Jonathan Lewis

Call: 2007 | 2005 (Solicitor)

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    Introduction

    Jonathan has a broad practice with particular focus upon public procurement, administrative law and human rights, consumer law and commercial law.

    Procurement: Jonathan has a busy and wide procurement practice, representing (led and as sole counsel) both claimants and contracting authorities in substantial procurement challenges in a variety of sectors. He has been advising on aspects of the Public Procurement Act 2023.

    He has acted in a number of high profile and high value public procurement claims, such as some of the claims involving urgent procurements undertaken during the Covid-19 pandemic and challenges to the use of framework agreements.

    He is ranked as a leading barrister for Procurement Law in both directories:

    “He is an excellent junior, whos relaxed, collaborative, responsive and open to input” (Chambers UK, 2023)

    “Jonathan is a hard-working and knowledgeable public law practitioner who works for a range of clients” (Legal 500, 2023)

    “Approachability, knowledge and ability to explain legal matters in a commercial context to a lay client” (Legal 500, 2023)

    “Easy to work with, accessible and good team player” (Legal 500, 2023)

    Public Law: Jonathan has substantial experience across a broad spectrum of public law work. He is on the Attorney General’s “A” Panel of counsel. He is instructed in a variety of judicial review claims, many of which have an underlying regulatory thread. He has advised various government departments on wide-ranging issues in respect of number of administrative schemes and legislative proposals. He acts in a variety of statutory appeals (such as immigration civil penalty appeals) and deals with claims under the Human Rights Act 1998. He is ranked as a leading barrister for Administrative Law and Human Rights by the Legal 500.

    Consumer: Jonathan has substantial consumer law experience, having acted for the Competition and Markets Authority in several enforcement actions as well has having advised consumers on a variety of issues under legislation such as the Consumer Rights Act 2015. In 2022, he was instructed by BEIS in what is now the leading case on the scope of enforcement powers under the CRA. Jonathan also has experience of dealing with consumer credit issues under the Consumer Credit Act 1974. He has acted in a variety of consumer finance claims, most recently concerning lending in the motor industry. He is ranked as a leading barrister for Consumer Law:

    “He brings a meticulous eye to consumer cases, and is a really safe pair of hands. He is excellent in court”. (Legal 500, 2024)

    Commercial: Jonathan’s commercial practice primarily covers contractual disputes in a variety of different industry sectors. He acted in a number of public sector contractual disputes which throw up a number of unique issues.

    General Background: Jonathan qualified as a solicitor at Slaughter and May before working at the Court of Appeal for two years, where he had oversight of most public law appeals. He has brought this varied professional experience to his practice at the Bar. He is pro-active and believes in working closely with those instructing him throughout the course of litigation and is always available to discuss any issues that arise.

    Jonathan has published widely in leading academic and practitioner journals, particularly in public law, public procurement, human rights and consumer credit.

    • News
    • Public procurement

      Jonathan is instructed by businesses, local authorities, central government bodies, NHS bodies and the Ministry of Defence. He is often instructed in claims brought by way of judicial review.

      Jonathan has experience in the common procedural issues that arise in claims, such as early disclosure, confidentiality rings, standstill issues and applications to lift the automatic suspension. He publishes regularly on public procurement developments.

      Cases

      • Acting (sole counsel) for an NHS Trust in scoring challenge, which also raises novel questions as to the nature of scoring justification required and as to the abnormally low tender provisions (7-day trial listed for November 2024).
      • Acting (led by Valentina Sloane KC) for a contracting authority defending two claims by international suppliers challenging the award of a multi-billion pound contract. The claims raise novel points about exclusion, causation and mitigation of damages.
      • Acting in an unusual case where the claimant is pursuing damages even though the contracting authority has conceded that its use of a framework agreement was unlawful, and the claimant can compete for the contract.
      • Acted (sole counsel) for an NHS ICB in respect of the “call off” of a software contract off a G-Cloud Framework Agreement where breaches of reg.33 PCR were alleged.
      • Acted (sole counsel) in an procurement claim for an NHS body defending allegations of misfeasance in public office and allegations of unlawful means conspiracy.
      • Acted (sole counsel) for a children’s organisation challenging the procurement of certain services at a contract value which it alleges is unsustainable.
      • Advised a local authority as to the lawfulness of restructuring a concession contract as a services contract to benefit from tax advantages.
      • Advised a government department as to the lawfulness of a direct award of a contract to overhaul its IT infrastructure.
      • Acted (sole counsel) for a SME technology company in respect of a procurement to upgrade a major regulator’s website functionality.
      • Advised a company providing insurance to a particular sector whether it fell within the definition of a contracting authority and could benefit from the Teckal
      • Advised a major medical equipment supplier as to whether it could challenge the exclusion of its bid.
      • Advised as to a challenge to the structuring of a procurement in a way in which unnecessarily disadvantaged certain kinds of tenderers.
      • Acted (led by Rob Williams KC) for three NHS Trusts in a claim challenging the use of clarification questions and examining the scope of reg.56(4) PCR. Waksman J considered the interrelation between applications to lift the automatic suspension and those for expedition.
      • Acted (led by Philip Moser KC) in Developing Assets (UK) Limited (t/a Helioperations) v West Yorkshire Combined Authority, a case concerning the exercise of proportionality in determining whether to accept late bids.
      • Acted (led by Rhodri Williams KC) for NHSE in a claim concerning its refusal to accept a late bid (see application of interim relief – InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC)).
      • Acted (sole counsel) for the Ministry of Defence in a multi-million pound claim in respect of procurement for the provision of a wide range of facility services.
      • Acted (sole counsel) for the Department of Work and Pensions in a claim raising complex and novel questions as to the operation of framework agreements.
      • Acted for an economic operator challenging the award of a substantial waste management contract.
      • Acted (sole counsel) for six Integrated Care Boards to defend the award of a £85m contract for home oxygen services (Air Liquide Healthcare Ltd v NHS West Essex Clinical Commissioning Group).
      • Acted (led by Michael Bowsher KC) in a couple of judicial review challenges to the award of personal protective equipment public contracts during the Covid-19 pandemic.
      • Successfully represented (sole counsel) a company challenging the award of call off contracts on the Big Data & Analytics Framework Agreement.
      • Acted for the Lord Chancellor in respect of various procurement challenges brought by way of judicial review.
      • Advised (sole counsel) a local authority as to its options to re-procure and/or modify an existing waste contract.
      • Acted (as junior counsel) in respect of a challenge to a decision to resume a procurement process after a delay caused by Covid-19.
      • Acted (as junior counsel) for the MOD in defending a claim relation to a decision to rewind a procurement (see strike out decision – MSI Defence Systems Ltd v The Secretary of State for Defence [2020] EWHC 164 (TCC).
      • Successfully acted (sole counsel) for an educational provider in respect of a challenge to the award of a contract on a number of bases.
      • Advised (sole counsel) the government as to an urgent procurement to support the war effort in Ukraine.
      • Acted (led by Sarah Hannaford KC) for the Foreign, Commonwealth, Development Office in a claim in respect of the procurement for a framework agreement for provision of “network integration services” (Vodafone v FCDO [2021] EWHC 2793 (TCC)).
      • Acted (as junior counsel) for one of the companies involved in the emergency procurement of diagnostic software for Covid-19 testing in a substantial.
      • Advised the Department of Transport as to the application of state aid rules in respect of a proposed Covid-19 assistance scheme.
      • Represented (as junior counsel) a county council against a multi-faceted challenge to an award of a complex services contract (raising issues such as abnormally low bids and manifest errors).
      • Instructed by a disappointed tenderer to challenge an NHS trust’s award of contract on the basis that a framework agreement had been misused.
      • Advised (sole counsel) a highways authority as to rewinding a procurement when a procedural error had been identified.
      • Instructed (as junior counsel) to defend judicial review brought in respect of a large procurement exercise conducted by the NHS.
      • Advised a County Council as to contract modifications.
      • Advising the Ministry of Defence in respect of the procurement of a substantial technology related contract.
      • Instructed as sole counsel by an interested party (the winning bidder) in a complex claim against the Secretary of State for Justice.
    • Public / Administrative / Judicial Review

      Cases

      • Acted (led by Lord Anderson KC) in an important judicial review challenging the Office for Product Safety and Standards’ application and interpretation of provisions in the General Product Safety Regulations 2005.
      • Acted for the Department of Work and Pensions defending a judicial review claim challenging the lawfulness of scheme implemented to offer to redress to people potentially deprived of an opportunity to waive certain debts.
      • Acted for DEFRA defending a claim alleging breach of substantive legitimate expectations in respect of a variation to the operation of an agricultural program.
      • Acted (led by Michael Bowsher KC) for a business judicially reviewing of a local authority’s decision that certain spending was ineligible for recovery on the basis that the business had failed to comply with procurement rules in respect of a conflict of interest (R (Cambrian Offshore) v Norfolk County Council [2024] EWHC 1042 (Admin)).
      • Acted in a judicial review claim for a property management company challenging the failure of the Office of Financial Sanction Implementation to amend licences issued under the Russia (Sanctions) (EU Exit) Regulations 2019.
      • Acted for an interested party in a judicial review claim brought against the Energy Ombudsman in respect of how it dealt with various complaints.
      • Joint junior counsel (with Ewan West KC) in the now leading case as to the service of judicial review claims (R (Good Law Project Ltd) v Secretary of State for Health and Social Care (Practice Note) [2022] EWCA Civ 355; [2022] 1 WLR 2339.
      • Advised the Department of Transport in respect of a potential judicial review claim as to the operation of a specific Covid-19 relief programme.
      • Sole counsel in the Court of Appeal in linked appeals in which various provisions of civil penalty scheme were considered (Link Spolka v Secretary of State for the Home Department [2021] EWCA Civ 1830).
      • Instructed (as sole counsel) by the Food Standards Agency in defending a judicial review concerning a challenge to various provisions of a policy dealing with the power to suspend professionals on an interim basis.
      • Led by Sir Alan Dashwood KC in the Supreme Court in defending a judicial review claim concerning the interpretation of a number of EU directives on food safety (R (Independent Association of Meat Suppliers) v Food Standards Agency [2019] UKSC 36 and [2021] UKSC 54).
      • Defending (led) a judicial review brought in respect of a large procurement exercise conducted by the NHS.
      • Instructed (as junior counsel) by the Secretary of State for Transport and Maritime and Coastguard Agency in defending a judicial review of the making of a statutory instrument (raising issues as to the adequacy of consultation and breaches of Article 1 of Protocol 1).
      • Advised in respect of continuing issues arising out the allegedly defective tumble-dryers and a potential judicial review claim concerning the same (led by Monica Carss-Frisk KC and Jemima Stratford KC).
      • Represented the Health and Safety Executive (as sole counsel) in the Court of Appeal in a substantial judicial review concerning the interpretation of a number of EU directives relating to vertebrate studies (R (Chiltern Farm Chemicals) v Health and Safety Executive [2018] EWCA Civ 271; [2018] 1 WLR 3144)
      • Acted (sole counsel) in a judicial review claim brought against the Secretary of State for Transport for failing to comply with the terms of an agreement to investigate various complaints.
      • Advising (sole counsel) and formulating a judicial review claim brought against a local health authority in respect of its failure to follow processes in abandoning a contract (including legitimate expectations).
      • Instructed (as junior counsel) by a manufacturer of tumble dryers in a judicial review brought the Consumer’ Association against the enforcement authority’s conduct.
      • Representing the Attorney General (as sole counsel) in the Divisional Court in applications for civil proceedings orders – AG v Millinder [2021] EWHC 1865 (Admin); AG v Vaidya [2017] EWHC 2152 (Admin); Alexander v AG (Divisional Court) [2016] EWHC 2726 (Admin)
      • Acting is a variety of statutory appeals (such as the clandestine entrant scheme and illegal worker scheme).
      • Acted in a War Pensions Appeal before the Upper Tribunal (DP v Secretary of State for Defence (WP) [2017] UKUT 434 (AAC)).
      • Acted in a variety of prisoner claims in which challenges were made to application of prison rules (such as Rule 39 claims).

      Human Rights Claims 

      Acting in claims as sole counsel concerning:

      • In 2024, acted for the Ministry of Justice defending a claim of religious discrimination in respect of the searching of prisoners when moved between institutions.
      • A claim against a pension provider as to potentially discriminatory entitlement provisions (contrary to art.14 ECHR).
      • A claim against an immigration removal centre is respect of allegedly discriminatory medical treatment (contrary to art.14 ECHR).
      • Article 3 ECHR (torture): Conditions of detention of prisoners.
      • Article 5 ECHR (liberty): immigration claims concerning unlawful detention; the legality of recall to prison.
      • Article 8 ECHR (private life): in a wide variety of contexts, including immigration decisions.
      • Article 9 ECHR (religion): including advising as to certain governmental policy’s compliance. Recent claims include religious discrimination in respect of clothing (Rastafarianism) and the provision of Kosher food.

      Immigration Claims

      • Fresh claims under paragraph 353.
      • Certification under s.94 (unfounded claims).
      • Issues arising out the EEA Regulations 2006 & 2016
      • Certification under s.94B (of human rights claims).
      • Issues arising out of article 8 ECHR (outside the rules, rule 276ADE and Appendix FM)
      • General issues relating to the application of the rules in respect of Tier 2 and Tier 4 visas.
      • Cases dealing with Alvi / Munir.
      • Certification under s.96 (late claims).
      • Issues relating to the Dublin returns.
      • S. 55 of the Borders, Citizenship and Immigration Act 2009 cases.
      • Challenges to automatic deportation.
      • A case concerning the application of the principle of res judicata and the presumption against retrospective legislation
    • Consumer

      Cases

      • Advising an international business defending a potential enforcement action by the Competition & Markets Authority (“CMA”) concerning its pricing and advertising practices, some of which are alleged to be unfair commercial practices.
      • Advising a government department in respect of the CMA’s new direct enforcement powers under the Digital Markets, Competition and Consumers Act 2024.
      • Advised Ofgem (sole counsel) to advise it using its consumer enforcement powers against an energy company allegedly using unfair terms and unfair commercial practices.
      • Represented BEIS (led by Duncan Penny KC) as an intervener in the Court of Appeal on the leading case as to the scope of enforcement action under the Consumer Rights Act 2015 (R v AUH [2022] EWCA Crim 1113); [2023] 1 WLR 106).
      • Instructed (as sole counsel) by the Food Standard Agency in various appeals to the First Tier Tribunal and onward appeal to Upper Tribunal which determined fundamental points of principle (such as whether a regulator can withdraw its decisions after they have been challenged in an appeal) (Trocki v Food Standards Agency [2022] UKUT 159 (AAC))
      • Instructed in 2022 by the CMA in a substantial enforcement action concerning the handling of fake and misleading website reviews (led by standing counsel).
      • Instructed by a leading car manufacturer to advise it as to consumer law issues arising out of the sale of vehicles (in particular, how different national technical requirements related to the requirement of satisfactory quality).
      • Instructed (sole counsel) by a charity to defend a substantial subrogated claim brought by insurers seeking refunds under the Package Travel and Linked Travel Arrangements Regulations 2018.
      • Instructed (as junior counsel) to assist the CMA in investigating and taking enforcement action against those holiday rental companies who were refusing to provide full refunds to customers when contracts were frustrated by the Covid-19 Pandemic.
      • Represented the residents of house boats in a challenge to termination provisions in their mooring agreements.
      • Instructed (as junior counsel) by the CMA to advise as to whether contracts for purpose-built student accommodation had been frustrated by lockdown.
      • Instructed in 2020 by the CMA to advise as to the effect of Covid-19 on wedding contracts and as to its public statement as to cancellation of weddings in light of the pandemic.
      • Instructed (as junior counsel) by the CMA in respect of a potential claim brought under the Enterprises Act 2002 relating to alleged unfair terms (under the Consumer Rights Act 2015) and unfair trading practices in respect of various care homes.
      • Instructed (as junior counsel) by the CMA in respect of a potential claim challenging the fairness of auto-renewal provisions in contracts.
      • Advising in cases under the Consumer Rights Act 2015, Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
      Consumer Finance

      Jonathan acts for both financial institutions (including the major banks and finance houses) and borrowers in a variety of specialist regulated lending, retail banking and financial services matters. He was seconded to one of the major banks in respect of the FCA’s review under s.166 FSMA of interest rate swap mis-selling (consequential loss claims). He was previously seconded to the Financial Conduct’s Authority’s predecessor. He has advised, settled pleadings or acted in the following matters:

      • Advising on the consumer credit and regulatory aspects of a multi-billion pound purchase of credit card debt.
      • Advising and acting in cases raising allegations of unfair relationships (s.140A CCA and Plevin).
      • Successfully acted in a three-day unfair relationship trial in relation to high cost short term lending (upheld on appeal by Nugee J) (Pontearso v Greenlands Trading [2019] EWHC 278 (Ch); [2019] GCCR 17049; [2019] P.T.S.R 1443)
      • Successfully acting in a claim against a bank to achieve rectification of a person’s credit rating with a credit rating agency and securing damages for consequential losses.
      • Jonathan had a brief secondment to the FSA during its transition to the FCA, where he worked on the changes to the consumer credit regime.
      • Acted in a substantial claim brought against a major retail bank raising issues such as “antecedent negotiations” (s.56 CCA) and the s.75 indemnity.
      • Instructed by a major bank in a case concerning the interplay by ss.56 and 140A CCA and whether misrepresentations could give rise to an unfair relationship.
      • Secret commissions and the disclosure of commissions. He has been instructed in substantial matters concerning commission disclosure in the motor industry.
      • Various issues of agency at common law and under the CCA 1974.
      • Breaches of s.138D of the Financial Services and Markets Act 2000.
    • Commercial

      Cases

      • Acting in a multi-million pound dispute concerning the failure of a contractor to deliver respiratory devices to the NHS.
      • Acting in a claim against an international pharmaceutical company arising out of the failure to deliver key equipment on time.
      • Acting in a claim against a hotel group for breach of contract (a claim concerning the interaction between various contractual documents).
      • Seeking an urgent injunction on behalf of an estate agent to prevent former staff from using confidential information in setting up a competing business.
      • Acting in a contractual dispute where a contractor failed to provide communication devices which meet the requisite security standards.
      • Acting (led by Valentina Sloane KC) in a potential dispute at to the operation of a large government facility. The claim raises a number a number of contractual issues, such as the doctrine of waiver.
      • Acted for Johnson and Johnson (as junior counsel) in defending a product liability claims in respect of vaginal mesh products (the Stress urinary incontinence litigation and the Pelvic organ prolapse litigation, both being coordinated case management of a groups of claims).
      • Acting in a substantial dispute arising out of an IT contract raising issues such as mistake, misrepresentation, breach of EU law, failure of consideration
      • Acting for an insurer in respect of multiple claims concerning defective agricultural equipment.
      • Following Covid-19 pandemic, advising clients as to the doctrine of frustration and the Law Reform (Frustrated Contracts) Act 1943.
      • Instructeds junior by BP (a counsel) in defending claims arising from terrorist attack at oil facility in Algeria, which was listed for a two month trial (John and ors v BP Plc & ors (2018).
      • Advising as to whether a director was automatically released from a personal guarantee given in respect of various business loans when arrangements had been made to release the other guarantors.
      • Instructed (as junior counsel) in respect of significant product liability claims arising out of allegedly defective tumble-dryers.
      • Advising on the consumer credit and regulatory aspects of a multi-billion pound purchase of credit card debt.
    • What the directories say

      Public procurement: The quality of his drafting and pleadings has been excellent, and he takes a pragmatic approach.” “He is very good in procurement and our first choice.” “You can completely trust his judgement and ability to run large-scale litigation.” – Chambers UK, 2024

      Leading junior in Consumer: “He brings a meticulous eye to consumer cases, and is a really safe pair of hands. He is excellent in court.” – Legal 500, 2024

      Leading junior in Public procurement: “A ‘go-to’ procurement junior. He is exceptionally committed, diligent and a real team player.” – Legal 500, 2024

      Leading junior in Admin law and Human Rights – Legal 500, 2024

    • Publications

      Recent Public Procurement Publications

      Recent Public law Publications

      More recent publications are behind a pay wall.

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