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Hugh Whelan

Call: 2022

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    Education

    BA Hons, DipLang (Melbourne); BA Law, LLM International Law (Cambridge)

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    Introduction

    Hugh practises across all of Chambers’ core areas of expertise. He is ranked in Chambers UK as “up and coming” in Competition Law, where he is described as “super bright”, “hardworking”, and “very much a team player.” Current and recent instructions include:

    • Competition: Acted successfully for First MTR in the ‘Gutmann: Boundary Fares’ class action; acting for Kelkoo and Ciao in the ongoing ‘UK Shopping’ damages actions; acted successfully for PRS in the ‘Rowntree: Performing rights royalties’ CPO application.
    • Public: Acting for various claimants in their claims against the Home Office arising from the TOEIC English test scandal; acting for various former employees of the British armed forces in relation to their applications to relocate to the UK following the fall of Kabul.
    • Information: Acted for a private individual in his damages claim against the Ministry of Justice alleging breaches of the DPA and GDPR, misuse of private information, and breach of confidence; acting for the ICO in various FOIA and EIR proceedings.
    • International: Intervened for Amnesty International and Human Rights Watch in R (Al Haq) v Secretary of State for Business and Trade, in relation to the granting of licences for the export of military equipment to Israel.

    Previously, Hugh was a Research Assistant at Cambridge University, and worked with various legal NGOs in the UK and abroad. He read law at Cambridge, obtaining a Senior Status BA and LLM in International Law (both first-class, Clive Parry Prize for top overall mark in the LLM in International Law). He also holds a BA (Hons) in English Literature and Diploma in Languages (both first-class) from Melbourne University.

    • News
    • Competition, consumer & regulatory

      Hugh’s practice encompasses the breadth of Chambers’ competition litigation work. He acts for both claimants and defendants.

      Cases

      Collective proceedings include:

      • Gutmann: Boundary Fares [2025] CAT 64: Acted for First MTR in its successful defence of the second opt-out collective proceedings brought to trial (led by Tim Ward KC and James Bourke).
      • Rowntree: Performing rights royalties [2025] CAT 49: Acted successfully for PRS in its CPO defence concerning its allocation of music royalties (led by Meredith Pickford KC).
      • AGC: Ad Tech: Acting for AGC in its CPO application relating to the online display advertising market (led by Mark Brealey KC and Nicholas Khan KC).
      • BBA: UK accommodation claim: Acting for BBA in its CPO application concerning alleged anti-competitive conduct by Booking.com (led by Robert Palmer KC and Alan Bates).
      • Roberts: Water practices: Acting for Anglian Water in class action concerning the provision of sewerage services (led by Paul Harris KC and Anneliese Blackwood).
      • Various pre-action and advisory matters on a confidential basis.

      Standalone/follow-on damages actions include:

      • UK Shopping Proceedings: Acting for Kelkoo and Ciao in their damages claim relating to the market for Comparison Shopping Services (led by Philip Moser KC and others).
      • Lenzing v Westlake: Acting for Lenzing in its standalone cartel claim relating to the alleged manipulation of price indices for caustic soda (led by Michael Armitage and Ciar McAndrew).
      • Epic Games v Google: Acted for Epic Games in its claim relating to the Google Play Store (led by Daisy Mackersie and others).
      • Second Wave Trucks Proceedings: Acted for various Claimants in their damages claims arising from the Trucks cartel (led by Alan Bates).

      Regulatory experience includes:

      • Re Thames Water [2025] EWHC 338 (Ch): Acted successfully for Thames Water in respect of competition law allegations arising from its application for the Court to sanction its proposed restructuring plan (led by Philip Moser KC and others).
      • Advising a private entity about the post-Brexit regulatory framework surrounding interconnectors (unled).
      • Prior to joining the Bar, Hugh worked as a Research Assistant to Professor Catherine Barnard in respect of various regulatory matters, including the regulation of “freeports”, which was presented as evidence to the House of Lords.

      Hugh also maintains an active advisory practice (both led and unled), and has advised public and private entities on a range of competition / regulatory matters, including abuse of dominance, cartel risks, regulatory constraints on public or quasi-public bodies, and prospective mergers.

      During pupillage, Hugh assisted on matters including Servier (pay for delay) [2023] EWCA Civ 763, The Durham Company Limited v Durham County Council [2023] CAT 50 (the first review application under the Subsidy Control Act 2022), the Ro-Ro follow-on damages claim, Merchant Interchange Fee Umbrella Proceedings, the Heathrow price control appeal, the NOx Emissions Group Litigation, GLOBAL-365 v PayPoint [2026] CAT 43, and various advisory matters, including for the government on the regulatory implications of proposed policies.

    • Public & human rights

      Hugh accepts instructions in all areas of public law and human rights.

      Cases

      Current and recent instructions include:

      • NX v Ministry of Justice: Acting successfully for a former Afghan interpreter for the British armed forces in relation to his application to relocate to the UK following the fall of Kabul (led by Azeem Suterwalla KC).
      • TOEIC litigation: Acting for various Claimants in their separate damages actions against the Government arising from the TOEIC English test scandal (led by Nikolaus Grubeck, Julianne Kerr Morrison and others).
      • Acting for a private vehicle company in respect of its complaint relating to local regulatory conditions (unled).
      • Pre-action confidential matters in the area of human rights law.

      Hugh is also a member of the UK Attorney General’s Junior Junior Scheme and regularly acts for government bodies as sole counsel.

      Previously, Hugh gained experience in various areas of public law, including immigration law (as a paralegal for five years at Refugee Legal in Australia), education law (as a volunteer legal advisor at IPSEA), and human rights law (as a legal advisor at Advocacy Forum in Nepal). He also maintains a keen interest in academic public law, having worked as a Research Assistant on various public law projects, including the twelfth edition of Wade & Forsyth’s Administrative Law and a proposal to reform social security appeals.

      During pupillage, Hugh assisted on a wide range of matters concerning public law and human rights, including:

      • Western Sahara Campaign UK v Secretary of State for International Trade & others: challenge to the UK’s bilateral trade agreement with Morocco on the basis of its extension to goods originating from Western Sahara.
      • R (Jagtar Singh Johal) v Foreign Commonwealth and Development Office and Ors: claim brought on the ground that unlawful intelligence sharing by UK intelligence agencies caused or contributed to the claimant facing arbitrary detention, torture and death penalty proceedings in India.
      • R (the3million and Open Rights Group) v Secretary of State for the Home Department and Or: challenge to the lawfulness of the immigration exemption contained in the Data Protection Act 2018, which provides for an exemption from the majority of fundamental data protection rights conferred by the UK GDPR where compliance with those rights is said to prejudice ‘effective immigration control’.
      • R (eBay (UK) Limited) v Secretary of State for Business and Trade): challenge to the lawfulness of a Withdrawal Notice issued to eBay for the sale of an unsafe product on its website.
      • Various matters of an advisory nature to claimants and government bodies, including HM Treasury, the Welsh Government, and the Secretary of State for Education.
    • Data protection & information

      Hugh accepts instructions in all areas of data protection and information law, both as sole and junior counsel. He acts for both Claimants and Defendants and appears frequently in matters listed before the County Court, the FTT and the UT.

      Cases

      Current and recent instructions include:

      • MD v Ministry of Justice: Acting for the Claimant in his damages claim against the Ministry of Justice alleging breaches of the DPA, UK GDPR, misuse of private information, and breach of confidence (led by Nikolaus Grubeck).
      • Tolley v Wincanton: Acting for Wincanton in its ongoing defence of a damages claim under the UK GDPR (unled).
      • Oxford and Cambridge RSA Examinations v Information Commissioner: Acting for the Respondent in a FOIA appeal relating to the ‘commercial interests’ exemption (unled).
      • James A Cowan MBE v Information Commissioner and Home Office: Acting for the Respondent in a FOIA appeal relating to the ‘international relations’ and ‘law enforcement’ exemptions (unled).
      • Acting for the ICO in numerous ongoing substantive matters before the County Court, FTT and UT (unled).
      • Various advisory matters under the Data (Use and Access) Act 2025, UK GDPR, DPA and FOIA.

      During pupillage, Hugh assisted on a wide range of data protection and information matters, including:

      • R (the3million and Open Rights Group) v Secretary of State for the Home Department and Or [2023] EWHC 713 (Admin): challenge to the lawfulness of the immigration exemption contained in the Data Protection Act 2018, which provides for an exemption from the majority of fundamental data protection rights conferred by the UK GDPR where compliance with those rights is said to prejudice ‘effective immigration control’.
      • The ICO, in its £12.7 million fine imposed on TikTok for a number of breaches of data protection law, including failing to use children’s personal data lawfully.
      • Various matters on an advisory basis, including private actions for breaches of the DPA and UK GDPR.
    • International

      Prior to joining the Bar, Hugh studied international law at Cambridge as the Law Faculty’s Arnold Mcnair Scholar in International Law. Hugh graduated from the LLM in International Law with the faculty’s Clive Parry Prize (awarded to the best overall student in the International Law designation of the LLM) and top-of-class marks in International Commercial Litigation, International Investment Law, and Advanced Labour Law (focusing on international labour law). Additionally, he was a General Editor for the Cambridge International Law Journal and a Researcher for the University’s collaborative project with the Inter-American Court of Human Rights.

      Hugh has also spent time working in various fields of international law, including refugee law in Australia and international human rights law in Nepal.

      During pupillage, Hugh assisted on a range of matters with an international element, including:

      • Western Sahara Campaign UK v Secretary of State for International Trade & others: challenge to the UK’s bilateral trade agreement with Morocco on the basis of its extension to goods originating from Western Sahara.
      • Port de Djibouti S.A. v DP World Djibouti FZCO [2023] EWHC 1189 (Comm): Jurisdictional challenge under section 67 of the Arbitration Act 1996 regarding the arbitrator’s determination of the proper construction of the term: “Shareholder”.
      • R (the3million and Open Rights Group) v Secretary of State for the Home Department and Or [2023] EWHC 713 (Admin): challenge to the lawfulness of the immigration exemption contained in the Data Protection Act 2018, which provides for an exemption from the majority of fundamental data protection rights conferred by the UK GDPR where compliance with those rights is said to prejudice ‘effective immigration control’.
    • Public procurement & subsidy control

      Hugh accepts instructions in all areas of procurement and State aid/subsidy control.

      Cases

      Current and recent instructions include:

      • Marston Holdings Ltd v London Borough of Lewisham: Acting for the Claimant in its challenge to a procurement by the London Borough of Lewisham (led by Ligia Osepciu).
      • Advising a public body in relation to urgently exiting its procurement contract (led by Valentina Sloane KC).

      During pupillage, Hugh assisted in the following relevant matters:

      • The Durham Company Limited v Durham County Council [2023] CAT 50: the first case dealing with an application for the review of a subsidy decision under the Subsidy Control Act 2022.
      • Advising various public bodies in relation to public procurement matters.
    • Commercial & sport

      Hugh accepts instructions in all areas of commercial and sport law. He regularly appears as sole counsel in the County Court in commercial law matters.

      Cases

      Current and recent highlights include:

      • Morrison and others v Utmost International: Acting for Utmost International in a number of claims involving allegations of misrepresentation, breach of duty, and dishonest assistance in breach of fiduciary duty (led by William Buck, Harry Gillow, and Alfred Artley).

      During pupillage, Hugh assisted in a range of commercial and sport matters, including:

      • Port de Djibouti S.A. v DP World Djibouti FZCO [2023] EWHC 1189 (Comm): Jurisdictional challenge under section 67 of the Arbitration Act 1996 regarding the arbitrator’s determination of the proper construction of the term: “Shareholder”.
      • A series of arbitrations regarding the apportionment of Olympic funding for athletes by UK Athletics.
      • Various matters on an advisory basis, including advising a private individual about potential human rights challenges to a taxation penalty.
    • Additional information

      Education

      • BVS, City, University of London: Distinction
      • LLM in International Law, University of Cambridge: First Class
      • Senior Status BA in Law, University of Cambridge: First Class
      • BA Honours Program in English Literature, University of Melbourne: First Class
      • BA in English Literature & Philosophy, University of Melbourne: First Class
      • DipLang in Spanish & Latin-American Studies, University of Melbourne: First Class

      Achievements

      • Law Faculty, University of Cambridge: Clive Parry Prize (highest ranked student in International Law designation of LLM); 3VB Prize for International Commercial Litigation; Volterra Fietta Prize for International Investment Law; Top mark in Advanced Labour Law; Arnold McNair Scholarship in International Law; Rebecca Flower Squire Scholarship.
      • Jesus College, Cambridge: Glanville Williams Prize (top mark in college); Russell Vick Prize (distinguished performance on recommendation of Fellows); Jesus College Scholarship (examination results).
      • Hughes Hall, Cambridge: Taylor Harris Scholarship (best international applicant); Burnett Prize (examination results); Harris Award (to fund legal work abroad).
      • Inner Temple: Major Scholarship for Law Conversion; Major Scholarship for BVS; Duke of Edinburgh Entrance Award.
      • Other: Sir John and Lady Sophie Laws Scholarship (BEG); Winner of Cambridge-KCL Varsity Moot; BVS Scholarship (City, University of London); Human Rights Internship Award (Cambridge); Global Scholar Prize (Melbourne).

      Languages

      • Spanish
    • What the directories say

      Up and Coming in Competition: “An up-and-coming junior, Hugh is very bright and quick to learn. His legal writing is clear and persuasive.” “Hugh is a very promising barrister: he’s clever, hardworking and conscientious in his work.” “Hugh Whelan is super bright, very good at drafting and gets his points across on his feet. He’s also very much a team player.” “Hugh Whelan is an excellent junior who displays judgment and sense beyond his years of call. He is diligent and a strong drafter, and a great team member.” “Hugh is a valuable asset on our case. He engages with the detail, and is approachable and easy to work with.”– Chambers UK, 2027

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