Fiona Banks

Call: 2006

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    Education

    MA (Hons) Cambridge (Double First)

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    Introduction

    “Fiona is one of the best juniors we have worked with.”  “Fiona is exceptionally bright and sees straight to the heart of the matter.” “She is very hard-working and a very good advocate.” – Chambers UK, 2024

    “She has mastery over the details and her advice to clients is first-rate.” – Legal 500, 2024

    “Fiona is an outstanding lawyer. Technically excellent and extremely thorough.” – Legal 500, 2023

    “She is a very bright barrister and has the intellectual horsepower to handle anything. She has the ability to really get into the details when there are very complex issues and can really cut to the heart of the analysis.” – Chambers UK, 2022

    “Very hard-working, very able and someone who exercises very good judgement.” “She is a class act and produces work of excellent quality.” – Chambers UK, 2022

    ‘‘She is razor sharp and has excellent judgement in the court and with the client.’’ – Legal 500, 2021

    ‘‘Focused, committed and hardworking team player. Tenacious advocate in court. A first-class brain and her analysis of the law is also first-class.’’ – Legal 500, 2021

    ‘‘A robust and forceful practitioner. She is very good in competition law-related matters.’’ – Legal 500, 2021

    “An expert in the field,” who “has a lot of experience and is good to work with.” “She is very accurate in all she does and works hard at the detail. Her drafting is good and she knows how to handle complex issues.” – Chambers UK, 2021

    “She is a thoroughly good barrister and easy to work with.” “A very impressive advocate.”  Chambers UK, 2021

    “A really bright and energetic junior.” “She is astute, provides excellent drafting and is very responsive, so it’s been a pleasure to have her in the team.” “Banks is incredibly user-friendly, diligent and thorough in going through material.”  Chambers UK, 2021

    Fiona is an experienced commercial litigator, consistently ranked as a leading junior by the legal directories with a well-established practice in Competition, Commercial, Public Procurement, Telecommunications and Sports law.

    As a competition law practitioner, Fiona regularly acts in heavy weight competition litigation, acting for both Claimants (such as Ryder in its pursuit of its Trucks Cartel damages claim) and Defendants (for example, Prysmian in its defence of damages claims arising from the Commission’s power cables decision). In the field of collective actions, Fiona appeared in Gutmann v LSER and ors in the Court of Appeal (2022); and acts for Alex Neill Class Representative Limited in a multi-billion pound claim brought against Sony relating to the creation and operation of the PlayStation ecosystem (which was recently certified, including the CAT’s first consideration of funding arrangements post PACCAR).

    Fiona has a broad procurement law practice, in respect of which she regularly acts for Claimants, Defendants and Interveners, appearing both led and unled. Fiona recently appeared for Siemens in its challenge to the procurement of rolling stock for the HS2 railway. She has extensive experience of claims involving automatic suspensions and other injunctive relief; together with issues relating to the protection of confidential information and disclosure arising in the context of ongoing procurement litigation.

    Fiona’s sports practice is broad, both in terms of the number of sports her cases cover (such as boxing and rowing) but also the range of different participants and legal issues.  She has appeared in numerous anti-doping cases and she is regularly involved in Formula One disputes, having appeared on multiple occasions before the International Court of Arbitration. Her football practice extends not only to acting on behalf of football clubs but also agents, players, regulatory bodies and those involved in sports broadcasting rights.  Fiona is currently acting in respect of sizeable football disciplinary proceedings.

    She frequently appears as an advocate in her own right but also works very well as a highly valued junior in larger cases. She can accept instructions directly from clients, being direct access qualified.

    Before joining Monckton Chambers, Fiona was a trainee solicitor and qualified at Freshfields Bruckhaus Deringer, giving her an insight into the needs of solicitors throughout the litigation process.

    • News
    • Public procurement

      Ranked in Chambers and Partners, Legal 500 and Who’s Who Legal, Fiona has extensive experience in procurement law and regularly acts for both private contractors and contracting authorities, across a range of sectors, including construction, healthcare, financial services, education, energy, defence, sport, transport and waste management. Widely recognised for her attention to detail, Fiona regularly acts in respect of disputes relating to highly complex and technical procurements.  Some of her recent work is listed below, including Siemens’ challenge to HS2’s procurement of rolling stock and the rail franchise challenges, in which she successfully acted for the Department of Transport in defence of the claims brought by Stagecoach and others.  She acted in one of the few cases where an application to lift the automatic suspension was successfully resisted (Counted 4).

      Outside of the court room, Fiona represents clients at mediation and enjoys acting to bring about settlements that avoid the risk and cost of litigation.

      In addition, Fiona has an extensive advisory practice and has repeatedly advised not only on challenges to ongoing procurements but also on the ability of contracting authorities to vary existing public contracts and the application of the procurement regime (including the Concessions Contract Regulations 2016) to quasi-public bodies.

      Cases

      • Siemens Mobility v HS2 Ltd. [2023] EWHC 2768 (TCC) (acting for Claimant – challenge to HS2’s rolling stock procurement)
      • Siemens Mobility v HS2 Ltd. [2022] EWHC 2451 (TCC)
      • Siemens Mobility v HS2 Ltd. [2022] EWHC 2190 (TCC)
      • Draeger Safety UK Ltd v The London Fire Commissioner [2021] EWHC 2221 (TCC) (acting for Claimant – application to lift)
      • Stagecoach and ors v The Department of Transport [2020] EWHC 1568 (TCC) (acting for the Defendant – rail franchise litigation)
      • Viasat v Ofcom [2020] EWCA Civ 624; [2018] CAT 18 (acting for Claimant)
      • Secretary of State for Transport v Arriva and ors [2019] EWCA Civ 2259 (acting for Defendant)
      • Mediterranean Hospital v the Ministry of Defence (TCC, High Court, representing the Claimant) [2018] EWHC 3289 (TCC) (acting for Claimant)
      • Joseph Gleave v Ministry of Defence [2017] EWHC 238 (TCC) (acting for Claimant)
      • Acting for Defendant contracting authority in High Court claim challenging call-off pursuant to a framework agreement (2017)
      • Acting for Defendant contracting authority in High Court claim (2016/7 – settled post pleadings)
      • Counted4 Community Interest Co v Sunderland City Council [2015] (High Court; acting for Claimant successfully resisting application to lift)
      • Photo-Me International Plc v Network Rail Infrastructure Limited [2011] EWHC 3168 (QB)(acting for Claimant, strike out application; services concession)
      • Amaryllis -v- OGC Buying Solutions – (High Court damages claim arising out of the alleged breaches of the Public Contract Regulations 2006)
      • Enterprise plc -v- Liverpool Mutual Homes (High Court dispute raising important conceptual legal issues about the approach to awarding framework contracts
      • Contributor to “Public Procurement Law: Damages as an Effective Remedy ” (Hart, 2011)
    • Competition

      Fiona is recognised by the directories as a leading junior in competition law. She has extensive expertise in competition law damages claims, both follow-on and standalone claims. She is currently acting in a number of private law damages actions, for both Claimants and Defendants, and regularly advises both private clients and regulators on a wide range of competition law issues.

      In the specific field of collective actions, Fiona has been involved in a number of collective proceedings, most notably appearing in Gutmann v LSER and ors in the Court of Appeal (2022); and she acts for Alex Neill Class Representative Limited in a multi-billion pound claim brought against Sony relating to the creation and operation of the PlayStation ecosystem (which was recently certified, including the CAT’s first consideration of funding arrangements post PACCAR).

      Fiona’s considerable experience in competition litigation is not limited to the CAT and the High Court, having also acted in the context of a number of international arbitrations involving competition and regulatory issues.

      Cases

      • Alex Neill Class Representative Limited v Sont Interactive Entertainment Europe Limited [2023] CAT 73 (CAT, acting for class representative, abuse of dominance claim)
      • London & South Eastern Railway Ltd & Ors v Gutmann [2022] EWCA Civ 1077
      • Allianz Global Investors & ors v Deutsche Bank and ors (“FX2”) (acted for Defendant; alleged foreign exchange manipulation)
      • Ryder Limited and ano v MAN SE and ors (CAT, represented the Claimant)
      • Dune Group Limited and ors v Visa and Mastercard [2022] EWCA Civ 1278 (CAT, represented multiple Claimant merchants in interchange fee litigation)
      • Hermes & ors v Visa and Mastercard (High Court, represented multiple Claimant merhcants in interchange fee litigation)
      • National Grid Electricity Transmission Plc v ABB Ltd and ors; NKT Holding A/S and ors; Prysmian SPA and ors; Safran SA (CAT, represented Prysmian Defendants)
      • SP Power Systems Limited and ors v NKT Holding A/S and Ors, Prysmian SPA and ors (CAT, represented Prysmian Defendants)
      • Viasat v Ofcom [2020] EWCA Civ 624; [2018] CAT 18
      • Vattenfall AB and others v Prysmian SPA and others [2018] EWHC 1694 (Ch)
      • International gas arbitration raising Article 101 issues (2016)
      • Ecotricity v Tesla Inc.(2015 – High Court – alleged abuse of dominance)
      • Scottish Ministers/Department of Health, Social Services and Public Safety for Northern Ireland & Ors v Reckitt Benckiser (High Court – abuse of dominance/follow on claim – concerning supply of Gaviscon)
      • Aviva Insurance UK Ltd v Primary Insurance and Ors (2014 – High Court – debt claim, allegations of abuse of dominance, misrepresentation and duress)
      • Colt Technology Services v Ofcom [2013] CAT 29 (business connectivity passive access)
      • TalkTalk v Ofcom [2012] CAT 1 (CAT appeal: wholesale broadband access)
      • BSkyB v Ofcom [2012] CAT 20 (acted on behalf of The Football Association, The Football League, The European PGA Tour, The Rugby Football League and The Rugby Football Union in their intervention in respect of the appeals brought by The Premier League and others against the Ofcom Pay TV Decision)
      • Carphone Warehouse v Ofcom [2010] CAT 27 (reference to Competition Commission: local loop unbundling)
      • Plus Markets Plc v The London Stock Exchange (High Court – abuse of dominance)
      • The Number Ltd and Conduit Enterprises Ltd v Ofcom [2009] EWCA Civ 1360 (Court of Appeal – correct interpretation of the Universal Service Directive)
      • Rapture Television Plc v Ofcom [2008] CAT 6 (CAT appeal – Ofcom’s resolution of a dispute between Rapture and BSkyB regarding BSkyB’s provision of EPG services)
    • Telecommunications

      Fiona has particular strength in the telecommunications sector and is recognised in the legal directories for her expertise in the area. She has acted for both telecoms companies and regulators in regulatory investigations and disputes, appearing in appeals before the Competition Appeal Tribunal and Court of Appeal. She has a thorough knowledge of the EU Telecoms regime which she has developed across a variety of markets, including fixed and broadband markets. Given her expertise in public procurement and state aid, she is well placed to advise on the interaction of these areas of law.

      Her notable clients have included BT and OFCOM.

      Cases

      Recent cases include:

      • Viasat v Ofcom [2020] EWCA Civ 624
      • Viasat v Ofcom [2018] CAT 18
      • Advising in relation to BDUK tenders
      • BT Plc v Ofcom [2016] CAT 22
      • Colt Technology Services v Ofcom [2013] CAT 29 (business connectivity passive access)
      • WBA Charge Control Appeal (price control appeal)
      • WBA Charge Control Appeal (non-price appeal) [2012] CAT 1
      • FAPL v OFCOM; Sky v OFCOM; Virgin v OFCOM; BT v OFCOM [2012] CAT 20
      • Carphone Warehouse v Ofcom & BT (WLR/LLU Decisions) [2010] CAT 27
      • The Number v Ofcom [2008] CAT 33; appeal to Court of Appeal, [2009] EWCA Civ 1360
    • Commercial

      Fiona is regularly instructed in commercial matters, often involving international disputes, before both national courts and arbitral bodies.

      Cases

      • International gas arbitration (2016)
      • Ecotricity v Tesla Inc.(2015 – High Court – case involving allegations of breach of confidence, economic torts and abuse of dominance)
      • Aviva Insurance UK Ltd v Primary Insurance and Ors (2014 – High Court – debt claim, allegations of abuse of dominance, misrepresentation and duress)
      • Gestmin v Credit Suisse (UK) Limited, Credit Suisse Securities (Europe) Limited [2013] EWHC 3560 (High Court – breach of contract and negligence claim relating to alleged mis-selling of investments)
      • Norbrook Laboratories Limited and Ballyedmond v James Carr/John Garnett [2013] EWHC 476 (High Court – misconduct in unincorporated associations– breach of contract claim in the context of an unincorporated association)
      • Arbitration – dispute concerning international television rights.
      • AY Bank Limited v Monarch Airlines Limited (High Court – unjust enrichment claim)
      • BWFC v Kalivions (2009) (liability under an image rights agreement)
      • Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2009] EWCA 97 (Court of Appeal – interest, interpretation of Late Payment of Commercial Debts (Interest) Act 1998 and Supreme Court Act 1981)
    • Sport

      Listed as a leading junior in ‘Media, Entertainment and Sport’ in the Legal 500 since 2009 and recommended by Chambers UK (for Sport) and Who’s Who Legal (for Sport and Entertainment), Fiona has acted on behalf of national sports governing bodies, individual players, managers, clubs, event organisers and broadcasters in a variety of forum, including disciplinary, arbitral, High Court and CAT. The breadth of her practice is borne out by the number of different sports she has acted in respect of including football, golf, athletics, rugby league, rugby union, swimming, boxing, Formula 1, Formula E, cricket and cycling. Given her other specialisms, Fiona is well placed to advise on the interplay between sports law, competition law, telecommunications law and procurement law and has an extensive advisory practice alongside her litigation practice. In particular, Fiona has repeatedly advised in respect of dominance issues of governing bodies, salary caps, break-away leagues, funding mechanisms, home grown player requirements, doping, collective and exclusive broadcasting, licensing and valuation of rights and the application of the Concessions Regulations to sports event organisers.

      Fiona was also selected as one of 19 barristers specialising in sports law to participate in the London 2012 pro bono legal advice and representation service.

      Cases

      • Currently acting for football club in respect of football disciplinary proceedings
      • Axon v O’Keeffe (High Court – motor racing)
      • CAS 2021/A/8229 Leeds Union Football Club Ltd v RasenBallsport Leipzig GmbH
      • Acted for sponsor in F1 sponsorship dispute
      • Rugby union – salary cap dispute
      • League termination disputes related to Covid-19 issues
      • F1 car design disputes
      • Acted for Premier League club in agency dispute (2019)
      • Acted for manager of F1 racing driver in contractual dispute (2019)
      • Alfa Romeo v FIA (FIA ICA 2019 – relating to clutch control)
      • Safeguarding appeal in respect of decision of national governing body (arbitration – 2018)
      • G-Drive, TDS Racing (FIA ICA 2018; Le Mans challenge – refuelling)
      • Agency dispute (Arbitration – 2016)
      • Tony Pulis v Crystal Palace [2016] EWHC 2999 (Comm) and first instance arbitration (early 2016)
      • Dragon Racing v FIA (2016, FIA Tribunal – Formula E)
      • Olympic funding dispute (2014)
      • The United States Anti-Doping Agency v. Johan Bruyneel (represented Mr Bruyneel in anti-doping proceedings before the American Arbitration Association)
      • FIA v Mercedes/Pirelli (2013, FIA Tribunal – legality of in season tyre testing)
      • BSkyB v Ofcom [2012] CAT 20 (acted on behalf of The Football Association, The Football League, The European PGA Tour, The Rugby Football League and The Rugby Football Union in their intervention in respect of the appeals brought by The Premier League and others against the Ofcom Pay TV Decision)
      • Acted at arbitration in respect of a contractual dispute concerning sports broadcasting rights, on behalf of an international sports broadcaster
      • Upul Tharanga v International Cricket Council (anti-doping – decision of Independent Anti-Doping Tribunal
      • Orphee Ltd v Adebayor
      • Bolton Wanderers v Nicolas Anelka and others [2009] (High Court – image rights dispute)
      • Sheffield United FC v West Ham FC (2008)(FA Arbitration – compensation for relegation arising out of West Ham’s use of Carlos Tevez)
      • Walsh v UKAD (anti-doping – decision of NADP)
      • Mellor v UKAD (anti-doping – decision of NADP)
    • What the directories say

      Competition: She recalls it well, and does a very clear and good job of writing up arguments.” “Her attention to detail is superb, she is very impressive here.” “Fiona is an excellent senior junior.” “She is incredibly efficient and quickly grasps and identifies the key issues.” “Fiona is one of the best juniors we have worked with.” “Her no-nonsense approach is valuable.” “Fiona is exceptionally bright and sees straight to the heart of the matter.”  Chambers UK, 2024

      Public Procurement: She is very hard-working and a very good advocate.” “Fiona is a rising star.” “Hard-working, committed and puts in a commendable amount of effort. She has wonderful drafting skills and is a pleasure to work with.” – Chambers UK, 2024

      Sports: “Very easy to deal with, concise in her advice, and effective.”  Chambers UK, 2024

      Telecoms: “Great at submissions and excellent at recalling every little detail of the case.”  Chambers UK, 2024

      Leading junior in Public Procurement: “Fiona is an outstanding public procurement barrister. She has mastery over the details and her advice to clients is first-rate.” – Legal 500, 2024

      Leading junior in Sport – Legal 500, 2024

      Leading junior in Competition: “Fiona is incredibly organised and efficient. Not many junior counsel are as effective as her in terms of the speed and quality of output.”  – Legal 500, 2024

      Leading junior in Telecoms (regulatory) – Legal 500, 2024

      Competition: “She shows really good judgement on when to discuss things and when it might be an unnecessary cost for the client.”  Chambers UK and Chambers Global, 2023

      Public Procurement: “She is a very talented lawyer, who is realistic and in tune with what clients want to achieve.” “Extremely highly thought of, she’s very clever and good to work with.” – Chambers UK, 2023

      Sports: “She is very sensible, pragmatic and a considered barrister.”  Chambers UK, 2023

      Telecommunications: “She is a very bright barrister and has the intellectual horsepower to handle anything. She has the ability to really get into the details when there are very complex issues and can really cut to the heart of the analysis.” – Chambers UK, 2023

      Leading junior in Public Procurement: “Fiona is an outstanding lawyer. Technically excellent and extremely thorough.”Legal 500, 2023

      Leading junior in Sport: “Calm, clear, speedy and efficient.”Legal 500, 2023

      Leading junior in Competition – Legal 500, 2023

      Leading junior in Telecoms (regulatory) – Legal 500, 2023

      “Fiona Banks is “a very sensible and knowledgeable junior” who impresses sources with her expertise in anti-doping disputes.” – Sports, Who’s Who Legal UK Bar 2022

      “Fiona Banks is a renowned procurement expert in the healthcare, education, energy and construction sectors..” – Government Contracts, Who’s Who Legal UK Bar 2022

      Recommended in Telecoms, Who’s Who Legal UK Bar 2022

      Competition: “She is thorough, diligent and pleasant to work with. She knows when to be aggressive and when to compromise.” “Academic, diligent and clever.”  Chambers UK and Chambers Global, 2022

      Public Procurement: “Very hard-working, very able and someone who exercises very good judgement.” “She is a class act and produces work of excellent quality.” – Chambers UK, 2022

      Sports: “Her work is always clear and thorough, which gives you a huge amount of confidence.”  Chambers UK, 2022

      Telecommunications: “She is a very bright barrister and has the intellectual horsepower to handle anything. She has the ability to really get into the details when there are very complex issues and can really cut to the heart of the analysis.” – Chambers UK, 2022

      Leading junior in Competition – Legal 500, 2022

      Leading junior in Telecoms (regulatory): “Fiona is a brilliant barrister who distills complex information quickly and accurately and helps formulate strong pleadings and strategies.”Legal 500, 2022

      Leading junior in Public Procurement Legal 500, 2022

      Recommended in Sports, Who’s Who Legal UK Bar 2021

      Telecommunications: “An expert in the field,” who “has a lot of experience and is good to work with.” “She is very accurate in all she does and works hard at the detail. Her drafting is good and she knows how to handle complex issues.” – Chambers UK, 2021

      Public Procurement: “A diligent, hard-working junior who is determined to get the best results for her clients.” “She provides thorough, timely and clear advice.” – Chambers UK, 2021

      Sports: “She is a thoroughly good barrister and easy to work with.” “A very impressive advocate.”  Chambers UK, 2021

      Competition: “A really bright and energetic junior.” “She is astute, provides excellent drafting and is very responsive, so it’s been a pleasure to have her in the team.” “Banks is incredibly user-friendly, diligent and thorough in going through material.”  Chambers UK and Chambers Global, 2021

      Leading junior in Competition: ‘‘A very competent lawyer. Always a pleasure to work with her.’’Legal 500, 2021

      Leading junior in Telecoms (regulatory): ‘‘She is razor sharp and has excellent judgement in the court and with the client.’’Legal 500, 2021

      Leading junior in Public Procurement: ‘‘Focused, committed and hardworking team player. Tenacious advocate in court. A first-class brain and her analysis of the law is also first-class.’’ – Legal 500, 2021

      Leading junior in Sports Law: ‘‘A robust and forceful practitioner. She is very good in competition law-related matters.’’Legal 500, 2021

      Fiona Banks “commands respect” as a top name for sports litigation with “ a lovely manner in hearings”.Sports, Who’s Who Legal UK Bar 2020

      Peers of Fiona Banks are “very impressed with her written skills” and “very good judgement”. She is “extremely practical” and “a delight to work with”. – Government Contracts, Who’s Who Legal UK Bar 2020

      Public Procurement:“Fiona has an exceptional ability to quickly absorb, process and organise a huge amount of information in a very short period of time. Her advice is always considered and accessible. She is excellent on paper and the quality of her drafting sets her apart.” – Chambers UK, 2020

      Sports: “A fiercely bright contract lawyer.”  Chambers UK, 2020

      Leading junior in Competition: ‘‘A good pleader.’’Legal 500, 2020

      Leading junior in Telecoms (regulatory): ‘‘She represents both telecoms companies and regulators in disputes and investigations.’’Legal 500, 2020

      Leading junior in Public Procurement: ‘‘A very personable, approachable and available junior.’’ – Legal 500, 2020

      Leading junior in Sports Law: ‘‘A very good pleader.’’Legal 500, 2020

      Recognised for her superb government contracts practice. One source remarks that she has “in-depth legal knowledge combined with analytical skills, and the ability to crystallise complicated arguments into clear and sensible advice” – Government Contracts, Who’s Who Legal UK Bar 2019

      Always inspires utter confidence in her knowledge, approach and work” say peers who commend her “clarity of thought and pragmatism” – Sports, Who’s Who Legal UK Bar 2019

      An excellent barrister in the field” who is well versed in acting for telecoms providers and regulators in a range of tribunal and court proceedings” – Telecoms, Who’s Who Legal UK Bar 2019

      Public Procurement: : “A very tenacious advocate” who is “incredibly responsive, very impressive in terms of her attention to detail and someone who drives matters forward.” – Chambers UK, 2019

      Sports: “Impressive and eloquent, and she identifies the key points quickly. Provides sage, pragmatic advice.” “Extremely user-friendly.”  Chambers UK, 2019

    • Additional information

      Education & Prizes

      2002-2003

      • LPC at BPP Law School, Commendation

      1998-2001

      • BA (Hons) in Law, Magdalene College, Cambridge, Double First

      2001

      • Magdalene College Bundy Scholar
      • Norah Dias Prize for Law

      2000

      • Cambridge University Squire Law Scholar
      • Magdalene College Academic Scholar
      • Norah Dias Prize for Law

      Professional Memberships

      Fiona is qualified to undertake direct access work through the public access accreditation scheme.

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