Elizabeth Kelsey

Call 2010
Education

BA (Hons, Jurisprudence) (Oxon) First Class, BCL (Oxon), MSci (Hons, Physics) (Imperial) First Class

Contact

+44 (0)20 7405 7211

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Since completing pupillage in 2012 Elizabeth has developed a broad practice with expertise and experience across Chambers’ specialist areas. Smart, dedicated and professional, Elizabeth works well on her own or as part of a counsel team.

Elizabeth has experience appearing in a variety of courts and tribunals, including the High Court. She has particular expertise in the fields of information law, energy regulation and public/EU law. She is a contributor to Sweet & Maxwell’s Human Rights Law Reports.

Prior to coming to the Bar, Elizabeth studied both law and physics to masters level, and holds first class degrees in both disciplines.

 

  • Freedom of Information and Data Protection

    Elizabeth is regularly instructed in the fields of freedom of information and data protection, in both litigation and advisory contexts.  Notable recent cases include:

    • Willow v Information Commissioner & Ministry of Justice [2016] UKUT 0157 (AAC), appeal to the Upper Tribunal concerning the application of s.31(1)(f) FOIA.  Elizabeth appeared for the Information Commissioner, by whom she is routinely instructed in appeals brought under FOIA and the Environmental Information Regulations;
    • John Pring v Information Commissioner & Department for Work and Pensions EA/2015/0237, concerning the application of s.44 FOIA and s.123 Social Security and Administration Act 1992;
    • Brendan Montague v Information Commissioner & Tate Gallery EA/20140040 & 0070-71, concerning the application of ss.36, 41 & 43(2) FOIA.
  • Public Law, including Human Rights

    Elizabeth is regularly instructed in matters involving public law in a wide range of contexts, both advisory and litigation. Notable cases include United Kingdom Association of Fish Producer Organisations v Secretary of State for Environment, Food and Rural Affairs [2013] EWHC 1959 (Admin) in which Elizabeth was instructed as Junior Counsel for Greenpeace, intervening in a judicial review action raising complex questions of public law (legitimate expectation) and human rights (Article 1 Protocol 1 ECHR).

    During pupillage Elizabeth assisted in R v Environment Agency ex parte European Metal Recycling Ltd [2012] EWHC 2361 (as pupil to Gerry Facenna), concerning the application and interpretation of the Environmental Permitting Regulations 2010, and advised across a wide range of areas including:

    • on the extra-territorial application of the ECHR following the decision of the Strasbourg court in Al- Skeini v UK;
    • on application to the European Court of Human Rights concerning the Article 10 right to freedom of expression;
    • on potential judicial review under the National Health Service Act 2006;
    • on the application of social security schemes to employed persons moving within the community.
  • EU Law

    Elizabeth has extensive experience advising on EU law issues in a wide range of contexts, including electricity regulation, VAT, and judicial review. Specific experience includes advisory work on free movement, issues surrounding internet sales, and the compatibility of member state legislation on the authorization of electronic communications networks and services (2002/20/EC).

  • Utilities Regulation

    On completion of her pupillage Elizabeth was seconded to Ofgem and has garnered extensive experience, in particular in the field of electricity licensing and regulation. She is regularly instructed to advise on a wide range of issues involving both domestic and EU law.

  • Competition

    Elizabeth is regularly instructed in her own right to advise on competition law issues.  She has particular experience in regard to:

    • the application of Chapter I/Article 101 to various types of horizontal agreements, including commercialisation agreements;
    • vertical agreements, including franchise agreements;
    • specific ‘hard core’ restrictions, including resale price maintenance.

    Elizabeth also gained extensive experience in this area during her pupillage.  Notable work includes:

    • Nokia Corp v AU Optronics Corp [2012] EWHC 731 (Ch) (as pupil to Paul Harris QC) – strike out and summary judgment application in cartel damages action;
    • Scottish and Northern Irish Minsters v Reckitt Benckiser (as pupil to Paul Harris QC) – follow-on and stand alone damages actions in the pharmaceutical sector;
    • Toshiba Carrier UK Ltd v KMW Yorkshire Ltd [2012] EWCA Civ 1190 and [2011] EWHC 2665 (Ch), in the High Court and Court of Appeal – assisted Jon Turner QC as a pupil in a case raising important questions of parent and subsidiary liability in the context of competition law damages actions.

     

  • Procurement

    Elizabeth has considerable experience in the field of procurement law, in both litigation and advisory contexts. Specific experience includes procurement issues in the context of contract variation, and application of the ‘Teckal’ exemption.

  • VAT

    Elizabeth is frequently instructed in cases before the tribunals and courts.  Notable recent cases include:

    • SAE Education Ltd v Revenue and Customs Commissioners [2014] UKFTT 218 (TC), [2016] UKUT 193 (TCC) concerning the university education exemption;
    • Finance and Business Training Ltd v Revenue and Customs Commissioners [2016] EWCA Civ 7 concerning the education exemption and interpretation of art.132(1)(i) PVD;
    • DPAS Ltd v Revenue and Customs Commissioners [2013] UKFTT 676 (TC), concerning the exemption for payment handling services contained in Art. 135(1)(d) PVD.
  • Additional Information, Publications and Professional Memberships

    Education & Prizes

    • MSc Physics, Imperial College London, 2001-2005 (First Class)
    • Erasmus Scholar, Università degli Studi di Padova, 2003- 2004
    • BA Jurisprudence, University of Oxford, 2005-2008 (First Class)
    • Bar Vocational Course, BPP Law School, London, 2009-2010 (Very Competent)
    • Gray’s Inn Prince of Wales Scholarship
    • Gray’s Inn Du Cann Memorial Prize for Mooting, 2010
    • BCL, University of Oxford, 2010-2011
    • Gray’s Inn Reid Scholarship, 2011-2012
    • Bar European Group Scholar, 2012

    Publications
    Elizabeth is a contributor to Sweet & Maxwell’s Human Rights Law Reports.

    Professional Memberships
    Elizabeth is a member of ALBA and the Bar European Group.

    Languages
    Italian

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