procurement: “Alfred brings real intellectual firepower to any matter.” – Legal 500, 2023

    • Publications
      • ‘Legality of mandatory supplier assurance schemes under competition law: Achilles Information Ltd v Network Rail Infrastructure Ltd (Case Comment)’, Public Procurement Law Review (2020) 1 NA19-NA23
      •  ‘Achilles Information Limited v Network Rail Infrastructure Limited [2019] CAT 20’, Corporate Briefing (2019), Oct, 3-8
      •  ‘Permanent exclusion from school, the case for radical reform’, Education Law Monitor (2018), Aug/Sep, 8-11

      Case notes

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