Philip is heavily involved in litigation both in the CAT and High Court and regularly advises on proceedings before Ofcom, the Competition Commission, the OFT and the European Commission. He has particular expertise in relation to platform markets, mobile networks (including spectrum issues) and pharmaceuticals.

Cases

• Socrates Limited v Law Society of England and Wales [2017] CAT 10 – successfully acting for the Claimant in an abuse of dominance claim which was the first fast track trial in the CAT.
• Acting for Secretary of State for Health in High Court damages actions concerning breaches of competition law in relation to Gaviscon and Perindopril, and appeared before the European Commission.
• Agents Mutual Limited v Gascoigne Halman Limited: Acting for the Defendant on competition issues referred to the CAT, relating to the effect of contractual terms on the market for online property portals.
• EE Limited v Ofcom: Acting for EE in its successful appeal to the Court of Appeal in judicial review proceedings against Ofcom’s decision raising annual licence fees for mobile spectrum.
• British Telecommunications v Ofcom; Hutchison 3G UK v Ofcom: Acting for BT and EE in their judicial review claim against Ofcom’s decision to impose caps on the award of new mobile spectrum (2.6 and 3.4 GHz), and acting in relation to Hutchison 3G’s parallel judicial review claim.
• British Telecommunications plc v Ofcom; TalkTalk v Ofcom: Acting for TalkTalk in its successful appeal to the CAT against the terms of a price control imposed in Ofcom’s Business Connectivity Market Review (BCMR); acting for TalkTalk, Three, Colt and Vodafone in their intervention in BT’s appeal to the CAT against Ofcom’s BCMR decisions
• Emerald Supplies Limited and others v British Airways: Acting for Korean Air (Part 20 Defendant) in damages action concerning alleged cartelisation of surcharges in the aviation sector (ongoing)
• Terravision Transport Limited v Stansted Airport Limited; R (Easybus Limited) v Standsted Airport Limited: Acting for Stansted Airport in successful defence of abuse of dominance proceedings in High Court, and in successful defence of related judicial review proceedings in Administrative Court.
• British Telecommunications plc v Ofcom [2011] CAT 24, [2012] EWCA Civ 1002, [2014] UKSC 42: Appearing in the CAT, Court of Appeal and Supreme Court for Mobile Network Operators in appeals against Ofcom’s determination of disputes concerning calls to non-geographic numbers
• British Gas v Ofgem: Appeared for British Gas in CAT appeals and reference to the CMA regarding price controls on electricity distribution.
• John Lewis plc v OFT [2013] CAT 7: Appeared for intervener in appeal against the implementation of undertakings in lieu of a reference to the Competition Commission.
• Kier Group PLC and Others v OFT [2011] CAT 3, Interclass PLC v Office of Fair Trading [2012] EWCA Civ 1056; [2012] U.K.C.L.R.304: Junior counsel for OFT in appeals against fines imposed on construction firms for “cover pricing”.
• TalkTalk Group PLC v Ofcom (Court of Appeal, judgment pending): Appeared in Court of Appeal for BSkyB (intervening) in appeal concerning a price control on British Telecommunications plc in relation to wholesale broadband services.
• (1) British Sky Broadcasting Limited and TalkTalk Group PLC and (2) British Telecommunications plc v Ofcom (Local Loop Unbundling) [2013] CAT 8: Acted for Sky and TalkTalk in appeals to Competition Appeal Tribunal and references to Competition Commission.
• Vodafone Limited and Verizon UK Limited v Ofcom: Appeal and reference toCompetition Commission concerning price controls on business leased lines.

Philip has undertaken a wide range of public procurement work, particularly in connection with the health and defence sector. He frequently advises and represents both private parties and authorities.

Cases

• Advising prominent defence contractors regarding the restructuring of a very long term, mulit-billion pound contract with the MoD.
• Advising a provider of supply chain finance in relation to the award of a framework contract.
• SITA v Greater Manchester Waste Disposal Authority, [2010] EWHC 680 (Ch); [2010] 2C.M.L.R. 48 (first instance); [2011] EWCA Civ 156; [2011] T.C.L.R. 3 (on appeal), an action for damages under Public Contracts Regulations 2006.
• Acting for an NHS Trust bidding for the provision of mental health services to a local authority;
• Acting for a charity bidding for the provision of homelessness services to a local authority;
• Advising a supplier of liquid foods bidding for the provision of goods to a consortium of NHS Trusts;

Philip advised and appeared on a range of free movement issues. Recent work includes Barco de Vapor BV and Others v Thanet District Council, judicial review and High Court damages action concerning the movement of live animals through UK ports. Past work has included advising or acting in relation to a criminal prosecution for breach of intellectual property rights and the Video Recordings Act 1984; the supply of biomass for electricity generation; and the operation of television broadcasting legislation.

As regards EU consumer protection law, Philip was seconded to the (then) OFT to work on the investigation of unauthorised overdraft bank charges and has advised consumer regulatory authorities on enforcement work, including Retirement Home Exit Fees. He regularly advises private parties in connection with the application of EU consumer legislation, in particular in the telecoms and finance sectors. Clients have included a major mobile network operator, airlines, exam boards and commercial training providers.

He has also undertaken a wide range of other work with an EC law dimension, including agriculture, freedom of establishment and free movement of persons.

Cases

Philip also advises and appears in general commercial litigation.

Cases

• Acting for sporting body in dispute with sponsor in a claim for breach of contract;
• Appearing for sporting body in arbitration concerning alleged age discrimination and breach of contract;
• Advising online retailer on economic tort claims arising from delisting from online marketplaces;
• Acting for NHS Trusts defending claim for breach of contract with communications services provider;Acting for mobile network operator in debt recovery.
• Infinity Distribution Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWHC 1393 (Ch); [2010] S.T.C. 2258: appeared in High Court for HMRC in debt claim on preliminary issue concerning rights of set off.

Philip appears in both the First-Tier and Upper Tribunals and the Court of Appeal in relation to VAT matters, and previously appeared in the VAT & Duties Tribunal and Chancery Division. He advises on VAT, customs and excise duties issues, particularly where there is a need for specialist EU or human rights expertise.

Cases

• Grattan PLC v HMRC [2009] STC 882, [2011] UKFTT 31 (TC) (ongoing): appeared for HMRC in Tribunal case on availability of compound interest under s 78 VATA 1994
• FJ Chalke Ltd v Revenue and Customs Commissioners [2009] EWHC 952 (Ch), [2009]S.T.C. 2027; [2010] EWCA Civ 313, [2010] S.T.C. 1640: case concerning right to compound interest in EU law.
• John Wilkins (Motor Engineers) Ltd v Revenue and Customs Commissioners [2009] UKUT 175 (TCC); [2009] S.T.C. 2485 (first instance); [2010] EWCA Civ 923; [2010] S.T.C. 2418(appeal on time point); [2011] EWCA Civ 429 (application for reference to ECJ) (ongoing): Appeared for HMRC in leading Tribunal case and further appeals on availability of compound interest under s 78 VATA 1994
• Blackburn v HMRC: Appeal relating to the religious exemption from the obligation to file VAT returns online and rights under Article 8 ECHR.
• Bishop and others v HMRC: Appeal relating to compatibility of online filing with taxpayer’s human rights under Articles 8, 14 and Article 1 Protocol 1 ECHR.
• HMRC v Checkprice (UK) Limited (In Administration): appeared for Defendant in condemnation proceedings in magistrates court in relation to commercial quantities of alcoholic beverages.
• Representing a major charity in partial exemption appeal.

Competition Law: “He’s sensible and drafts very well. His advocacy is very good, and he clearly has that element of trustworthiness that judges like. He will be right at the top of the profession in due course.” – Chambers UK and Chambers Global, 2023

Telecommunications: “Philip Woolfe is extremely bright.” – Chambers UK, 2023

Leading junior in Telecoms (Regulatory) – Legal 500, 2023

Leading junior in Competition – Legal 500, 2023

“Excels as counsel in EU competition and telecommunications disputes, with sources praising his adept handling of large-scale cases.” – Competition, Who’s Who Legal UK Bar 2022

Competition Law: “Cuts through issues very quickly and has the confidence and helpful advice on how to deal with the situation.” “He is so smart and writes very well.” – Chambers UK and Chambers Global, 2022

Telecommunications: “He is a terrific barrister and a rock-solid telecoms expert.” “He rolled up his sleeves and was super helpful.” – Chambers UK, 2022

Leading junior in IT and Telecoms (Regulatory) – Legal 500, 2022

Leading junior in Competition: “Philip is an outstanding senior junior, more than capable of leading on a substantive case. His advice is commercial and practical, he is user-friendly and a team player, and he is a confident performer on his feet.” – Legal 500, 2022

Competition Law: “He is fantastic on the detail and on his feet, and has the gravitas required to hold a court or tribunal’s attention.” “He knows what arguments will work well with the judge and gets to grips with a case to see exactly how it should be handled.” – Chambers UK and Chambers Global, 2021

Telecommunications: “A very quick advocate. who knows the law inside out, and adopts new approaches. He’s responsive, good to work with, and excellent on the technical details.” – Chambers UK, 2021

Leading junior in IT and Telecoms (Regulatory): ‘Makes the most complex of issues easily understandable. One of the most user-friendly barristers around – engaging, bright and practical. Very responsive.’ – Legal 500, 2021

Leading junior in Competition: ‘A star senior junior counsel, renowned for taking on David v Goliath cases and winning against more decorated and senior opponents. Has a mastery of detail and is committed to the client’s cause – leaving no stone unturned. Outstanding work ethic and never found wanting.’ – Legal 500, 2021

Competition Law: “His critical thinking is superb.” “He turns things around quickly, is on top of all of the detail in cases and has good instincts about the right approach to take.” “His direct and clear approach plays well.” – Chambers UK and Chambers Global, 2020

Telecommunications: “Exceptionally bright and incredibly unassuming, he works very hard.” “Certainly knows his stuff and has specialist knowledge of the telecoms area.” – Chambers UK, 2020

Leading junior in Competition: ‘A combative advocate who fights the client’s corner.’ – Legal 500, 2020

Competition Law: “Has very good judgement as to how to approach things and what will play well in court.” – Chambers UK and Chambers Global, 2019

Telecommunications: “He is very accessible and it is great to work with him.” “He is personable and good to get on with.” – Chambers UK, 2019

Leading junior in Competition: ‘Experienced, calm, and very thorough. He is also thoroughly decent and conscientious.’ – Legal 500, 2018

Competition Law: “He is user-friendly, easy to work with and a great team player with a very good understanding of the law.” – Chambers UK, 2018

Telecommunications: “He has excellent intuition in terms of how to play things tactically.” – Chambers UK, 2018

Leading junior in Competition: ‘‘He knows each case inside out and knows what is going to play well with the judge.’’ – Legal 500, 2017

Competition Law: “He is excellent, turns work around very quickly and is on top of all the detail.” – Chambers UK, 2017

Telecommunications: “An absolutely fantastic junior who is extremely bright and knowledgeable about telecoms. He works well with a range of QCs.” “He’s very energetic and turns the paperwork around very quickly.” – Chambers UK, 2017

Competition Law: “He is very helpful on procurement issues.” – Chambers UK & Chambers Global, 2016

Telecommunications: “He has a really good, softly spoken manner which belies his forceful arguments that can be really effective. He’s also quite a considered advocate and people really listen to him.” “Has a great work ethic and is very hands-on.” –  Chambers UK, 2016

Competition Law: “His advocacy is good, and he has the ability to see through a problem and find a way to solve it.” – Chambers UK, 2015

Telecommunications: “He has extremely strong knowledge of telecoms, and can give concise advice very quickly.”  – Chambers UK, 2015

Philip Woolfe is listed as an up & coming Junior in Competition Law: Involved in some high-profile damages claims and abuse of dominance cases, he has recently been doing significant work within the pharmaceutical sector. He is also recognised for his additional expertise in telecoms. “Provides very clear advice and drafting,” he is “highly responsive and extremely clever.” Chambers UK, 2014

“Philip Woolfe is quickly gaining a strong foothold in the competition law market. Sources comment that “he belies his years in terms of knowledge and experience,” and confirm that he is a “very sharp, affable and dedicated person.” His recent work includes NHS v Reckitt Benckiser, a matter in which the NHS is claiming damages against Reckitt Benckiser following on from the OFT decision to fine the company over its Gaviscon supply policy.” Chambers UK, 2013

• 2004-2005 BCL, Oxford University
• 2003-2004 BVC at ICSL, Very Competent
• 2003 Thomas More Scholar, Lincoln’s Inn
• 2003 Oxford University Wronker Prize for Best Performance in Jurisprudence
• 2001-2003 BA (Hons) in Law, Brasenose College, Oxford, First Class
• 1998-2001 BA (Hons) in History, Peterhouse, Cambridge
• 2000 Senior Lady Margaret Ward Scholar, History, Peterhouse

Languages

Philip speaks French, German and Italian.

Professional Memberships

Philip is a committee member of COMBAR and a member of the Competition Law Association, Bar European Group and Procurement Lawyers’ Association.