Gerry Facenna KC

Gerry Facenna KC

Call: 2001 | 2006 (Scotland) | 2018 (Ireland) | Silk: 2016

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    Education

    MA (Camb.), LL.B

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    Introduction

    Gerry has a broad commercial and public law practice, advising and litigating across a range of regulatory, administrative and EU law matters. He is endorsed by the UK legal directories as a leading silk in eight areas: Administrative & Public law; Civil Liberties; Competition law; Data Protection; Energy; Environment; European Union law and Telecoms.

    In demand for his cross-sector expertise and strengths in written and oral advocacy, Gerry has led cases at every level of the UK courts, including the Court of Appeal and Supreme Court, specialist tribunals including the Competition Appeal Tribunal, Investigatory Powers Tribunal and Information Rights Tribunal, and has acted in more than fifty cases before the Court of Justice of the European Union.

    Recent editions of Chambers UK describe him as “a powerful and persuasive advocate”, “able to work across jurisdictions” and “the gold standard when cases are really tricky and high-profile”. Recent editions of Legal 500 (UK) describe Gerry as “an exquisite advocate”, “a very clear thinker” who “easily assimilates technical issues” and is “driven by a tangible passion to achieve a good outcome for his clients”.

    • News
    • Administrative & public law

      Gerry is a public and administrative law specialist and a respected leader in high profile and complex public law litigation. He advises and acts for claimants, including companies, NGOs and campaigning groups, public authority defendants, and interested parties, in all manner of judicial review claims, statutory appeals and other public law proceedings. His work often has a commercial or regulatory angle, involves complex technical evidence, or a crossover with privacy and data protection, human rights or EU law. Gerry has also acted for claimants, States and interveners before the European Court of Human Rights and in challenges to international bodies such as Interpol.

      Cases

      • R (Hughes & Ors) v. SoS Work & Pensions, PPF (Pensions cap – age discrimination – EU law)
      • R (the3million Ltd) v. Minister for the Cabinet Office (European Parliamentary elections)
      • R (Bridges) v. South Wales Police (Use of facial recognition technology by police)
      • R (Elgizouli) v. SoS (Death penalty – sharing of data with foreign ally)
      • R (Omega Flex Ltd) v British Standards Institute (British and EU standards and safety)
      • R (Heathrow Hub Ltd & Anr) v. SoS for Transport (Heathrow third runway)
      • R (Campaign Against Arms Trade) v. SoS for International Trade (Export licences – Saudi Arabia / Yemen – international human rights law)
      • R (Banks Renewables Ltd) v. SoS (State aid / onshore wind)
      • R (Liberty) v. SoS (Investigatory Powers Act 2016 – human rights & EU law)
      • Andy Wightman & ors v. SoS for Exiting the EU (Brexit – Art 50 revocability)
      • Uber v. TfL (Uber appeal against revocation of London operating licence)
      • R (Gina Miller and others) v. SoS for Exiting the EU (Brexit – Constitutional law)
      • R (American Express) v. HM Treasury (Interchange Fee Regulation and Second Payment Services Directive)
      • R (Watson MP & Davis MP) v. SSHD (Data Retention and Investigatory Powers Act 2014)
      • OOO Flavus v. Russia (ECtHR – website blocking in Russia)
      • R (OJSC Rosneft Oil Company) v. HM Treasury; SSBIS; FCA (UK and EU sanctions on Russia)
      • R (Heathrow Airport Limited) v. Office of Rail and Road (Crossrail – third party access)
      • R (Hillingdon, Greenpeace & Others) v. SoS for Transport (Heathrow runway)
      • Ismayilova v. Azerbaijan (ECtHR – arrest and detention of investigative journalist)
      • R (Long) v. SoS for Defence (Art 8 ECHR investigative duties – service personnel in Iraq)
      • R (Ordanduu & Optimus Mobile GmbH) v. PhonepayPlus (Premium rate telecoms; Francovich damages)
      • R (Heathrow Airport Fuel Co) v. Heathrow Airport Limited (Heathrow’s licence and bylaws)
      • R (UK Power Networks Services) v. GEMA (Third party access under the Electricity Act)
      • R (William Hill) v. Horserace Betting Levy Board (Betting Levy – online betting exchanges)
      • R (Crest Nicholson plc) v. Office of Fair Trading (Construction bid rigging – fairness)
      • R (Ferndale Foods) v. Office of Fair Trading and Asda (Supermarkets Code of Practice)
      • R (Bailey) v London Borough of Brent (Library closures – equality duties)
      • R (Lunt) v Liverpool City Council (Disability discrimination – EU free movement – licensing)
      • R (Eisai Ltd.) v. National Institute for Health and Clinical Excellence (NICE – availability of Alzheimers drugs)

      “He is incredibly knowledgeable and approachable. He gives very sensible and practical advice.”Chambers UK, 2023

      Charming, personable and able. He knows the law and is creative.” “A very powerful and persuasive advocate.”Chambers UK, 2023

      Highly competent and has provided sound advice in very challenging matters.”Legal 500, 2023

      “He is able to work across jurisdictions and has particularly excellent advocacy skills.” “He is strong on paper and can distil down very complex cases.”Chambers UK, 2022

      “Gerry is right up there when it comes to the intersection between civil liberties and data protection.” “He has strong judgement and is a compelling advocate.”Chambers UK, 2022

      “Gerry clearly knows his areas very well and delivers clear, thorough advice.”Legal 500, 2022

      “Absolutely brilliant. So calm, and his submissions are really excellent. He takes the judge really simply and slowly through a complex argument.” “Excellent, clear advice and superb drafting.”Chambers UK, 2021

      “He was absolutely in his element and it was incredible to see the judges hanging on his submissions. He has extraordinarily good judgement about what points will appeal, how to present them and what to leave out. He’s a master of minimalism.” “A genuine specialist on international human rights law.” “A very good interlocutor who is quick-thinking, agile and smart.” Chambers UK, 2020

    • Competition

      Gerry has practised competition law for over twenty years, advising and acting for corporate clients, regulators and public bodies in a range of competition law disputes, damages claims, regulatory investigations, statutory appeals, arbitrations and public law challenges. He has experience across a number of sectors, notably energy, water, aviation and telecoms, and brings his expertise as a data protection specialist to the intersection of competition law, data and online regulation. Whether in a public law, regulatory or competition law context, he is often leading teams dealing with major commercial disputes and complex technical or economic evidence. He is a contributing author to EU Competition Law: Procedures and Remedies (OUP) and The Law of State Aid in the European Union (OUP).

      Cases

      • Arthur v. Google Inc. (Opt-out competition claim – online advertising)
      • RIIO-2 Competition and Markets Authority appeals (Price controls in electricity and gas sectors)
      • Thomas Beton v. Lafarge & ors (Cement cartel)
      • R (Wales & West Utilities Limited) v. CMA (jurisdiction- statutory appeals under Gas Act)
      • C-57/19 P Commission v. Tempus energy (UK electricity capacity market)
      • T-110/18 Grange Backup Power v. Commission (Irish electricity capacity market)
      • R (Heathrow Hub Ltd & Anr) v. SoS for Transport (Heathrow third runway – Articles 102 and 106 TFEU)
      • Arora Management Services v. London Borough of Hillingdon (Airport parking and planning – Articles 102 and 106 TFEU)
      • British Telecommunications Plc v. Office of Communications & BSkyB (Pay TV. – BT appeal)
      • R (Banks Renewables Ltd) v. SoS (State aid for renewables)
      • R (UK Power Networks Services) v. GEMA (Third party electricity distribution)
      • R (Heathrow Airport Limited) v. Office of Rail and Road (Crossrail – third party access)
      • British Sky Broadcasting Ltd v. Virgin Media, Inc (Pay TV. – Sky appeal)
      • Movies in Pay TV (Competition Commission market investigation)
      • AB v. XY (Injunction in support of arbitration – satellites / space, abuse of dominance)
      • Deutsche Bank v. Unitech (LIBOR manipulation and competition law)
      • BSkyB & TalkTalk v. Ofcom (Price control – local loop unbundling, wholesale line rental)
      • Crest Nicholson plc v. Office of Fair Trading (Construction bid rigging – OFT procedures)
      • Merger Action Group v. SoS (HBOS Merger)
      • Ofcom v. Floe Telecom Ltd. (CAT procedures)
      • R (Ferndale Foods) v. Office of Fair Trading and Asda (Supermarkets Code of Practice)
      • OFT Tobacco cartel investigation
      • T-210/02 British Aggregates v. Commission (State aid – aggregates)
      • Suretrack Rail Services Ltd v. Infraco JNP Ltd (Abuse of dominance)

      “Clear and precise in the way he formulates his advice; Gerry is always willing to steer on the nitty gritty of negotiation and takes a practical level-headed approach.”Legal 500, 2023

      “He’s very experienced with … competition authorities, and so brings good tactical insight both in terms of procedure and points that are good for clients to bear in mind.”Chambers UK, 2022

      “Personable and authoritative.”Legal 500, 2022

      “Gerry is a very effective advocate. He has an accessible style whilst on his feet and writes well. He has a knack for explaining complex concepts in a way that is easy to understand, and a gravitas with Judges which mean that he is listened to.’’Legal 500, 2021

    • Consumer & regulatory

      Gerry advises and acts for large corporations and small businesses, regulators and public bodies in connection with regulatory investigations and appeals, regulatory policy, consumer claims, and related public law challenges. He has extensive experience of advising on consumer law investigations and enforcement by UK and international regulatory bodies and is sought after for his strategic and commercial approach and direct experience with regulators. He has worked with regulators and businesses across a range of sectors including gambling, finanancial services, energy, water, telecoms, foodstuffs, regulation of online content, rail and aviation.

      Cases

      • Gambling Commission – proposals on remote customer interaction / vulnerable consumers
      • RIIO-2 CMA appeals (Ofgem price controls in electricity and gas sectors)
      • Tanya O’Carroll v. Meta (Facebook advertising – user right to object)
      • CMA investigation – Online console video gaming (Nintendo, Playstation and Xbox renewal practices)
      • Care UK v CMA (Care homes – Unfair Terms in Consumer Contracts, Unfair Trading Regulations)
      • Dynamic Mobile Billing v. Phone Paid Services Authority (PSA Code of Practice)
      • Leave.EU & Eldon v. Information Commissioner (Privacy and Electronic Communications Regulations)
      • CMA investigation into Leasehold (Consumer protection in leasehold housing market)
      • FCA investigation into general insurance pricing
      • McCann v Youtube (Data protection rules for child users of YouTube)
      • Uber v. TfL (Revocation of Uber operating licence in London)
      • R (American Express) v. HM Treasury (Interchange Fees)
      • CMA investigation on misleading online practices (Social media – paid endorsements)
      • CMA investigation into care home charges and unfair consumer terms in residential care
      • Bittar v. FCA (Manipulation of EURIBOR benchmark rate)
      • R (Heathrow Airport) v. Office of Road and Rail (ORR decision on operator charges)
      • BT v. Ofcom & Sky (“Wholesale Must Offer” obligation in the Pay TV market)
      • Ofcom Review of Additional Charges (Consumer penalties and non-direct debit charges)
      • R (Ordanduu GmbH & Optimus Mobile GmbH) v. PhonepayPlus (premium rate telecoms; EU regulation)
      • Burrell v. Helical Bramshott (Retirement villages: Unfair Terms in Consumer Contracts)
      • Dr Reddy’s v. Warner-Lambert Company (paediatric extension to EU supplementary protection certificate)
      • TalkTalk v. Ofcom & BT (Charge controls – local loop unbundling and wholesale line rental)
      • R (Ferndale Foods Ltd) v. OFT and Asda (Supermarkets Code of Practice)
      • Eisai Ltd. v. National Institute for Health and Clinical Excellence (Availability of Alzheimers drugs)

      “Gerry Facenna KC is pragmatic and commercially aware.” “He has a good, commercial approach.” – Chambers UK, 2023
      “Personable and authoritative.”Legal 500, 2022

      “Gerry is a very effective advocate. He has an accessible style whilst on his feet and writes well. He has a knack for explaining complex concepts in a way that is easy to understand, and a gravitas with Judges which mean that he is listened to.’’Legal 500, 2021

      “Very no-nonsense and an excellent advocate who is great on his feet, he really cuts straight to the heart of the matter.” “A barrister with a relaxed and measured presence in court, he’s very affable and likeable.”Chambers UK, 2020

    • Data protection

      Gerry is one of a few true specialist silks in data protection and information rights, ranked as Band 1/Tier 1 in both Chambers & Partners and the Legal 500 directories. He has been involved in landmark cases which have helped to shape data protection and information laws, representing corporate data controllers, data subjects, the UK Information Commissioner and other public and private bodies. He is experienced in handling the regulatory and legal consequences of data breaches or unlawful processing and has extensive experience of data class actions and advising on complex data compliance issues, often in cases with an international dimension. He is particularly sought out where there is a cross-over between data, tech and media regulation and competition law. He is a contributing author to the leading practitioner text Information Rights: Law and Practice (Hart) and author of the chapter on privacy rights in Halsbury’s Laws of England: Rights and Freedoms (LexisNexis).

      Cases

      Cases (Data protection)

      • Tanya O’Carroll v. Meta (Facebook advertising – GDPR right to object to advertising)
      • R (Liberty) v. SoS (ECHR and EU compliance of Investigatory Powers Act 2016)
      • Killock v. Information Commissioner (ICO complaints – procedural rights)
      • Group litigation against the Police Federation (Group litigation – data breach damages)
      • Group litigation against Easyjet (Group litigation – data breach damages)
      • Leave.EU & Eldon v. Information Commissioner (Direct marketing – Privacy and Electronic Communications Regulations)
      • ICO/EU GDPR penalty against Marriott
      • ICO/EU GDPR penalty against British Airways
      • C-746/18 HK Prokuratuur (Electronic communications – criminal justice)
      • McCann v. YouTube (Group litigation – children’s data and GDPR consent)
      • Google LLC v. Lloyd (Group litigation and damages in representative claims – Safari workaround)
      • C-511/18 Quadrature du Net and others (State access – retention and serious crime)
      • Group litigation against Carphone Warehouse (Group litigation – data breach damages)
      • C-623/17 Privacy International (State access to communications data – national security)
      • Stunt v. Associated Newspapers (Journalism exemption under DPA / EU data directive)
      • R (Bridges) v. South Wales Police (Use of facial recognition technology by UK police)
      • R (Elgizouli) v. SoS (Death penalty – sharing of data with foreign ally)
      • Undercover Policing (Mitting) Inquiry (Processing of victims’ data by Inquiry)
      • C-507/17 Google v. CNIL (EU “right to be forgotten”)
      • C-207/16 Ministerio Fiscal (EU rights and e-privacy laws in criminal justice)
      • ZZZ v. Metropolitan Police & MoJ (Article 8 ECHR damages – witness protection
      • R (Tom Watson MP & David Davis MP) v. SSHD (Data Retention and Investigatory Powers Act 2014)
      • OOO Flavus v. Russia (ECtHR – website blocking in Russia)
      • Privacy International v. SoS (UKIPTrib – bulk communications and national security)
      • C-203/15 Tele2 Sverige (EU fundamental rights and communications data)
      • Dawson-Damer v. Taylor Wessing (Scope of data controller obligations, legal privilege)
      • YB v. Serious Organised Crime Agency (Processing of personal data – Interpol red notice)
      • Zaw Lin & Wai Phyo v. Metropolitan Police (Death penalty; cooperation with Thailand)

      Freedom of Information

      Gerry is also an expert in freedom of information laws, including access to environmental information under the Aarhus Convention and access to documents under EU transparency laws. He has been involved in many cases in the First-tier and Upper Tribunal (Information Rights), and in the EU and UK courts, for corporate requesters, public authorities and the Information Commissioner.

      Cases (Freedom of information)

      • Surrey Searches Limited & Ors v. Northumbrian Water Limited &Ors (Environmental information – water & sewerage information – restitution)
      • Willow v. Information Commissioner & Ministry of Justice (Convention on the Rights of the Child and information rights)
      • Bergen v. Lewisham Borough Council (Compulsory purchase and redevelopment at Millwall Football Club)
      • DBIS v. Information Commissioner & Henney (Meaning of “environmental information” under EIR)
      • Browning v. Information Commissioner & DBIS (Closed material procedures under FOIA)
      • Peninsula Business Services Ltd v. Information Commissioner (Information provided to courts and tribunals, s. 32 FOIA)
      • SI Green & NRW v. IC and Friends of the Earth (Disclosure of landfill financial provision)
      • Southwark Council & Lend Lease v. IC (Planning viability assessments – Aarhus)
      • Ryanair Holdings plc v. Office of Fair Trading and IC (OFT investigation of Ryanair/Aer Lingus merger)
      • Birkett (Campaign for Clean Air in London) v. Defra (Multiple exemptions in FOIA / EIR proceedings)
      • Greenwood & Bolton Council v. Information Commissioner (Disclosure of local councillors’ declarations of interest and personal data)
      • T-250/08 Batchelor v. Commission (EU rights of access – TV broadcasting)
      • Foreign & Commonwealth Office v. FCO (Leaked diplomatic correspondence)
      • Bath and North East Somerset Council v. IC (Commercial confidentiality – World heritage)
      • Cabinet Office v. Information Commissioner (Cabinet Minutes; collective responsibility)
      • Bellamy v. Information Commissioner & BIS (Section 42 FOIA / legal professional privilege)

      “Gerry is very personable and really takes the time to do what is best for the client.” “Gerry Facenna has an excellent feel for how GDPR applies in a data breach context.”Chambers UK, 2023

      “Extremely practical, responsive, and client friendly. His understanding of the ICO is first class, as is his broader experience of dealing with regulators.”Legal 500, 2023

      “He’s very experienced with the ICO and competition authorities, and so brings good tactical insight both in terms of procedure and points that are good for clients to bear in mind.” “He’s very talented and academic; he’s a very exciting advocate who is fantastic with metaphors and can bring dry stories to life.”Chambers UK, 2022

      “Unparalleled expertise in a fast developing area of law, matched with excellent strategic advice.”Legal 500, 2022

      “He is clever and thorough, and possesses very good insight into a client’s strategic objectives.” “He is an excellent advocate with wonderful judgement.” “He takes a robust line when he needs to, and his knowledge of the law is exceptional.”Chambers UK, 2021

      “His advocacy is clear and persuasive. Works very well with juniors. You know you’re in good hands.’’Legal 500, 2021

    • Energy & environment

      Gerry has longstanding expertise in the regulation of electricity, gas and water markets, and has advised on a range of related issues including price controls, the CMA’s energy market investigation, use of ‘smart meters’, capacity allocation and congestion management, subsidies, and competitive tendering of transmission assets. He has also been recognised by the legal directories as a leading environmental law barrister for many years, having advised and acted for regulators and regulated businesses, campaigning groups and government in a range of environmental cases, including on environmental permitting and enforcement, producer responsibility, waste management, air and water quality, transfrontier shipments, renewables, hydraulic fracturing, habitats, emissions trading, State aid and Aarhus rights.

      Cases

      • RIIO-2 and ED2 appeals (Ofgem price controls in electricity and gas sectors)
      • R (Wales & West Utilities Limited) v. CMA (jurisdiction- statutory appeals under Gas Act)
      • Surrey Searches Limited v. Northumbrian Water (Restitution – environmental information)
      • Ofgem proposals on Financial Resilience of gas and electricity suppliers
      • C-57/19 P Commission v. Tempus energy (UK electricity capacity market)
      • T-110/18 Grange Backup Power v. Commission (Irish electricity capacity market)
      • National Grid – Uniform Network Code dispute
      • R (Banks Renewables Ltd) v. SoS (State aid for renewables – onshore wind)
      • Aquind UK/France Interconnector
      • DBIS v. IC & Henney (UK smart meter programme)
      • Swansea Bay Tidal Energy Facility (Welsh Government proposals for tidal energy projects)
      • R (Rosneft) v. HM Treasury (Sanctions on Russian oil industry; shale oil projects)
      • R (LB Hillingdon, Greenpeace & Ord) v. SoS for Transport (Heathrow runway – air quality)
      • C-304/15 Commission v. UK (Emissions from coal combustion plant)
      • Catfield Fen (2016) (Refusal of water abstraction permits)
      • R (Friends of the Earth) v. SSEFRA (Use of pesticides containing neonicotinoids)
      • C-302/14 & C-329/14 Commission v. Belgium and Finland (Building energy performance)
      • R (UK Power Networks Services) v. GEMA (Third party access under the Electricity Act)
      • Cuadrilla – first UK applications for commercial hydraulic fracturing permits
      • C-217/14 and C-237/14 Commission v. Ireland: (EU internal market in electricity and gas)
      • C-461/13 Bund für Umwelt und Naturschutz Deutschland (Water Framework Directive)
      • C-240/13 & 241/13 Commission v. Estonia (EU internal market in electricity and gas)
      • C-109/13 and 111/13 Commission v. Finland (EU internal market in electricity and gas)
      • T-210/02 RENV. & C-487/06 P British Aggregates (State aid -levy on aggregates)
      • C-525/12 Commission v. Germany (Water Framework Directive)
      • R (Kilgour (Cropston Angling)) v. Environment Agency (Water Framework Directive)
      • R (Spelthorne BC) v. Environment Agency (Environmental permit – anaerobic digestion)
      • R (European Metal Recycling) v. Environment Agency (Noise pollution)
      • R (ATH Resources plc) v. SoS for Energy & Climate Change (CRC Energy Efficiency Scheme)
      • R (Midland Oil Refinery Ltd) v. Environment Agency (Suspension of environmental permit)
      • Barry & Vale Friends of the Earth v. Environment Agency (Energy from waste facility)
      • R (Charlesworth) v. EA & INEOS (Energy from waste / greenhouse gas emissions)
      • R (Grundon Waste Management) v. Environment Agency (Dust – hazardous waste)
      • R (Yates-Taylor) v. Environment Agency & Ors (Persistent organic pollutants – incineration)
      • R (Coedbach) v. SoS for Energy and Climate Change (biomass- fuelled generating station)
      • R (Repic Ltd) v. Scottish Environment Protection Agency & Anr (producer responsibility – waste electrical and electronic equipment)
      • R (Anti-Waste) v. Environment Agency (Landfill Directive and groundwater protection)
      • R (Greenpeace Ltd) v. SoS For Environment (CITES Convention; protected species)

      “He is a very robust advocate, very direct and knowledgeable on environment law.”Chambers UK, 2022

      “A superstar across lots of sectors.”Chambers UK, 2021

      “A “tenacious” advocate, with a wealth of prociency in air quality and environmental state aid cases.”Who’s Who Legal UK Bar 2020

      “He is very strong on his feet and very persuasive.”Chambers UK, 2020

    • EU law & trade

      Gerry is an experienced and highly respected EU lawyer who has appeared in more than fifty cases before the Court of Justice of the European Union. As a member of the Irish Bar he continues to act in the European Union Courts. He has advised on almost all aspects of EU law including competition and state aid, data protection, free movement, broadcasting, pharmaceuticals, environmental protection, employment, agricultural levies, telecoms, sanctions, tax, customs, trade and EU external relations. He was involved in the landmark cases on Brexit and regularly acts in matters involving the legal and regulatory consequences of Brexit or the application of retained EU law.

      Cases

      Cases (EU Courts)

      • C-57/19 P Commission v. Tempus energy (State aid – UK electricity capacity market)
      • C-746/18 HK Prokuratuur (Electronic communications – criminal justice)
      • C-621/18 Wightman (Brexit – EU constitutional law and withdrawal process)
      • C-677/18 Amoena (EU common customs tariff classification)
      • C-520/18 Ordre des Barreaux (French and Belgian communications data retention)
      • C-511/18 La Quadrature du Net (State access – data retention and serious crime)
      • T-110/18 Grange Backup Power v. Commission (Irish electricity capacity market)
      • C-623/17 Privacy International (State access to communications data – national security)
      • C-507/17 Google v. CNIL (Scope of GDPR “right to be forgotten”)
      • C-17/17 Hampshire (Insolvency Directive – pension rights)
      • C-304/16 American Express (Interchange Fees Regulation and Payment Services Directive)
      • C-207/16 Ministerio Fiscal (Fundamental rights and e-privacy laws in criminal justice)
      • Opinion 2/15 (EU external relations – EU/Singapore Free Trade Agreement)
      • C-203/15 Tele2 Sverige (Fundamental rights and communications data regime)
      • C-304/15 Commission v. UK (Infraction proceedings – emissions)
      • C-228/15 Velikova (Free movement; expulsion of EU national)
      • C-111/15 Obcina Gorge (European Agricultural Fund for Rural Development)
      • C-72/15 Rosneft (EU Common Foreign and Security Policy decisions; sanctions)
      • C-263/14 Parliament v. Council (EU/Tanzania agreement – foreign and security policy)
      • C-592/14 European Federation for Cosmetic Ingredients (Animal testing of cosmetics)
      • T-793/14 Tempus Energy Limited v. Commission (State aid – UK electricity capacity market)
      • C-459/14 Cocaj (Free movement – registered partnership)
      • C-302/14 Commission v. Belgium (Infraction powers – Energy Performance Directive)
      • C-329/14 Commission v. Finland (Infraction powers – Energy Performance Directive)
      • C-236/14 Federación de Servicios Privados (Working time and workers’ travelling time)
      • C-219/14 Greenfield (Working time and calculation of holiday for part-time workers)
      • C-218/14 Singh (Free movement – divorced third country nationals)
      • C-217/14 and C-237/14 Commission v. Ireland (Infraction – gas and electricity markets)
      • C-461/13 Bund für Umwelt und Naturschutz Deutschland (Water Framework Directive) –
      • C-240/13 & 241/13 Commission v. Estonia: (Infraction – gas and electricity markets)
      • C-202/13 McCarthy v. SSHD (Free movement – residence cards – Protocol 21 TFEU)
      • C-258/13 Sociedade Agricola v. Instituto da Segurança Social, IP (Rights – legal aid)
      • C-109/13 & 111/13 Commission v. Finland (Infraction – gas and electricity markets)
      • C-137/12 Commission & Parliament v. Council (EU competence – commercial policy)
      • C-525/12 Commission v. Germany (Water framework Directive)
      • C-80/12 Felixstowe Dock and Railway Company (Corporation tax relief – establishment)
      • C-456/12 & 457/12 S & O v. Minister voor Immigratie (Free movement of family members)
      • C-423/12 Reyes v. Migrationsverket (Free movement – concept of ‘dependant’)
      • C-109/12 Laboratoires Lyocentre (medical devices / medicinal products classification)
      • C-540/11 Levy and Sebbag: free movement of capital / double taxation
      • C-658/11 Parliament v. Council (EU/Mauritius agreement – foreign and security policy)
      • T-322/10 Clasado v. Commission (Direct action – health claims on foods)
      • T-86/10 British Sugar v. Commission (Direct action – annulment – sugar levies)
      • C-600/10 Commission v. Germany (Free movement of capital – tax on pension dividends)
      • C-342/10 Commission v. Finland (Free movement of capital – tax on pension dividends)
      • C-113/10 Zuckerfabrik Jülich (Common Agricultural Policy – sugar – award of interest)
      • C-294/10 Eglītis and Ratnieks (Air passenger compensation)
      • C-397/09 Scheuten Solar (Freedom of establishment and business tax)
      • T-250/08 Batchelor (Access to EU information on TV broadcasting activities)
      • T-210/02 RENV. & C-487/06 P British Aggregates (State aid – environmental levy)

      Cases (EU / Retained EU law in UK Courts)

      • R (Hughes & Ors) v. SoS Work & Pensions, PPF (Age discrimination – EU pensions law)
      • Surrey Searches Limited v. Northumbrian Water Limited &Ors (Restitution – environmental information)
      • R (Liberty) v. SoS (EU compliance of Investigatory Powers Act 2016)
      • R (the3million Ltd) v. Minister for the Cabinet Office (European Parliamentary elections)
      • Leave.EU & Eldon v. Information Commissioner (E-Privacy Directive)
      • Privacy International v. SoS (Bulk communications and national security)
      • Arora Management v. London Borough of Hillingdon (Planning and Art 106 TFEU)
      • Stunt v. Associated Newspapers (Journalism exemption under EU data directive)
      • R (Banks Renewables Ltd) v. SoS (State aid for renewables)
      • Andy Wightman & ors v. SoS for Exiting the EU (Brexit – Art 50 revocability)
      • Kavanagh v SSHD (Non-contributory social security benefits)
      • R (Heathrow Airport Limited) v. Office of Rail and Road (Rail – third party access)
      • R (American Express) v. HM Treasury (Interchange Fee Regulation and Second Payment Services Directive)
      • R (Watson MP & Davis MP) v. SSHD (Data Retention and Investigatory Powers Act 2014)
      • Hampshire v. Board of the Pension Protection Fund (EU pensions – statutory cap)
      • R (Gina Miller and others) v. SoS for Exiting the EU (Brexit – Constitutional law)
      • R (OJSC Rosneft Oil Company) v. HM Treasury; SSBIS; FCA (UK and EU sanctions on Russia)
      • R (Friends of the Earth) v. SSEFRA (EU pesticides approvals)
      • R (McCarthy) v. SSHD (Free movement – residence cards – Protocol 21 TFEU)
      • R (Ahmad) v SSHD (EU residence cards)
      • R (Ordanduu & Optimus) v. PhonepayPlus (E-Commerce – Francovich damages)
      • R (UK Power Networks Services) v. GEMA (Third party electricity distribution)
      • Dr Reddy’s v. Warner-Lambert (Extension to EU supplementary protection certificate)
      • R (Lunt) v Liverpool City Council (Disability discrimination – EU free movement – licensing)
      • Pirelli Cable Holding v HMRC (EU law and double taxation)
      • Sempra Metals Ltd v. HM Revenue (Recovery of levies – restitution and compound interest)

      “I would rate Gerry Facenna as one of this country’s outstanding barristers. He is a brilliant barrister who understands the needs and concerns of his clients and combines this understanding with a mastery of the subject matter.”Chambers UK, 2023

      “Gerry is an exquisite advocate; great at focusing on the points that really matter.”Legal 500, 2023

      “His strength lies not only in his grasp of the law but in his mastery of forensic preparation. He is diligent, very hard-working and passionate in his pursuit of his clients’ interests. A client can have a high degree of confidence that no stone has been left unturned at any stage of the legal process.” “Gerry is incredibly assiduous and detailed in his work. The documents were immaculate in every respect; every single nuance of law was covered.” “Gerry is practical and explains things in straightforward terms.”Chambers UK, 2022

      “He is a very clear thinker, a brilliant communicator and importantly he is untainted by ego which often gets in the way of achieving the heights of barristerial performance.”Legal 500, 2022

      “Gerry has very convincing ways of arguing your corner.” “He is the gold standard when cases are really tricky and high-profile.”Chambers UK, 2021

      “Gerry is a fearless and extremely competent barrister. His is forensic in his approach to preparation, he is on top of his subject, his delivery inspires condence and he has consistently delivered outcomes which have exceeded my expectations. Importantly, he is approachable and takes the time to build up a mutualy supportive relationship with his clients.’’Legal 500, 2021

    • Group litigation

      Gerry has extensive experience of acting in cases involving large groups of claimants, including in data protection matters, competition law and in the public law context. He has acted as leading counsel in opt-in book-built claims, opt-out representative ‘class actions’, and has advised on a number of claims under the Competition Appeal Tribunal’s collective proceedings regime, including stand-alone and follow-on claims. As well as acting for claimants and defendants to such claims, he has advised most of the leading litigation funders and a number of ATE providers in connection with a range of ongoing or prospective funded litigation.

      Cases

      • Arthur v. Google Inc. (Opt-out competition claim – online advertising)
      • Police Federation of England & Wales (Opt-in group litigation – data breach damages)
      • Surrey Searches Limited & Ors v. Northumbrian Water Limited & Ors (Group claim by >100 property search companies)
      • Group litigation against Easyjet (Opt-in group litigation – data breach damages)
      • McCann v. YouTube (Representative action – children’s data and GDPR consent)
      • R (Hughes & Ors) v. SoS Work & Pensions, PPF (Age discrimination claim on behalf of multiple pension groups and airline pilots)
      • Google LLC v. Lloyd (Representative action – data protection damages)
      • R (the3million Ltd) v. Minister for the Cabinet Office (Multi-claimant challenge to EU Parliamentary elections)
      • Undercover Policing (Mitting) Inquiry (Acting on behalf of victim participants)
      • Group litigation against Carphone Warehouse (Group litigation – data breach damages)
      • WASPI Women (Challenge by women born in the 1950s re State Pension Age)
      • Merger Action Group v. SoS (HBOS Merger)
    • What the directories say

      Administrative & Public Law: Great judgement and a very robust advocate, who doesn’t shy away from unpopular cases.” “He has academic ability which connects with real advocacy skills – he has a devastating combination of both.” “Gerry is first-class and brilliant with the clients. Very easy to work with and provides flawless advice.” “Gerry is user-friendly and helpful and he came up with good arguments and solutions.” – Chambers UK, 2024

      Civil Liberties & Human Rights: “A super charming advocate, who really understands what is concerning the court and responds to it effectively.” – Chambers UK, 2024

      Data Protection: He is a real powerhouse in this area.” “A powerful and commanding lead.” – Chambers UK, 2024

      Environment: A real asset to our team.” “He’s excellent on his feet, just outstanding.” “Gerry is very robust.” “Gerry is extremely good.”Chambers UK, 2024

      Energy and Natural Resources: Regulatory: “On big cases, Gerry is very on top of things. He’s good at managing a large team and not panicking or flapping at the side. He is a good leader, and everyone enjoys working with him.” – Chambers UK, 2024

      European Law: Gerry is a very amiable and impressive silk.” “Without doubt, Gerry Facenna is one of the most accomplished advocates I have ever worked with. What marks him out from many is his skill in developing a vital bond of understanding with his clients, a skill which in my view has made the difference between success and failure.” – Chambers UK, 2024

      Group Litigation: Gerry’s main strengths are his clear and definitive advice, his commerciality and his approachability.” “Gerry Facenna is very approachable.” – Chambers UK, 2024

      Telecommunications: “Gerry has fantastic technical knowledge and great insight into multiple areas of the law.” – Chambers UK, 2024

      Leading silk in Competition: “Brilliant advocate, great grasp of the detail together with real strategic nous. Gerry is one of the best.” – Legal 500, 2024

      Leading silk in EU Law: “Gerry is very analytical in his approach.” – Legal 500, 2024

      Leading silk in Data Protection: “He is a good tactician and a very strong litigator.” – Legal 500, 2024

      Leading silk in Administrative Law and Human Rights: “Gerry is highly intelligent, and good at condensing complex issues into compelling points.” – Legal 500, 2024

      Leading silk in Energy: “Gerry’s advocacy is natural with great presence and fluency, and he is the embodiment of a reasonable man.” – Legal 500, 2024

      Administrative & Public Law: “He is incredibly knowledgeable and approachable. He gives very sensible and practical advice.” – Chambers UK, 2023

      Civil Liberties & Human Rights: “Charming, personable and able. He knows the law and is creative.” “A very powerful and persuasive advocate.” – Chambers UK, 2023

      Data Protection: “Gerry is very personable and really takes the time to do what is best for the client.” “Gerry Facenna has an excellent feel for how GDPR applies in a data breach context.” – Chambers UK, 2023

      Ranked in Environment – Chambers UK, 2023

      European Law: “I would rate Gerry Facenna as one of this country’s outstanding barristers. He is a brilliant barrister who understands the needs and concerns of his clients and combines this understanding with a mastery of the subject matter.” – Chambers UK, 2023

      Telecommunications: “Gerry Facenna KC is pragmatic and commercially aware.” “He has a good, commercial approach.” – Chambers UK, 2023

      Leading silk in Competition: “Clear and precise in the way he formulates his advice; Gerry is always willing to steer on the nitty gritty of negotiation and takes a practical level-headed approach.”Legal 500, 2023

      Leading silk in EU Law: “Gerry is an exquisite advocate; great at focusing on the points that really matter.”Legal 500, 2023

      Leading silk in Data Protection: “Extremely practical, responsive, and client friendly. His understanding of the ICO is first class, as is his broader experience of dealing with regulators.”Legal 500, 2023

      Leading silk in Administrative Law and Human Rights: “Highly competent and has provided sound advice in very challenging matters.”Legal 500, 2023

      Leading silk in Energy – Legal 500, 2023

      Leading silk in EU Law: “He is a very clear thinker, a brilliant communicator and importantly he is untainted by ego which often gets in the way of achieving the heights of barristerial performance.”Legal 500, 2022

      Administrative & Public Law: “He is able to work across jurisdictions and has particularly excellent advocacy skills.” “He is strong on paper and can distil down very complex cases.” – Chambers UK, 2022

      Civil Liberties and Human Rights: “Gerry is right up there when it comes to the intersection between civil liberties and data protection.” “He has strong judgement and is a compelling advocate.” – Chambers UK, 2022

      Data Protection: “He’s very experienced with the ICO and competition authorities, and so brings good tactical insight both in terms of procedure and points that are good for clients to bear in mind.” “He’s very talented and academic; he’s a very exciting advocate who is fantastic with metaphors and can bring dry stories to life.” – Chambers UK, 2022

      Environment: “He is a very robust advocate, very direct and knowledgeable on environment law.” – Chambers UK, 2022

      European Law: “His strength lies not only in his grasp of the law but in his mastery of forensic preparation. He is diligent, very hard-working and passionate in his pursuit of his clients’ interests. A client can have a high degree of confidence that no stone has been left unturned at any stage of the legal process.” “Gerry is incredibly assiduous and detailed in his work. The documents were immaculate in every respect; every single nuance of law was covered.” “Gerry is practical and explains things in straightforward terms.” – Chambers UK, 2022

      Ranked in Telecommunications – Chambers UK, 2022

      Data Protection: “He is clever and thorough, and possesses very good insight into a client’s strategic objectives.” “He is an excellent advocate with wonderful judgement.” “He takes a robust line when he needs to, and his knowledge of the law is exceptional.” – Chambers UK, 2021

      Leading silk in Data Protection: “Unparalleled expertise in a fast developing area of law, matched with excellent strategic advice.”Legal 500, 2022

      Leading silk in Administrative and public law (including elections): “Gerry clearly knows his areas very well and delivers clear, thorough advice.”Legal 500, 2022

      Leading silk in Competition: “Personable and authoritative.”Legal 500, 2022

      Leading silk in EU Law: “He is a very clear thinker, a brilliant communicator and importantly he is untainted by ego which often gets in the way of achieving the heights of barristerial performance.”Legal 500, 2022

      Administrative & Public Law: “Absolutely brilliant. So calm, and his submissions are really excellent. He takes the judge really simply and slowly through a complex argument.” “Excellent, clear advice and superb drafting.” – Chambers UK, 2021

      Civil Liberties and Human Rights: “Gerry is an excellent silk.” – Chambers UK, 2021

      Environment: “A superstar across lots of sectors.” – Chambers UK, 2021

      Telecommunications: “An outstanding advocate who has a deep knowledge of the law relating to the freedom of expression, data protection and privacy.” “He is ingenious, good in court, and very informed.” – Chambers UK, 2021

      European Law: “Gerry has very convincing ways of arguing your corner.” “He is the gold standard when cases are really tricky and high-profile.” – Chambers UK, 2021

      Data Protection: “He is clever and thorough, and possesses very good insight into a client’s strategic objectives.” “He is an excellent advocate with wonderful judgement.” “He takes a robust line when he needs to, and his knowledge of the law is exceptional.” – Chambers UK, 2021

      Leading silk in Administrative and public law (including local government): ‘‘Gerry clearly knows his areas very well and delivers clear, thorough advice.’’ Legal 500, 2021

      Leading silk in Competition: ‘‘Gerry is a very effective advocate. He has an accessible style whilst on his feet and writes well. He has a knack for explaining complex concepts in a way that is easy to understand, and a gravitas with Judges which mean that he is listened to.’’ Legal 500, 2021

      Leading silk in Data Protection: ‘‘His advocacy is clear and persuasive. Works very well with juniors. You know you’re in good hands.’’ Legal 500, 2021

      Leading silk in EU Law: ‘‘Gerry is a fearless and extremely competent barrister. His is forensic in his approach to preparation, he is on top of his subject, his delivery inspires confidence and he has consistently delivered outcomes which have exceeded my expectations. Importantly, he is approachable and takes the time to build up a mutualy supportive relationship with his clients.’’ Legal 500, 2021

      “A “tenacious” advocate, with a wealth of proficiency in air quality and environmental state aid cases.” – Environment, Who’s Who Legal UK Bar 2020

      Administrative & Public Law: “He was absolutely in his element and it was incredible to see the judges hanging on his submissions. He has extraordinarily good judgement about what points will appeal, how to present them and what to leave out. He’s a master of minimalism.” “A genuine specialist on international human rights law.” “A very good interlocutor who is quick-thinking, agile and smart.” – Chambers UK, 2020

      Environment: “He is very strong on his feet and very persuasive.” – Chambers UK, 2020

      Telecommunications: “Very no-nonsense and an excellent advocate who is great on his feet, he really cuts straight to the heart of the matter.” “A barrister with a relaxed and measured presence in court, he’s very affable and likeable.” – Chambers UK, 2020

      European Law: “His written arguments are extremely compelling” and he is “an absolutely outstanding advocate whose mastery of the detail is just beyond belief.” “He sees to the heart of the issues and is very calm and measured.” – Chambers UK, 2020

      Data Protection: “He’s an approachable, down-to-earth and commercially minded silk, and his written advice is really good.” “An excellent barrister, and a very robust and authoritative advocate.” – Chambers UK, 2020

      Leading silk in Administrative and public law (including local government): ‘‘He clearly knows his areas well.’’Legal 500, 2020

      Leading silk in Competition: ‘‘He delivers clear, thorough advice.’’Legal 500, 2020

      Leading silk in Data Protection: ‘‘He is highly regarded for his Freedom of Information Act and Data Protection Act work.’’Legal 500, 2020

      Leading silk in EU Law: ‘‘He delivers clear, thorough advice.’’Legal 500, 2020

      Has considerable experience representing private and public sector clients as well as individuals and campaign groups on waste management, air quality and noise pollution matters” – Environment, Who’s Who Legal UK Bar 2019

      Administrative & Public Law: “His formidable intellect and pragmatic approach make him a brilliant tactician.” “Very smooth, very persistent and someone with very impressive advocacy skills.”Chambers UK, 2019

      Data Protection: “He fully understands data protection and information law in the wider context, and applies the law in a commercial sense.” “Gerry can cut through to the heart of the matter.”Chambers UK, 2019

      Environment: “A good tactician.”Chambers UK, 2019

      European Law: “He is a fabulous advocate who is very good for EU environment law.”Chambers UK, 2019

      Telecommunications: “He has a fantastic public law practice that he built from scratch. That is a testament to his skill and the fact that clients love him.”Chambers UK, 2019

      Leading silk in Administrative and public law (including local government): ‘‘He is very clever, hardworking and lovely to work with.’’Legal 500, 2018

      Leading silk in Competition: ‘‘As able in his written advocacy as he is in court.’’Legal 500, 2018

      Leading silk in EU Law: ‘‘A very competent and enthusiastic advocate who is driven by a tangible passion to achieve a good outcome for his clients.’’Legal 500, 2017

      Administrative & Public Law: “He has incredibly intellectual resources to draw upon and can turn his hand to pretty much anything.” “He is likeable and a persuasive advocate.” “He is really helpful, very organised and very easy to work with.”Chambers UK, 2018

      Data Protection: “He knows his stuff, he’s sound intellectually and he’s very good at communicating his clients’ positions.” “He makes the most of the materials provided.”Chambers UK, 2018

      Environment: “He’s a determined advocate who sticks to his guns very effectively.” “He’s extremely approachable, excellent with clients and someone who can break down complex issues into something digestible.”Chambers UK, 2018

      European Law: “He is able to relate to his clients in a way that ensures the best communication and understanding possible and has an ability to explain complex points of law so a layman can understand.”Chambers UK, 2018

      Telecommunications: “Understands the motivations and passions of clients and is highly constructive.” “He gets the issues across very, very quickly, and is always on top of the information as new material comes through.”Chambers UK, 2018

      New silk in Administrative and public law (including local government): ‘‘It’s unusual to be so good in every stage of advocacy.’’Legal 500, 2017

      New silk in Competition: ‘‘He combines gravitas and intellect with an amiable manner.’’Legal 500, 2017

      New silk in EU Law: ‘‘An incisive and tactical thinker.’’Legal 500, 2017

      New silk in Environment: ‘‘He is authoritative in his advocacy and easily assimilates technical issues.’’ Legal 500, 2017

      New silk in Data protection: ‘‘Very focused and hardworking.’’Legal 500, 2017

      New silk in Telecoms (regulatory): ‘‘An impressive silk in this area, with wide experience in EU law.’’Legal 500, 2017

      Administrative & Public Law: “Always calm and collected in difficult cases.” “Very clear presentation: he doesn’t take unnecessary points and is highly convincing to the other side.”Chambers UK, 2017

      Data Protection: “He is a delightful advocate; tough, focused and engaging. His cross-examination of witnesses is pleasant for all in court and he gets to the heart of the matter.” “He is good on his feet and good in writing, he speaks the clients’ language and he cuts to the chase.”Chambers UK, 2017

      Environment: “He is a superstar who is really good on cases concerning the environment and the protection of information. He has that EU law angle that really helps in this area, and is held in high esteem.” – Chambers UK, 2017

      European Law: “He is truly superb in all aspects of the job. Obscenely clever, he’s a great strategist and a superb advocate. He reads the situation perfectly and is a commercially aware perfectionist. I would not want to be against him.” – Chambers UK, 2017

      Telecommunications: “He is truly superb in all aspects of the job. He’s obscenely clever, a great strategist and a superb advocate. He reads the situation perfectly and is a commercially aware perfectionist.”Chambers UK, 2017

      New silk in Administrative and Public law:  “At the top of his game but still down to earth and fun.” – Legal 500, 2016

      New silk in EU and Competition:  “A very competent advocate, driven by a tangible passion to achieve a good outcome.” – Legal 500, 2016

      New silk in Environment: “He has a strong ability to get to the nub of the issue, and is a master of complex technical evidence.” – Legal 500, 2016

      New silk in Data protection: “His tactical skills are exceptional, and he is extremely persuasive in the courtroom.” – Legal 500, 2016

      New silk in Telecoms (regulatory): “He incorporates huge amounts of factual information into laser-focused legal arguments.” – Legal 500, 2016

      Environment: Offers “bespoke and tailored advice” to clients who include individuals, companies, campaigning groups and regulators.WHO’S WHO LEGAL (WWL) UK BAR 2016

      Administrative and Public Law: “He is a go-to senior junior on a diverse range of matters and has a genuinely broad practice. He’s a solid advocate and a fantastic backup for any senior silk. He has good judgement and a really good set of barrister skills in terms of analysis and drafting.”Chambers UK, 2016

      Data Protection: “He strikes an enviable balance between being a forceful advocate and a charming one.” “He brings the imagination that’s necessary for the applicant, presents nicely, writes nicely and thinks things through.”Chambers UK, 2016

      Environment Law: “He made spirited submissions that were very persuasive and useful. He is very gutsy as a barrister and is a very animated and powerful advocate.”Chambers UK, 2016

      European Law: “Very, very able and utterly dedicated to securing the best outcome for his clients. He is commercial, adept and fearless in court.”Chambers UK, 2016

      Telecommunications: “Very punchy and very formidable, he’s extremely knowledgeable and has an impressive grasp of European, competition and public law.” Chambers UK, 2016

      ‘‘Can turn his hand to any judicial review.’’ Leading Junior in Administrative and Public Law. Legal 500, 2015

      ‘‘Hardworking, knowledgeable and thoughtful.’’ Leading Junior in EU and Competition Law. Legal 500, 2015

      ‘‘He has detailed knowledge of the law while able to give sound, practical advice.’’ Leading Junior in Environment Law. Legal 500, 2015

      ‘‘He has great recall and is a master of tactics.’’ Leading Junior in Data Protection Law. Legal 500, 2015

      ‘‘He is decisive, forthright and committed to his client’s best interests.’’ Leading Junior in  Telecoms Law. Legal 500, 2015

      Administrative & Public Law: “He is an absolute engine in any case. He’s a good advocate who is a very well-respected senior junior.”Chambers UK, 2015

      Data Protection: “Gerry has an impressive understanding of the area and has shown an amazing grasp of detail in cases dealing with large amounts of highly technical information. He is also a highly effective and cordial cross-examiner.” “He takes an appropriately robust approach.”Chambers UK, 2015

      Environment: “He is bright and pleasant.”Chambers UK, 2015

      European Law: “Hands-on and very straightforward. He doesn’t over-complicate matters.”Chambers UK, 2015

      ‘A balanced practice of traditional claimant and commercial judicial review work.’ Gerry is a recommended leading Junior in Public & Administrative Law – Legal 500, 2014

      ‘Punchy and robust.’ Gerry is a recommended leading Junior in Telecommunications Law – Legal 500, 2014

      Gerry Facenna is recommended as a leading Junior in Environmental Law. Legal 500, 2014

      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

      Education MA (Camb.), LL.B (Edin.)

      Gerry has degrees in law from Cambridge University and Edinburgh University. He was called to the Bar in England & Wales in 2001, Scotland in 2006, and the Bar of Ireland in 2018. He is accredited as a Mediator and Online Mediation Specialist by The Australian Disputes Centre.

      He has served on the Executive Committee of the Bar European Group and the Executive Committee of the Human Rights Lawyers Association and before being appointed to silk in 2016 he was a member of the UK Attorney General’s ‘A’ Panel of Counsel, undertaking complex civil and international work for the UK government. He is registered under the Bar Standards Board Public Access Scheme and can accept instructions direct from businesses and individuals, as well as from solicitors, in-house lawyers and other professionals.

    • Publications

      Gerry is a contributing author to the leading practitioner text Information Rights: Law and Practice (Hart, 2020); 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 contributed a number of articles to the European Human Rights Law Review, De Voil’s, PLC’s Practice Notes on Freedom of Information and Data Protection; the Discrimination Law Association Briefing, and the Competition Law Journal.

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