Gerry Facenna QC

GF Amended
Call 2001 | Silk: 2016
Education
MA (Cantab.), LL.B (Edin.)
Contact the Clerks

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

Gerry Facenna QC is ranked by the legal directories as a leading barrister in: Administrative & Public law, Data Protection, EU & Competition law, Environment and Telecommunications. Chambers & Partners (2016) describes him as “highly respected”; “a forceful advocate and a charming one”; “utterly dedicated to securing the best outcome for his clients”; and “commercial, adept and fearless in court”. The UK Legal 500 (2015) describes Gerry as “a master of tactics”; who “gives sound, practical advice” and “can turn his hand to any judicial review”.

Gerry’s practice covers a wide range of public law, commercial and regulatory matters. He has particular experience of competition and regulatory disputes in the technology, media and telecommunications sectors, data protection and information rights, and human rights. Gerry has advised on almost all aspects of EU law and appeared as an advocate in many cases in the European Court of Justice.

Before being appointed as Queen’s Counsel, Gerry was a member of the Attorney General’s “A” Panel of counsel. He has extensive experience of advising and acting for the government and regulators on public law, regulatory and EU law matters.

  • Administrative & Public law & Human Rights

    “…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 judgment and a really good set of barrister skills in terms of analysis and drafting.Chambers UK, 2016

    “He is an absolute engine in any case.” Chambers UK, 2015

    “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

    “Can turn his hand to any judicial review” Legal 500, 2015

    Gerry acts for claimants and defendants in judicial review cases, statutory appeals and other public law claims before the domestic and EU courts, specialist tribunals and the European Court of Human Rights.

    Cases include:

    • Ismayilova v Azerbaijan, (2016) ECtHR: intervention by the UN Special Rapporteur on freedom of opinion and expression in case concerning the arrest and detention of a well-known investigative journalist
    • Hampshire v The Board of the Pension Protection Fund [2016] EWCA, pending Court of Appeal EU law challenge to the statutory cap on PPF compensation under the Pensions Act 2004
    • R (American Express Company) v HM Treasury & Anr (2016): two challenges by Amex to the application of EU Interchange Fee Regulation and the Second Payment Services Directive
    • Secretary of State for the Home Department v David Davis MP, Tom Watson MP & others [2015] EWCA Civ 1185, pending CJEU: challenge under EU Charter and ECHR to communications data retention laws
    • Zaw Lin & Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB): claim under the Data Protection Act by two Myanmar nationals accused of murder in Thailand
    • R (Long) v Secretary of State for Defence [2015] EWCA Civ 770: investigative duties under Article 2 ECHR; death of service personnel in the Iraq war
    • R (Ordanduu GmbH & Optimus Mobile GmbH) v PhonepayPlus [2015] EWHC 50 (Admin): EU and public law challenge to premium rate telecoms regulator; Francovich damages
    • R (OJSC Rosneft Oil Company) v HM Treasury & others [2014] EWHC 4002 (Admin); [2015] EWHC 248 (Admin): challenge to EU’s sanctions against Russian oil industry
    • R (UK Power Networks Services) v Gas and Electricity Markets Authority [2014] EWHC 3678 (Admin): third party access under the Electricity Act 1989
    • Browning v. Information Commissioner & DBIS [2014] EWCA Civ 1050: use of closed material procedures in proceedings under the Freedom of Information Act
    • R (Bailey & Ors) v London Borough of Brent Council [2011] EWCA Civ 1586: challenge to library closures / discrimination and equality duties
    • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin): equality duties – disability discrimination – EU free movement – licensing
    • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin): producer responsibility – waste electrical and electronic equipment
    • R (Crest Nicholson Plc) v Office of Fair Trading [2009] EWHC 1875 (Admin): competition – collusive tendering – equal treatment and fairness in OFT investigations
    • Eisai Ltd. v National Institute for Health and Clinical Excellence [2007] EWHC 1941 (Admin): challenge to NICE decision on availability of Alzheimers drugs; procedural fairness
  • Competition & regulatory proceedings

    “Very punchy and very formidable, he’s extremely knowledgeable and has an impressive grasp of European, competition and public law.” “He’s very responsive, gets to the heart of commercial issues, and understands how legal issues impact them.” Chambers UK, 2016

    “He is decisive, forthright and committed to his client’s best interests.’’ Legal 500, 2015

    Gerry has acted for large and small businesses, and for many different public bodies, in a variety of contexts, including regulatory investigations, competition litigation, consumer protection disputes, arbitrations, and EU and public law challenges.

    Cases include:

    • BT v Ofcom & Sky (2016): Competition Appeal Tribunal challenge by BT to Ofcom’s removal of the “Wholeasale Must Offer” obligation re Sky Sports channels
    • R (Heathrow Airport Limited) v Office of Raid and Road (2016): challenge by Heathrow Airport to ORR’s decision re charging framework for the Heathrow rail spur
    • R (American Express Company) v HM Treasury & Anr (2016): two challenges by Amex to the application of EU Interchange Fee Regulation and the Second Payment Services Directive
    • Case C-592/14 European Federation for Cosmetic Ingredients (2016): EU ban on animal testing of cosmetics
    • Case T-788/14 MPF Holdings v European Commission & Case T-793/14 Tempus Energy Limited v European Commission (2016): challenges to State aid approval of UK electricity capacity market reforms
    • R (Heathrow Airport Fuel Co. and anr) v Heathrow Airport Limited (2015): public law challenge to Heathrow’s groundhandling licence under EU and public law
    • AB v XY (2015): interim injunction proceedings for relief in support of an arbitration, based on alleged abuse of dominance in a global market
    • R (Ordanduu GmbH & Optimus Mobile GmbH) v PhonepayPlus [2015] EWHC 50 (Admin): EU and public law challenge to premium rate telecoms regulator; Francovich damages
    • R (UK Power Networks Services) v Gas and Electricity Markets Authority [2014] EWHC 3678 (Admin): third party access under the Electricity Act 1989
    • BT v Sky, Ofcom & others [2014] EWCA Civ 133: competition – ex ante regulation – Pay TV sector
    • British Aggregates Association v HM Treasury [2013] EWCA Civ 720: State aid challenge to the UK’s Aggregate Levy
    • T–322/10 Clasado v Commission (2013): direct action – non–authorisation by EU Commission of health claims on foods
    • T–86/10 British Sugar v Commission (2013): direct action – annulment of regulation on calculation of sugar levies
    • Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner–Lambert Company LLC [2012] EWHC 1791 (Pat): challenge to paediatric extension to EU supplementary protection certificate
    • Competition Commission – Movies on Pay TV market investigation (2012)
    • BSkyB Ltd & TalkTalk v Ofcom & BT [2012] CAT: Ofcom charge controls (local loop unbundling and wholesale line rental
    • Ryanair Holdings plc v Office of Fair Trading and IC [EA/2012/0088] (access to information relating to OFT merger investigation)
    • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin): producer responsibility – waste electrical and electronic equipment
    • Crest Nicholson Plc v Office of Fair Trading [2009] EWHC 1875 (Admin): competition – collusive tendering – equal treatment and fairness in OFT investigations
    • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform [2009] CAT 19: challenge to Lloyds / HBOS merger
    • R (Ferndale Foods Ltd) v OFT and Asda (2009): OFT’s application of the Supermarkets Code of Practice
    • Ofcom v Floe Telecom Ltd [2006] EWCA Civ 768: powers of the CAT when remitting to regulator
  • EU Law

    ‘‘Has a broad practice and handles a range of EU mandates. He has significant experience of acting before the ECJ and is often chosen to act on behalf of government bodies. “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

    ‘‘Regularly acts for the government and private parties across a range of EU matters. “Hands-on and very straightforward. He doesn’t over-complicate matters.” Chambers UK, 2015

    ‘‘Has a vast amount of experience spanning the breadth of EU law… “Totally brilliant at European law and lovely to work with.” Chambers UK, 2014

    ‘‘Hardworking, knowledgeable and thoughtful.’’ Legal 500, 2015

    Gerry has extensive experience of advising and litigating on EU law issues before the European and national courts on almost all aspects of EU law, including competition, State aid, free movement, aviation, broadcasting, foodstuffs, labelling, pharmaceuticals, environmental protection, employment rights, information rights, agricultural levies, telecoms, fundamental rights, sanctions, tax, trade and EU international relations. He has acted in more than forty cases before the Court of Justice of the European Union.

    Cases include:

    Before the European Courts:

    • Case C-698/15 Secretary of State for the Home Department v David Davis MP, Tom Watson MP & others: reference from the Court of Appeal re challenge to DRIPA legislation
    • Case C-203/15 Tele2 Sverige: follow-up to Digital Rights Ireland; EU fundamental rights and data retention laws
    • Opinion 2/15: EU external relations: request for opinion from the Commission re competence and content of proposed EU / Singapore Free Trade Agreement
    • C-304/15 Commission v UK: infraction proceedings on Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants
    • C-228/15 Velikova: free movement; expulsion of EU national on public interest grounds
    • C – 72/15 Rosneft: challenge to EU sanctions against Russia; competence of CJEU in relation to CFSP
    • Case C-111/15 Obcina Gorge: Scope of European Agricultural Fund for Rural Development
    • Case C-592/14 European Federation for Cosmetic Ingredients (2016): EU ban on animal testing of cosmetics
    • Case T-788/14 MPF Holdings v European Commission & Case T-793/14 Tempus Energy Limited v European Commission (2016): challenges to State aid approval of UK electricity capacity market reforms
    • C-459/14 Cocaj: free movement rights, registered partnerships
    • C-263/14 Parliament v Council: CFSP decision-making in EU foreign and security policy matters, processing of suspected pirates off the coast of East Africa
    • C-302/14 Commission v Belgium and C-329/14 Commission v Finland: Directive 2010/31/EU on the energy performance of buildings
    • C-236/14 Federación de Servicios Privados del sindicato Comisiones obreras: working time and calculation of travelling time
    • C-219/14 Greenfield: working time and calculation of holiday for part-time workers
    • C-218/14 Singh: free movement rights of divorced third country nationals
    • C-217/14 and C-237/14 Commission v Ireland (2015): Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C–461/13 Bund für Umwelt und Naturschutz Deutschland (2015): Water Framework Directive – environmental objectives for surface water
    • C–240/13 & 241/13 Commission v Estonia (2014): Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C–525/12 Commission v Germany (2014): Water framework Directive – meaning of ‘water services’
    • C–202/13 McCarthy v SSHD (2014): free movement – residence cards – Protocol 21 TFEU
    • C–658/11 Parliament v Council (2014): EU/Mauritius agreement on transfer of suspected pirates – common foreign and security policy – area of freedom, security and justice
    • C–80/12 Felixstowe Dock and Railway Company and Others v HMRC (2014) (corporation tax group relief / freedom of establishment)
    • C–456/12 & 457/12 S and O v Minister voor Immigratie (2014): free movement – family members of EU citizens residing in home Member State
    • C–423/12 Reyes v Migrationsverket (2014): free movement – concept of ‘dependant’
    • C–258/13 Sociedade Agricola v Instituto da Segurança Social, IP (2013): Charter of Fundamental Rights – entitlement to legal aid
    • C–137/12 Commission & Parliament v Council (2013): conditional access Convention – common commercial policy – scope of Article 114 TFEU
    • T–322/10 Clasado v Commission (2013): direct action – challenge to non–authorisation of health claims on foods
    • C–109/13 and 111/13 Commission v Finland (2013): Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C–109/12 Laboratoires Lyocentre (2013): medical devices / medicinal products classification
    • C-540/11 Levy and Sebbag (2012): free movement of capital / double taxation
    • T–86/10 British Sugar v Commission (2013): direct action – annulment of regulation on calculation of sugar levies
    • C–600/10 Commission v Germany (2012): free movement of capital – taxation of dividends and interest paid to pension funds and pension insurance schemes
    • C–342/10 Commission v Finland (2012): free movement of capital – Article 63 TFEU – taxation of dividends paid to non–resident pension funds
    • C–113/10 Zuckerfabrik Jülich / British Sugar (2012): Common Agricultural Policy – sugar and isoglucose – calculation of production levies – exchange rate – award of interest
    • T–210/02 RENV & C–487/06 P British Aggregates v Commission (2012): state aid – environmental levy on aggregates
    • C-294/10 Eglītis and Ratnieks (2011): compensation of passengers in the event of cancellation of a flight
    • C-397/09 Scheuten Solar Technology (2011): freedom of establishment and business taxation
    • T–250/08 Batchelor v Commission (2011): direct action – refusal of access to information relating to Directive 89/552/EEC on television broadcasting activities

    Before the national courts:

    • Hampshire v The Board of the Pension Protection Fund [2016] EWCA, pending Court of Appeal: EU law EU challenge to the statutory cap on PPF compensation under the Pensions Act 2004
    • R (American Express) v HM Treasury & Anr (2016): challenge to EU Interchange Fee Regulation
    • R (Heritage) v SSHD (CoA, 2016): free movement; divorced third country nationals and Article 8 ECHR
    • R (SV (Lithuania)) v SSHD (CoA, 2016): free movement rights and expulsion on public interest grounds
    • SSHD v David Davis MP, Tom Watson MP & others [2015] EWCA Civ 1185, pending CJEU: challenge under EU Charter and ECHR to communications data retention laws
    • ECO Manila v Siew Lan Lim [2015] EWCA: free movement; rights of third country adult family members
    • R (Ordanduu GmbH & Optimus Mobile GmbH) v PhonepayPlus [2015] EWHC 50 (Admin): EU and public law challenge to premium rate telecoms regulator; Francovich damages
    • R (OJSC Rosneft Oil Company) v HM Treasury & others [2014] EWHC 4002 (Admin); [2015] EWHC 248 (Admin): challenge to EU’s sanctions against Russian oil industry
    • Ahmad v SSHD [2014] EWCA Civ 988: EU free movement – requirement for comprehensive sickness insurance
    • R (UK Power Networks Services) v Gas and Electricity Markets Authority [2014] EWHC 3678 (Admin): third party access under the Electricity Act 1989
    • British Aggregates Association v HM Treasury [2013] EWCA Civ 720: State aid challenge to the aggregates levy
    • R (McCarthy) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin): free movement – residence cards – Protocol 21 TFEU
    • Dr Reddy’s Laboratories (UK) Ltd & Anor v Warner–Lambert Company LLC [2012] EWHC 1791 (Pat): challenge to paediatric extension to EU supplementary protection certificate
    • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606: use of exceptions under Environmental Information Directive
    • R (Ivanchenko) v Secretary of State (2011): discrimination against non–EU family members in relation to student fees
    • R (Lunt) v Liverpool City Council & Anr [2009] EWHC 2356 (Admin): EU free movement –licensing
    • Sempra Metals Ltd v Revenue & Anor [2007] UKHL 34: rights under EU law to recover improperly collected tax; restitution and compound interest
  • Environmental Law

    ‘‘Knowledgeable on EU environmental law as well as domestic regulations. He is frequently retained by major environmental charities, and also regularly acts for the Environment Agency. “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 2016

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

    Gerry has been ranked by the legal directories as a leading barrister in environmental law for more than ten years. He continues to advise and act for individuals, companies, campaigning groups, government and regulators on a range of environmental law issues, including cases concerning environmental permitting (including grant of permits, variations, suspensions etc.), producer responsibility schemes, waste incineration, landfill, GM labelling, air and water quality, noise pollution, trade in endangered species, transfrontier shipment of waste, renewables, advertising rules on emissions data, groundwater protection, habitats protection, disposal of radioactive waste, contaminated land, CRC energy efficiency schemes, feed-in tariffs, emissions trading, environmental State aid and Aarhus rights.

    Cases Include:

    • R (Friends of the Earth) v Secretary of State for the Environment, Food And Rural Affairs [2015] EWHC 3283 (Admin): use of pesticides containing neonicotinoids
    • Catfield Fen (2016): three week public inquiry – appeal against Environment Agency decision to refuse water abstraction permits at Catfield Fen, Norfolk
    • C-302/14 Commission v Belgium and C-329/14 Commission v Finland: Directive 2010/31/EU on the energy performance of buildings
    • C–461/13 Bund für Umwelt und Naturschutz Deutschland (2015): Water Framework Directive – environmental objectives for surface water
    • C–525/12 Commission v Germany (2014): Water framework Directive – meaning of ‘water services’
    • R (Kilgour (Cropston Angling)) v Environment Agency (2014): Water Framework Directive compliance – pollution of surface water
    • Southwark Council & Lend Lease v IC [2014] UKUT: disclosure of planning viability assessments –  Aarhus Convention rights
    • SI Green (UK) Ltd v Swansea Friends of the Earth and The Information Commissioner [2013] UKUT 473 (AAC): access to financial information of landfill operators
    • T–210/02 RENV & C–487/06 P British Aggregates v Commission (2012): state aid – environmental levy on aggregates
    • R (Spelthorne BC) v. Environment Agency (2013): variation of environmental permit for waste incinerator to add anaerobic digestion plant, CHP and gasification plant
    • R (European Metal Recycling) v Environment Agency [2012] EWHC 2361 (Admin): Environmental Permitting Regulations – regulation of noise pollution
    • R (ATH Resources plc) v Secretary of State for Energy & Climate Change and others (2012): challenge to the CRC Energy Efficiency Scheme Order and Regulations
    • R (Midland Oil Refinery Ltd) v Environment Agency (2012): challenge to suspension of environmental permit to operate an oil refinery
    • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606: timing of exemptions in FOIA / environmental information proceedings
    • Barry & Vale Friends of the Earth v Environment Agency (2011): challenge to decision to grant an environmental permit for an energy from waste facility
    • R (Charlesworth) v Environment Agency & INEOS (2011): challenge environmental permit to operate an energy from waste facility / need for greenhouse gas emissions permit
    • R (Grundon Waste Management) v Environment Agency (2011): challenge to enforcement action in relation to dust incidents at a hazardous waste landfill
    • R (Yates–Taylor) v Environment Agency & Ors [2010] EWHC 3038 (Admin): Environmental Permitting Regulations persistent organic pollutants – incineration
    • Bath and North East Somerset Council v IC [2010] UKFTT EA/2010/0045: disclosure of planning viability assessments – commercial confidentiality – World heritage site
    • R (Coedbach Action Team Ltd) v Secretary of State for Energy and Climate Change [2010] EWHC 2312 (Admin): challenge to consent for biomass–fuelled generating station / access to justice and protective costs
    • R (Repic Ltd) v Scottish Environment Protection Agency & Anr [2009] EWHC 2015 (Admin): producer responsibility – waste electrical and electronic equipment
    • R (Anti-Waste) v Environment Agency [2007] EWCA Civ 1377: EU landfill Directive
    • R (Greenpeace Ltd) v Secretary of State For Environment, Food & Rural Affairs & Anor [2002] EWCA Civ 1240: CITES Convention; importation of protected species
  • Information Law

     “Highly respected leading junior with extensive experience of representing the Information Commissioner, public authorities and private individuals in information request proceedings. “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

    The architect of an extensive public and EU law practice, he acts extensively for the Information Commissioner, public authorities and private information requesters. Peers view him as being “a shrewd litigator, who is a professional and worthy opponent.” “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

    ‘“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

    ‘‘He has great recall and is a master of tactics.’’ Legal 500, 2015

    Gerry is recognised as one of the leading barristers in data protection and information rights law. He has acted in around fifty cases before the specialist information rights tribunal and in a number of landmark cases in the Upper Tribunal, High Court and Court of Appeal that have shaped data protection and information rights laws. He continues regularly to advise and act for public bodies, for the Information Commissioner and for individual data subjects or corporate information requesters. He has assisted a number of businesses and public bodies in connection with leaks of personal data or other breaches of the Data Protection Act, including in the context of investigations by the Information Commissioner. He is a contributing author to the leading practitioner text Information Rights: Law and Practice (Hart, 2014) and to the Practical Law Company’s Practice Notes on Freedom of Information and Data Protection.

    Cases include:

    • Google v Vidal Hall (Sup Ct, 2016): intervening on behalf of JUSTICE: right to damages under the DPA and right to an effective remedy in EU law
    • Dawson-Damer v Taylor Wessing [2016] EWCA: intervention by the Information Commissioner in proceedings concerning the scope of data controller obligations under the Data Protection Act
    • Case C-203/15 Tele2 Sverige: follow-up to Digital Rights Ireland; EU fundamental rights and data retention laws
    • Secretary of State for the Home Department v David Davis MP, Tom Watson MP & others [2015] EWCA Civ 1185, pending CJEU: challenge to communications data retention laws
    • Zaw Lin & Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB): claim under the Data Protection Act by two Myanmar nationals accused of murder in Thailand
    • Browning v. Information Commissioner & DBIS [2014] EWCA Civ 1050: use of closed material procedures in proceedings under the Freedom of Information Act
    • Peninsula Business Services Ltd v Information Commissioner and SoS for Justice and Lord Chancellor [2014] UKUT 284 (AAC): information provided to courts and tribunals, s. 32 FOIA
    • Southwark Council & Lend Lease v IC [2014] UKFTT: disclosure of planning viability assessments –  Aarhus Convention rights
    • SI Green (UK) Ltd v Swansea Friends of the Earth and The Information Commissioner [2013] UKUT 473 (AAC): access to financial information of landfill operators
    • Ryanair Holdings plc v Office of Fair Trading and IC [2012] UKFTT: information relating to OFT investigation of Ryanair/Aer Lingus merger
    • Birkett (Campaign for Clean Air in London) v Defra [2011] EWCA Civ 1606: timing of exemptions in FOIA / environmental information proceeding
    • Greenwood & Bolton Council v Information Commissioner [2011] UKFTT: disclosure of local councillors’ declarations of interest / personal data
    • T–250/08 Batchelor v Commission (2011): access to information relating to Directive 89/552/EEC on television broadcasting activities
    • Foreign & Commonwealth Office v FCO [2011] UKFTT: leaked diplomatic correspondence – law enforcement exemptions
    • YB v Serious Organised Crime Agency (2011): challenge to processing of personal data by SOCA and Interpol in connection with a challenged Interpol red notice
    • Bath and North East Somerset Council v IC [2010] UKFTT EA/2010/0045: disclosure of planning viability assessments – commercial confidentiality – World heritage site
    • Cabinet Office v Information Commissioner [2010] UKFTT: FOIA – Disclosure of Cabinet Minutes; collective responsibility
    • Bellamy v Information Commissioner & BIS [2010] UKFTT: section 42 FOIA / legal professional privilege
    • R (Home Office & Ministry of Justice) v Information Commissioner [2009] EWHC 1611 (Admin.): ‘meta-requests’ for underlying FOIA data
  • What the Directories Say

    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

    Gerry has degrees in law from Cambridge University and Edinburgh University. He was called to the Bar in Scotland in 2006. He was on the Executive Committee of the Human Rights Lawyers Association between 2003 and 2012 and sits on the Executive Committee of the Bar European Group. Before taking silk he was a member of the Attorney General’s ‘A’ Panel of Junior Counsel to the Crown. He is registered under the Bar Council Public Access Scheme.

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