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Will Perry

Call: 2018

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    Education

    BA; GDL and BPTC

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    Introduction

    Will joined Monckton as a tenant in October 2019. He has a busy practice in line with Chambers’ expertise, including in commercial, competition, consumer, data protection and privacy, environmental, EU relations, information, procurement, public and regulatory law. He acts for both claimants and defendants, including major businesses, NGOs, regulators, central government departments and individuals in receipt of legal aid.

    From April to November 2020, Will was seconded part-time at the Department for Digital, Culture, Media & Sport, where he advised on a range of public, regulatory, competition and data protection issues concerning media enterprises, online platforms, and emerging technologies.

    In early 2020, he spent 3 months in the Administrative Court as a full-time Judicial Assistant. In this capacity he assisted Supperstone J (Judge in Charge) and other High Court judges with a wide range of both procedural and substantive public law matters, including applications for interim relief and permission to apply, and substantive hearings.

    Will is national security cleared to SC level.

    • News
    • Administrative & public

      Cases

      Recent public law experience includes:

      • R (Richards) v The Environment Agency [2021] EWHC 2501. Will represented the Claimant (with Ian Wise QC and Mike Armitage), a vulnerable five-year-old, in this successful challenge to the Environment Agency’s regulation of a polluting landfill site. The judgment is significant in a number of respects: it clarifies the application of ECHR Article 2 and Article 8 caselaw in air quality/pollution cases, is the first known domestic case to state in explicit terms that reduction in life expectancy may constitute a ‘real and immediate’ risk to life for the purposes of ECHR Article 2, and is thought to be the first judicial review involving the ‘hot-tubbing’ of expert witnesses. For press coverage and a case note, see here.
      • Energy price control appeals. Acting for GEMA (with Daniel Beard QC, Gerry Facenna QC and others) in multiple appeals against its RIIO-2 energy price control decisions.
      • R (SC) v London Borough of Redbridge. Acting for the Claimant (with Ian Wise QC) in a complex housing, social care and education judicial review, which includes ECHR Article 2 ‘right to life’ issues.
      • Mathias v Secretary of State for Health and Social Care & NHS England. Acting for the Claimant (with Ian Wise QC) in a systemic challenge to the NHS Continuing Healthcare (CHC) funding system.
      • Aarhus Convention Compliance Committee complaint. Acting for WWF (with Kate Cooke and Anita Davies) in a proposed complaint to the ACCC on the lack of public participation in the negotiation and ratification of Free Trade Agreements.
      • Testbiotech v EU Commission. Acting for Testbiotech (with Kassie Smith QC and Cliodhna Kelleher) in an Aarhus Regulation challenge to the Commission’s decision to grant Monsanto market authorisation to import genetically engineered maize and soybeans.
      • Bechtel v HS2 ((No.2) Costs of the interested party) [2021] EWHC 640 (TCC). Will acted for the Interested Party (with Anneliese Blackwood) in this significant ruling on interested parties’ costs.
      • R (Lawstop) v Lord Chancellor. Acting for the Claimant (with Azeem Suterwalla) in a successful judicial review of the Legal Aid Agency’s application of its Standard Civil Contract and alleged discrimination by association in a community care context.
      • R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin). Judicial review (for the Claimant, with Alan Bates) – on grounds of consistency with the Unfair Commercial Practices Directive, proportionality, and irrationality – of the ASA’s decision that efficacy claims made in adverts for medical devices were unsubstantiated.

      Recent advisory work includes:

      • Telecoms (Security) Bill. Advising DCMS (with Robert Palmer QC) on various aspects of the new framework to strengthen the security of the UK’s telecoms networks in advance of the Bill receiving Royal Assent.
      • Alternative exam arrangements for 2020 and 2021. Advising Ofqual (with Gerry Facenna QC and Nik Grubeck) on public law and data protection issues arising out of the alternative arrangements prompted by the pandemic.
      • Secondment at DCMS. From April to November 2020, Will was seconded part-time at DCMS, where he advised on multiple public and regulatory issues raised by the forthcoming Online Safety Bill (which will introduce a new framework to regulate online platforms and search engines); various public and human rights law issues including the rights of individuals and companies under articles 6, 7, 8, 9, 10 and A1P1 of the ECHR; the application of the E-Commerce Directive to online service providers; public law duties of consultation; and the Secretary of State’s powers under the Inquiries Act 2005.
      • Compensation claims against Central Government departments. Advising (with Anneli Howard QC) on potential A1P1, Francovich and common law damages claims.
      • Pesticides regulation. Advising a well-known environmental NGO on public law challenges to pesticide authorisation decisions made under the UK’s post-Brexit pesticides regime.

      As a full-time Judicial Assistant in the Administrative Court from January to April 2020, Will assisted Supperstone J (Judge in Charge) and other High Court judges on various substantive and procedural matters. The cases he worked on included: Pwr and others v DPP [2020] EWHC 798 (Admin) (Divisional Court case on the interpretation of s. 13(1) of the Terrorism Act 2000 and its compatibility with Article 10 ECHR); R (Banks) v SoS for BEIS (state aid challenge to the government’s renewable energy ‘Contracts for Difference’ scheme); R (X School) v OFSTED [2020] EWCA Civ 594 (Court of Appeal case concerning an application for an interim injunction to prevent publication of an OFSTED inspection report); AR v SSWP [2020] UKUT 165 (AAC) (Upper Tribunal appeal on the interpretative obligation under section 3 Human Rights Act in a social benefits context); R (Morris) v Parole Board [2020] EWHC 711 (Admin) (Divisional Court case on the status of unproven allegations of criminal conduct in Parole Board proceedings); Gladman v SoS for HCLG & Anor [2020] EWHC 518 (Admin) (joint challenges regarding the ‘tilted balance’ in the National Planning Policy Framework); and a number of extradition appeals, including Mallya v Government of India [2020] EWHC 924 (Admin).

      During pupillage, Will assisted on a range of public law matters, including R (Cotter) v NICE [2020] EWHC 435 (Admin) (NICE’s choice of assessment process for a life-changing drug), R (Z and others) v Hackney LBC and Agudas Israel Housing Association [2020] UKSC 40 (lawfulness of a directly discriminatory housing policy), R (Lasham Gliding Society) v Civil Aviation Authority [2019] EWHC 2118 (Admin) (challenge to the CAA’s implementation of air traffic controls), Electronic Collar Manufacturers Association & Anor v SoS for Environment, Food and Rural Affairs [2019] EWHC 2813 (Admin) (ban on the use of electronic collar devices), and Haringey LBC v Simawi [2019] EWCA Civ 1770 (whether the ‘one succession’ rule on secure tenancies is discriminatory).

    • Commercial regulation and consumer

      Will regularly acts for and against regulators in commercial public law and other regulatory proceedings. He also has investigations, enforcement and advisory experience in a range of sectors, including emerging areas (e.g. online harms, crypto-assets, ‘secure by design’ legislation, and 5G).

      Cases

      • CMA consumer law investigations. Acting for Brigante Properties in the CMA’s consumer protection investigation into leasehold homes (with Anneli Howard QC). More generally, Will regularly advises on the application of the Consumer Rights Act 2015, the Consumer Protection from Unfair Trading Regulations 2008, and other pieces of consumer legislation.
      • Crypto-assets and electronic records. Advising DCMS on the use of crypto-assets and electronic transferable records in international trade.
      • Cybersecurity. Will currently acts for the Information Commissioner’s Office in relation to two high-profile data breaches which have prompted enforcement action; has advised on elements of the new framework to strengthen the security of the UK’s telecoms networks (with Robert Palmer QC); has advised DCMS on the forthcoming ‘secure by design’ legislation (concerning the cybersecurity of consumer smart devices); and is familiar with cryptographic technologies from acting for Imprivata during the CMA’s Phase 1 inquiry into an anticipated merger in the digital identity and access management sector.
      • Data protection. For relevant experience, see the ‘Data protection, privacy & information’ section below.
      • Energy. Will currently acts for GEMA (with Daniel Beard QC and Gerry Facenna QC) in multiple CMA appeals against its RIIO-2 price control decisions. As a judicial assistant in the Administrative Court, Will also assisted Garnham J in R (Banks) v SoS for BEIS: a state aid challenge to the government’s renewable energy ‘Contracts for Difference’ scheme.
      • Environmental regulation. Will acted for the successful claimant (with Ian Wise QC) in Richards v R (Richards) v Environment Agency and Walleys Quarry Ltd, a complex ECHR challenge to the EA’s regulation of dangerous levels of hydrogen emitted from a landfill site. For further relevant experience, see the ‘Environment’ section below.
      • Higher Education. Will is currently advising Ofqual (with Gerry Facenna QC and Nik Grubeck) on public law and data protection issues arising out of the alternative arrangements prompted by the Covid-19. He has also advised the DfE (with Anneli Howard QC) on various consumer and contract law issues arising in the higher education sector as a result of the pandemic.
      • Internet regulation. Will has advised DCMS on various aspects of the forthcoming Online Safety Bill, the application of the e-Commerce Directive to online platforms, existing avenues of legal redress against social media sites, regulatory enforcement against platforms based outside of the UK, and the status of online marketplaces in product liability legislation. He also currently acts for a well-known online platform in ongoing and proposed civil proceedings.
      • Marketing and advertising. Will acted for the Claimant (with Alan Bates) in R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin), a judicial review of an ASA decision regarding efficacy claims made in adverts for medical devices. He has since advised on enforcement proceedings by the ASA in relation to the CAP and BCAP codes. He regularly acts for the Information Commissioner in enforcement action and appeals concerning unlawful marketing campaigns – for example in Leads Work v Commissioner (EA/2021/0089/FP), an appeal against a £250,000 monetary penalty. Will has also advised on the post-Brexit application of the ePrivacy Directive.
      • Telecoms. Will has advised DCMS (with Robert Palmer QC) on various aspects of the Telecoms (Security) Bill in preparation for the Bill receiving Royal Assent, as well as a commercial operator (with Tim Ward QC) on Ofcom’s General Conditions of Entitlement. He also assisted Daniel Beard QC and others on R (VIP Communications) v SoS for the Home Department [2020] EWCA Civ 1564 during pupillage.
      • Travel and aviation. Will has advised BEIS (with Anneli Howard QC) on the application of various provisions in the Package Travel Regulations, other pieces of consumer law, and the doctrine of frustration to individuals whose holidays have been disrupted by the Covid-19 pandemic and the liability of package travel companies. He also appears regularly in the County Court in air passenger rights cases under Regulation 261/2004.
    • Competition and mergers

      Cases

      Recent competition law and mergers experience includes:

      • Premier League TV rights Exclusion Order. Advising DCMS on competition issues and the Secretary of State’s powers under the Competition Act 1998 in relation to the EPL’s roll-over of its existing television broadcasting rights contracts.
      • Imprivata/Isosec merger inquiry. Part of the legal team acting for Imprivata on various aspects of the CMA’s Phase 1 inquiry into an anticipated merger in the digital identity and access management sector.
      • Public interest mergers. Advising DCMS on reforms to the media mergers regime and the regime’s interaction with the National Security and Investment Act 2021.
      • Vertical agreements. Advising on the application of VABER in the groceries industry.

      During pupillage, Will assisted on a range of competition matters, including Royal Mail v Ofcom and Whistl (abuse of dominance in the bulk mail delivery market) and NHS v Servier (‘pay-for-delay’ claims against Servier).

    • Data protection, privacy & information

      Will is regularly instructed in contentious and advisory matters concerning the GDPR, Data Protection Act, PECR, ECHR Article 8, Freedom of Information Act and Environmental Information Regulations.

      Cases

      Data Protection and privacy

      Will regularly acts for regulators, central government and private clients on data protection matters in the context of private claims, investigations, regulatory enforcement and judicial reviews, as well as in an advisory capacity.

      Litigation and enforcement experience includes:

      • Monetary penalty notice appeals. Will currently acts unled for the ICO as sole counsel in two FTT monetary penalty appeals arising out of significant breaches of the Privacy and Electronic Communications Regulations: Leads Work Limited v Commissioner (EA/2021/0089/FP) (£250,000 penalty) and ColourCoat Ltd v Commissioner (EA/2021/0175/FP) (£130,000 penalty).
      • ICO enforcement action. Will currently acts for the ICO in four sets of enforcement proceedings: two arising from data breaches, and two concerning breaches of the fairness principle in the processing of children and young adults’ personal data. He also recently acted for Commissioner in relation to a £90,00 fine against American Express for significant breaches of PECR, and against First Choice for repeated failure to comply with a subject access request.
      • Private claims. Acting (led and unled) for parties in private claims relating to misuse of personal information, confidentiality and data protection; including (with Azeem Suterwalla) a claim which centres on the circumstances in which judges will constitute data controllers and can rely on the judicial exemption under the DPA 2018.
      • Gabriel Kanter-Webber vs Information Commissioner [2021] UKFTT/2020/0281/GDPR. Successfully acted for the Commissioner in a contested DPA 2018 section 166 application.

      Advisory experience includes:

      • Exam arrangements for 2020 and 2021. Advising Ofqual (with Gerry Facenna QC and Nik Grubeck) on public law and data protection issues arising out of the alternative arrangements prompted by the Covid-19 pandemic.
      • International data transfers. Will is a member of DCMS’s data adequacy panel and has previously advised on international data transfer issues arising in relation to: Convention 108 and Convention 108+, adequacy negotiations with the EU, and the EU-UK Withdrawal Agreement. Will has also written on post-Brexit EU-UK data flows for Monckton’s EU Relations Law blog.
      • ‘Legacy data’ under the EU-UK Withdrawal Agreement. Advising DCMS on Article 71 of the EU-UK Withdrawal Agreement.
      • Internet regulation. Will has advised DCMS on various aspects of the forthcoming Online Safety Bill, the application of the e-Commerce Directive to online platforms, existing avenues of legal redress against social media sites, regulatory enforcement against platforms based outside of the UK, and the status of online marketplaces in product liability legislation.

      Freedom of information

      Will frequently appears for the Information Commissioner and other clients (often against QCs and members of the Attorney-General’s A Panel) in freedom of information appeals in front of the First-tier Tribunal and Upper Tribunal. Recent cases for the Commissioner include:

      • DVLA v Information Commissioner and Williams [2020] UKUT 334 (AAC): leading UT judgment on the interpretation of FOIA s.31 (law enforcement) and meaning of a public authority’s ‘functions’. The case also concerned the interpretation of ss. 40 (personal data) and 41 (confidence).
      • Home Office v Information Commissioner and the Joint Council for the Welfare of Immigrants [2021] UKFTT/2020/0253 (GRC): request by the JCWI for a policy equality statement on the impact of the EU Settlement Scheme.
      • MoJ v Information Commissioner and Cowling [2021] UKFTT/2020/0136 (GRC): request for report of a serious IT systems failure causing widespread disruption across the justice system.
      • MoJ v Information Commissioner [2021] UKFTT/2020/0255 (GRC): request for information concerning the release of a high-profile sex offender.
      • CPS v Information Commissioner and Callender Smith [2020] UKFTT/2019/0275 (GRC): request for legal advice from Senior Treasury Counsel on the competency and the compellability of the monarch in criminal proceedings.
      • Liberty v Information Commissioner and the Ministry of Justice (EA/2020/0140): withdrawn appeal concerning a request for a draft Green Paper on a proposed British Bill of Rights – with Laura John.

      Will is the co-author of the Practical Law note on section 40 of the Freedom of Information Act (the personal data exemption).

      Will’s experience of data protection and information law during pupillage included R (Bridges) v South Wales Police [2019] EWHC 2341 (Admin): (Automated Facial Recognition challenge) and Information Commissioner v Department for Transport and Hastings [2019] EWCA Civ 2241 (correct approach to environmental and non-environmental information).

    • Environment

      Will acts for and advises individuals and NGOs in environmental matters.

      Cases

      Recent experience includes:

      • R (Richards) v The Environment Agency [2021] EWHC 2501. Will acted for the Claimant (with Ian Wise QC and Mike Armitage), a vulnerable five-year-old, in this successful challenge to the Environment Agency’s regulation of dangerous hydrogen sulphide emissions from a landfill site. The judgment case is significant in a number of respects. In particular: it clarifies the application of ECHR Article 2 and Article 8 caselaw in air quality/pollution cases; is the first known domestic case to state in explicit terms that reduction in life expectancy may constitute a ‘real and immediate’ risk for the purposes of ECHR Article 2; and is thought to be the first judicial review involving the ‘hot-tubbing’ of expert witnesses. For press coverage and a case note, see here.
      • Aarhus Convention Compliance Committee complaint. Acting for WWF (with Kate Cooke and Anita Davies) in a proposed complaint to the ACCC on the lack of public participation in the negotiation and ratification of Free Trade Agreements.
      • Testbiotech v EU Commission. Acting for Testbiotech (with Kassie Smith QC and Cliodhna Kelleher) in an Aarhus Regulation challenge to the Commission’s decision to grant Monsanto market authorisation to import genetically engineered maize and soybeans.
      • Trade law and the environment. Advising a well-known NGO on trade law issues arising under the EU-UK TCA, CPTPP and WTO SPS Agreement.
      • Pesticides regulation. Advising a well-known NGO on challenges to pesticide authorisation decisions made under the UK’s post-Brexit pesticides regime.
      • Environmental Information Regulations. Will regularly acts for the Information Commissioner in EIRs matters (see ‘Data protection, privacy & Information’ section above).
    • EU relations & trade

      Cases

      Will has advised NGOs and Central Government on a range of EU Relations and trade law issues, including:

      • Various questions on the interpretation of EU-derived domestic legislation and retained EU law rights derived from Directives.
      • Environmental and trade law issues arising under the EU-UK TCA, CPTPP and WTO SPS Agreement.
      • The UK’s post-Brexit pesticides authorisation regime.
      • ‘Legacy data’ under Article 71 of the Withdrawal Agreement.
      • The UK’s post-exit international data transfers regime (including adequacy decisions).
      • Digital trade aspects of FTA negotiations.
      • The movement of goods under the Northern Ireland Protocol.
      • Post-exit Francovich damages claims.

      Will currently acts for WWF (with Kate Cooke and Anita Davies) in a proposed complaint to the Aarhus Convention Compliance Committee on the lack of public participation in the negotiation and ratification by the UK of Free Trade Agreements.

      He is also a regular contributor to Monckton’s EU Relations Law Blog.

    • Public Procurement

      Will regularly acts for challengers and contracting authorities in cases before the TCC and in an advisory capacity.

      Cases

      Experience includes:

      • Bechtel v HS2 ((No.2) Costs of the interested party) [2021] EWHC 640 (TCC): leading case on interested parties’ costs in public procurement proceedings – for the Interested Party (with Anneliese Blackwood).
      • 2019 Rail Franchise Litigation (Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC)): junior counsel in a large team (led by Rhodri Thompson QC and Fionnuala McCredie QC) which successfully defended claims arising out of procurement competitions for the South Eastern, East Midlands and West Coast Partnership railway franchises between 2017 and 2019. The case was one of the Lawyer’s ‘Top 20 cases for 2020’.
      • Mitie v Secretary of State for Justice: instructed by Mitie (with Michael Bowsher QC and Anneliese Blackwood) in its challenge to the award of a contract to provide facilities management services across the court estate. The litigation included an application by the SoS to lift the automatic suspension ([2020] EWHC 63 (TCC)).

      During pupillage, Will worked on a range of procurement matters, including P&O Ferries v Department for Transport and Eurotunnel (lawfulness of the settlement of the ‘Brexit Ferries’ litigation) and Bombardier v London Underground Ltd [2018] EWHC 2926 (TCC) (whether the automatic suspension should be lifted in the ‘Deep Tube’ Procurement litigation).

    • Tax & duties

      Cases

      During pupillage, Will assisted on a range of VAT and customs matters, including:

      • FMX v HMRC: on time limits for raising post clearance demands under the Community Customs Code.
      • McBraida v HMRC: on the VAT zero-rating of aircraft components.
      • Vodafone Portgual: preliminary reference to the CJEU on the treatment of consumer contract termination fees.
      • A Francovich claim for overpayment of VAT.
    • Additional information

      Education

      • BPTC, BPP University
      • GDL, BPP University
      • BA, History, Lady Margaret Hall, University of Oxford

      Scholarships and prizes

      • Lincoln’s Inn: Walter Wigglesworth Pupillage Scholarship; European Education Award; Lord Denning BPTC Scholarship; Hardwicke Entrance Award.
      • BPP Law School: BPTC Advocacy Scholarship; BPTC Excellence Scholarship; GDL Scholarship.
      • Oxford University: Joan Thirsk Prize (best pre-modern thesis in history or a joint school); Proxime Accessit to the HWC Davis Prize (for Preliminary Exams – 4th in year).
      • Lady Margaret Hall: CV Wedgwood Prize (best thesis in history or a joint school); Parker Scholarship (for graduates pursuing a legal career); Academic Scholarship.
      • Other: ALBA 2019 conference scholarship; Inaugural Lady Sophie Laws Scholar for the 2019 BEG conference in Gdansk; winner of the 2017 University of Southampton Inter-Varsity Mooting Competition (final judged by Green LJ).
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