Gerry Facenna QC

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

+44 (0)20 7405 7211

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Gerry’s practice covers a broad range of commercial, regulatory and public law, acting for both claimants and defendants. He is ranked by the legal directories as a Leading Silk in: Administrative & Public law; Competition law; Data Protection; Environmental law; European law; and IT & Telecoms.

He has been involved in many of the leading cases in those areas in the appellate courts and regularly appears before specialist courts and tribunals, including the Competition Appeal Tribunal, the Information Rights Tribunal, the Investigatory Powers Tribunal and the European Court of Human Rights. He has acted in more than fifty cases before the Court of Justice of the European Union. His clients include businesses, government, regulators, unions, campaigning groups and individuals.

Before being appointed as Queen’s Counsel, Gerry was a member of the Attorney General’s “A” Panel of Counsel, undertaking complex civil and EU work for UK government departments. He continues to advise and act for regulators and other public bodies, and regulated businesses, across a broad range of administrative and regulatory work. He has particular expertise in: competition and state aid; consumer rights; data protection and privacy; energy market regulation; environmental regulation; human rights; telecommunications regulation; and transport / aviation.

The most recent editions of Chambers & Partners (UK Bar) describe him as “a delightful advocate; tough, focused and engaging”, who is “always calm and collected in difficult cases”, “understands the motivations and passions of clients” and “can turn his hand to pretty much anything”. The Legal 500 (UK Bar) describes Gerry as “an incisive and tactical thinker” who is “a master of complex technical evidence” and “extremely persuasive in the courtroom”. Gerry was shortlisted for “Public Law Silk of the Year” at the 2018 Legal 500 Awards.

  • Administrative & Public Law & Human Rights

    He has incredible 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

    Always calm and collected in difficult cases.” “Very clear presentation: he doesn’t take unnecessary points…Chambers UK, 2017

    It’s unusual to be so good in every stage of advocacy.Legal 500, 2017

    Can turn his hand to any judicial reviewLegal 500, 2015

    Gerry is recognised as a public law specialist, advising and acting for claimants, defendants and interested parties in all manner of judicial review claims, statutory appeals and other public law claims before the domestic and EU courts, specialist tribunals and the European Court of Human Rights. He is particularly in demand for cases involving commercial/regulatory issues, data protection, environmental law, and any aspect of constitutional or EU law.

    Cases include:

    • R (Liberty) v. Secretary of State for the Home Department (Admin Court 2018): crowd-funded human rights challenge to the Investigatory Powers Act 2016
    • R (American Express) v. HM Treasury [2018] WLR(D) 72: challenge by Amex to the validity of the EU Interchange Fee Regulation and Second Payment Services Directive
    • WASPI v. DWP – Women Against State Pension Inequality (2018): challenge on behalf of women born in the 1950s adversely affected by changes to State Pension Age laws
    • R (Tom Watson MP and David Davis MP) v. Secretary of State for the Home Department [2018] EWCA Civ 70: challenge by two MPs to the Data Retention and Investigatory Powers Act 2014
    • OOO Flavus v. Russia (ECtHR 2018): European Court of Human Rights intervention by alliance of privacy and free speech NGOs concerning blocking of allegedly extremist websites by the Russian authorities
    • Hampshire v. Board of the Pension Protection Fund [2016] EWCA Civ 786, pending CJEU: challenge by pensioners to the statutory cap on PPF compensation under the Pensions Act 2004
    • R (OJSC Rosneft Oil Company) v. HM Treasury; Secretary of State for Business, Innovation, and Skills; Financial Conduct Authority [2018] QB 1: challenge to EU sanctions on Russia
    • R (Heathrow Airport Limited) v. Office of Road and Rail, DfT and TfL [2017] EWHC 1290 (Admin): ORR’s decision on Heathrow’s ability to levy charges on Crossrail trains
    • R (LB Hillingdon, Greenpeace & Others) v. SoS for Transport & Heathrow Airport [2017] EWHC 121 (Admin): challenge to Heathrow third runway by local authorities and Greenpeace
    • Privacy International v. Secretary of State For Foreign & Commonwealth Affairs & Ors [2017] UKIPTrib, (pending CJEU): challenge to the acquisition and use of bulk communications by the security and intelligence agencies
    • R (Gina Miller and others) v. SoS for Exiting the EU [2017] UKSC 5: Supreme Court constitutional challenge to the Government’s intention to leave the EU in the absence of an Act of Parliament
    • Ismayilova v. Azerbaijan (ECtHR 2016): intervention by UN Special Rapporteur in case concerning the arrest and detention of an investigative journalist
    • R (Long) v. Secretary of State for Defence [2015] EWCA Civ 770: investigative duties under Article 2 ECHR; death of service personnel in Iraq
    • 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
    • R (William Hill Organisation Ltd v. Horserace Betting Levy Board & Ors [2012] EWHC 2039 (Admin): application of Horserace Betting Levy to customers of online betting exchanges
    • R (Crest Nicholson Plc) v. Office of Fair Trading [2009] EWHC 1875 (Admin): competition – collusive tendering – equal treatment and fairness in OFT investigations
    • R (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
  • Commercial Regulation, Competition and Telecoms

    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

    He is truly superb in all aspects of the job. He’s obscenely clever, a great strategist and a superb advocate…Chambers UK, 2017

    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

    …combines gravitas and intellect with an amiable manner.” Legal 500, 2017

    A very competent advocate, driven by a tangible passion to achieve a good outcome.” “He incorporates huge amounts of factual information into laser-focused legal arguments.Legal 500, 2016

    Gerry advises and acts for large and small businesses, and many regulators and public bodies, in a variety of contexts, including regulatory investigations and enforcement appeals, competition disputes and damages claims, commercial arbitration, and EU and public law challenges.

    Cases include:

    • Uber v. TfL (2018): appeal by Uber against the decision of TfL to revoke its operating licence in London
    • D v. X (2018): Claim for abuse of dominant position, including excessive pricing.
    • Trucks cartel (2018): Collective damages action by members of the Freight Transport Association following EU Commission findings on trucks cartel
    • R (American Express) v. HM Treasury [2018] WLR(D) 72: challenge by Amex to the validity of the EU Interchange Fee Regulation and Second Payment Services Directive
    • Competition & Market Authority investigation into care home charges: advising in relation to CMA investigation into charges and unfair consumer terms in residential care home contracts
    • Bittar v. FCA (2018): Manipulation of EURIBOR benchmark rate
    • MPF Holdings v. European Commission; Tempus Energy Limited v. European Commission (2018 CJEU): challenges to State aid approval of UK electricity capacity market reforms
    • R (Heathrow Airport) v. Office of Road and Rail, DfT and TfL [2017] EWHC 1290 (Admin): challenge by Heathrow to the ORR’s decision on Heathrow’s ability to levy charges on Crossrail
    • BT v. Ofcom & Sky [2016] CAT 25: Competition Appeal Tribunal challenge by BT to Ofcom’s removal of the “Wholesale Must Offer” obligation in the Pay TV market
    • Ofcom Review of Additional Charges (2016): Advising in relation to review of additional charges on consumers for payment by non-direct debit, and other penalties.
    • AB v. XY (2015 Commercial Court): interim injunction for relief in support of an arbitration, based on alleged abuse of dominance in a global communications 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 (Heathrow Airport Fuel Co) v. Heathrow Airport Limited (2015 Admin): challenge to terms of Heathrow’s groundhandling licence and bylaws
    • BT v. Sky, Ofcom & others [2014] EWCA Civ 133: appeal against CAT’s overturning of Ofcom’s ex ante regulation of the Pay TV sector
    • R (UK Power Networks Services) v. Gas and Electricity Markets Authority [2014] EWHC 3678 (Admin): third party access under the Electricity Act 1989
    • Deutsche Bank v. Unitech [2013] EWCA Civ 1372: LIBOR manipulation claims and competition law
    • British Aggregates Association v. HM Treasury [2013] EWCA Civ 720: State aid challenge to the UK’s Aggregate Levy
    • British Sugar v. Commission (2013 CJEU): annulment of EU regulation on calculation of sugar production 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 in Pay TV market investigation (2012)
    • BSkyB Ltd & TalkTalk v. Ofcom & BT [2012] CAT: Ofcom regulated charge controls (local loop unbundling and wholesale line rental)
    • R (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 [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
    • Sempra Metals Ltd v. Revenue & Anor [2007] UKHL 34: right to recover improperly collected tax; restitution and compound interest
    • Eisai Ltd. v. National Institute for Health and Clinical Excellence [2007] EWHC 1941 (Admin): challenge to NICE decision on availability of Alzheimers drugs
    • Ofcom v. Floe Telecom Ltd [2006] EWCA Civ 768: powers of the CAT when remitting to regulator
  • Data Protection, Privacy & Information Law

    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

    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

    Highly respected… 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

    ‘‘Very focused and hardworking.’’Legal 500, 2017

    His tactical skills are exceptional, and he is extremely persuasive in the courtroom.Legal 500, 2016

    Gerry is recognised as one of the leading barristers in data protection, privacy and information rights law. He has been involved in a number of landmark cases in the Upper Tribunal, High Court, Court of Appeal and European Court, which have shaped EU and UK data protection and information laws. He has appeared in around fifty cases before the specialist information rights tribunal and regularly acts for the Information Commissioner, for public bodies and for individual data subjects or corporate information requesters. He has assisted a number of businesses and public bodies in connection with breaches of the Data Protection Act, and advised on data protection class actions. He also has particular expertise in environmental information and rights under the Aarhus Convention. Gerry 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. CNIL (pending CJEU): intervention by eight international privacy and free expression NGOs in Google’s appeal on the scope of the “right to be forgotten” and whether it applies to Google’s worldwide search results
    • R (Liberty) v. Secretary of State for the Home Department (Admin Court 2018): crowd-funded human rights challenge to the Investigatory Powers Act 2016
    • Ministerio Fiscal (pending CJEU): application of EU fundamental rights and e-privacy laws to use of communications data in criminal justice
    • ZZZ v. Metropolitan Police & MoJ (High Court, 2018): data protection and Article 8 ECHR damages claim in respect of data breaches by the Met Police and MoJ in relation to a person in witness protection
    • R (Tom Watson MP & David Davis MP) v. Secretary of State for the Home Department [2018] EWCA Civ 70 (CJEU 2016): challenge by two MPs to the Data Retention and Investigatory Powers Act 2014
    • OOO Flavus v. Russia (ECtHR 2018): European Court of Human Rights intervention by alliance of privacy and free speech NGOs concerning blocking of allegedly extremist websites by the Russian authorities
    • Bergen v. Lewisham Borough Council & Information Commissioner (Information Tribunal, 2017): access to documents concerning compulsory purchase and redevelopment around Millwall Football Club
    • Willow v. Information Commissioner & Ministry of Justice [2017] EWCA Civ 1876: relevance of Convention on the Rights of the Child to information rights regime
    • Department for Business, Energy And Industrial Strategy v. Information Commissioner & Henney [2017] EWCA Civ 844: leading authority on meaning of “environmental information” under EIR 2004
    • Privacy International v. Secretary of State For Foreign & Commonwealth Affairs & Ors [2017] UKIPTrib, (pending CJEU): challenge to the acquisition and use of bulk communications by the security and intelligence agencies
    • Tele2 Sverige (2016 CJEU); [2017] QB 771: CJEU judgment on EU fundamental rights and communications data regimes
    • Dawson-Damer v. Taylor Wessing [2017] EWCA Civ 74: intervention by the Information Commissioner in proceedings concerning the scope of data controller obligations under the Data Protection Act
    • 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
    • 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: reliance on multiple exemptions in FOIA / environmental information proceedings
    • Greenwood & Bolton Council v. Information Commissioner [2011] UKFTT: disclosure of local councillors’ declarations of interest / personal data
    • Batchelor v. Commission (2011 CJEU): EU rights of 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
  • European Law, International Law and Trade

    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

    He reads the situation perfectly and is a commercially aware perfectionist. I would not want to be against him.Chambers UK, 2017

    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

    An incisive and tactical thinker Legal 500, 2017

    A very competent advocate, driven by a tangible passion to achieve a good outcome.Legal 500, 2016

    Gerry has extensive experience of advising and litigating before the European courts on almost all aspects of European law, including competition, state aid, free movement, broadcasting, foodstuffs, labelling, pharmaceuticals, environmental protection, employment rights, information rights, agricultural levies, telecoms, sanctions, tax, trade and EU external relations. He has acted in more than fifty cases before the Court of Justice of the European Union, including many cases before the Grand Chamber. Gerry has also acted for claimants, states and interveners before the European Court of Human Rights and in challenges to the decisions of other international bodies such as Interpol. Gerry is currently advising a number of individuals, businesses and public bodies on Brexit-related issues. He acted for the crowd-funded “People’s Challenge” litigants in the Supreme Court case on the triggering of Article 50 TEU.

    On EU trade and external relations, Gerry has appeared in the EU Court of Justice in the following cases:

    • Opinion 2/15 (EU/Singapore Free Trade Agreement): EU external relations, validity of EU/Singapore free trade agreement and EU exclusive competence
    • C-72/15 Rosneft: justiciability of EU Common Foreign and Security Policy decisions; EU sanctions regime
    • C-263/14 Parliament v. Council: EU/Tanzania agreement – decision-making in EU foreign and security policy
    • C–137/12 Commission & Parliament v. Council: EU common commercial policy and competence to sign Conditional Access Convention
    • C–658/11 Parliament v. Council: EU/Mauritius agreement – decision-making in EU foreign and security policy

    Other cases before the European Court in which Gerry has acted for claimants, interveners, or for the United Kingdom, include:

    • C-623/17 Privacy International: application of EU data protection laws in the field of national security
    • C-507/17 Google v. CNIL: scope of the “right to be forgotten” under EU data protection laws
    • C-17/17 Hampshire: EU Insolvency Directive – pension rights of employees of insolvent companies
    • C-304/16 and C-643/16 American Express: application of EU Interchange Fees Regulation and Second Payment Services Directive to three-party card schemes
    • C-207/16 Ministerio Fiscal: application of data retention and e-privacy laws in criminal justice sphere
    • C-203/15 Tele2 Sverige: fundamental rights and communications data regime
    • C-304/15 Commission v. UK: infraction proceedings concerning limitation of emissions from large combustion plant
    • C-228/15 Velikova: free movement; expulsion of EU national on public interest grounds
    • C-111/15 Obcina Gorge: Scope of European Agricultural Fund for Rural Development
    • C-592/14 European Federation for Cosmetic Ingredients: EU ban on animal testing of cosmetics
    • T-793/14 Tempus Energy Limited v. European Commission: challenge to State aid approval of UK electricity capacity market reforms
    • C-459/14 Cocaj: free movement rights, registered partnership
    • C-302/14 Commission v. Belgium and C-329/14 Commission v. Finland: Directive 2010/31/EU on the energy performance of buildings and Commission’s infraction powers
    • C-236/14 Federación de Servicios Privados del sindicato Comisiones obreras: working time and calculation of workers’ 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: 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: Water Framework Directive – environmental objectives for surface water
    • C-240/13 & 241/13 Commission v. Estonia: Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C-525/12 Commission v. Germany: Water framework Directive – meaning of ‘water services’
    • C–202/13 McCarthy v. SSHD: free movement – residence cards – Protocol 21 TFEU
    • C–80/12 Felixstowe Dock and Railway Company: corporation tax group relief / freedom of establishment
    • C–456/12 & 457/12 S and O v. Minister voor Immigratie: free movement – family members of EU citizens residing in home Member State
    • C–423/12 Reyes v. Migrationsverket: free movement – concept of ‘dependant’
    • C–258/13 Sociedade Agricola v. Instituto da Segurança Social, IP: Charter of Fundamental Rights – entitlement to legal aid
    • T–322/10 Clasado v. Commission: direct action – challenge to non–authorisation of health claims on foods
    • C–109/13 and 111/13 Commission v. Finland: Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C–109/12 Laboratoires Lyocentre: medical devices / medicinal products classification
    • C-540/11 Levy and Sebbag: free movement of capital / double taxation
    • T–86/10 British Sugar v. Commission: direct action – annulment of regulation on calculation of sugar levies
    • C–600/10 Commission v. Germany: free movement of capital – taxation of dividends and interest paid to pension funds and pension insurance schemes
    • C–342/10 Commission v. Finland: free movement of capital – Article 63 TFEU – taxation of dividends paid to non–resident pension funds
    • C–113/10 Zuckerfabrik Jülich / British Sugar: 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: state aid – environmental levy on aggregates
    • C-294/10 Eglītis and Ratnieks: compensation of passengers in the event of cancellation of a flight
    • C-397/09 Scheuten Solar Technology: freedom of establishment and business taxation
    • T–250/08 Batchelor v. Commission: refusal of access to information relating to Directive 89/552/EEC on television broadcasting activities
  • Energy & 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

    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

    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 is very gutsy as a barrister and is a very animated and powerful advocate.Chambers UK, 2016

    He is authoritative in his advocacy and easily assimilates technical issues.’’ Legal 500, 2017

    He has a strong ability to get to the nub of the issue, and is a master of complex technical evidence.Legal 500, 2016

    Gerry has been ranked by the legal directories as a leading barrister in environmental law for more than a decade. He advises and act for companies, individuals, campaigning groups, government and regulators on a range of environmental and energy issues, including cases on environmental permitting, producer responsibility, waste management, air and water quality, noise pollution, transfrontier shipments, renewables, hydraulic fracturing; habitats protection, contaminated land, energy efficiency schemes, feed-in tariffs, emissions trading, environmental state aid and Aarhus rights.

    Gerry has been involved in a number of cases concerning the regulation of electricity, gas and water markets. His recent work includes advising UK regulators on: the introduction of a database of disengaged energy consumers following the CMA’s energy market investigation; changes to the rules on the use of data from ‘smart meters’; implementation of Regulation (EU) 2015/1222 on capacity allocation and congestion management; and competitive tendering of onshore transmission assets.

    Cases include:

    • T-793/14 Tempus Energy Limited (2018 CJEU): challenge to State aid approval of UK electricity capacity market reforms and applicability to demand side response operators
    • Department for Business, Energy and Industrial Strategy v. Information Commissioner & Henney [2017] EWCA Civ 844: UK smart meter programme and scope of “environmental information”
    • Swansea Bay Tidal Energy Facility – Welsh Government policy and proposals for tidal energy projects
    • R (OJSC Rosneft Oil Company) v. HM Treasury [2018] QB 1: Sanctions on Russian oil industry; definitions of shale oil projects
    • R (LB Hillingdon, Greenpeace & Others) v. SoS for Transport & Heathrow Airport [2017] EWHC 121 (Admin): challenge to Heathrow third runway on air quality grounds
    • C-304/15 Commission v. UK: infraction proceedings concerning emissions from large coal combustion plant
    • Catfield Fen (2016) – statutory appeal against Environment Agency decision to refuse water abstraction permits at Catfield Fen, Norfolk
    • 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
    • C-302/14 Commission v. Belgium and C-329/14 Commission v. Finland: Directive 2010/31/EU on the energy performance of buildings
    • R (UK Power Networks Services) v. Gas and Electricity Markets Authority [2014] EWHC 3678 (Admin): third party access under the Electricity Act 1989
    • Cuadrilla – first applications for commercial hydraulic fracturing permits
    • C-217/14 and C-237/14 Commission v. Ireland: 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: Water Framework Directive – environmental objectives for surface water
    • C-240/13 & 241/13 Commission v. Estonia: Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • C-525/12 Commission v. Germany: Water framework Directive – meaning of ‘water services’
    • C–109/13 and 111/13 Commission v. Finland: Directive 2009/72/EC (internal market in electricity) and Directive 2009/73/EC (internal market in gas)
    • T–210/02 RENV & C–487/06 P British Aggregates v. Commission: state aid – environmental levy on aggregates
    • R (Kilgour (Cropston Angling)) v. Environment Agency (2014 Admin): Water Framework Directive compliance – pollution of surface water
    • 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: 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
    • 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
  • What the Directories Say

    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

    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 will be called to the Bar of Ireland in 2018. He is on the Executive Committee of the Bar European Group and sat on the Executive Committee of the Human Rights Lawyers Association between 2003 and 2012. 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 and can therefore accept instructions direct from businesses and individuals, as well as from solicitors, in-house lawyers and other professionals.

    Gerry is a contributing author to the leading practitioner text Information Rights: Law and Practice (Hart, 2014, new edition forthcoming 2018); 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 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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