Will Perry

Call: 2018

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Education

BA; GDL and BPTC

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Introduction

Will joined Chambers as a tenant in October 2019. His pupil supervisors were Valentina Sloane QC, Julian Gregory and Azeem Suterwalla. He is building a practice in line with Chambers’ expertise, including in public, regulatory, competition, consumer, public procurement, EU relations, data protection and information law.

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 issues concerning media enterprises, online platforms, and emerging technologies, with a particular focus on various aspects of the forthcoming Online Safety Bill.

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

  • News
  • Events
  • Administrative & public

    Cases

    Recent work includes:

    • Secondment at DCMS. From April to November 2020, Will was seconded part-time at DCMS, where he advised on various public and human rights law issues including: the rights of individuals and companies under articles 6, 7, 8, 10 and A1P1 of the ECHR; 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); public law duties of consultation; the Secretary of State’s powers under the Inquiries Act 2005; and the prohibition on imposing general monitoring obligations on online service providers.
    • Proposed Aarhus Convention Compliance Committee complaint. Acting for a well-known NGO in a proposed environmental law complaint to the ACCC.
    • R (JHB Law Ltd (t/a Lawstop)) v Lord Chancellor. Judicial review of the Legal Aid Agency’s application of its Standard Civil Contract and alleged discrimination by association in a community care context – for the claimant, with Azeem Suterwalla.
    • Compensation claims against Central Government departments. Advising on potential A1P1, Francovich and common law damages claims – with Anneli Howard.
    • Challenges to pesticide authorisation decisions. Advising a well-known NGO on legal challenges in the context of the UK’s post-Brexit pesticides regime.
    • R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin). Judicial review (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 substantiated – for the claimant, with Alan Bates.

    As a full-time Judicial Assistant in the Administrative Court, Will assisted Supperstone J (Judge in Charge) and other High Court judges. He experienced a wide range of both procedural and substantive public law matters. The cases he assisted on included:

    • Pwr and others v Director of Public Prosecutions [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 Business, Energy and Industrial Strategy: 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 case 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 Housing, Communities and Local Government & Anor [2020] EWHC 518 (Admin): joint challenges regarding the ‘tilted balance’ in the National Planning Policy Framework.
    • A number of extradition appeals, including Mallya v Government of India [2020] EWHC 924 (Admin).

    As a pupil, Will assisted on a range of public law and human rights matters, including:

    • R (Cotter) v NICE [2020] EWHC 435 (Admin): a challenge to NICE’s decision to progress a life-changing drug through the Standard Technology Appraisal programme, rather than the Highly Specialised Technology Appraisal programme
    • R (Z and others) v Hackney LBC and Agudas Israel Housing Association [2020] UKSC 40: on whether a housing association’s directly discriminatory practice of only letting its properties to members of the Orthodox Jewish community was lawful.
    • R (Lasham Gliding Society) v Civil Aviation Authority [2019] EWHC 2118 (Admin): a challenge to the CAA’s implementation of air traffic controls in largely uncontrolled airspace.
    • Electronic Collar Manufacturers Association & Anor v SoS for Environment, Food and Rural Affairs [2019] EWHC 2813 (Admin), on whether a ban on the use of electronic collar devices for cats and dogs lawfully interfered with ECHR A1P1 and Article 34 TEFU.
    • Haringey LBC v Simawi [2019] EWCA Civ 1770: on whether the ‘one succession’ rule on secure tenancies under the Housing Act 1985 is discriminatory.
    • A challenge to cuts to a heavily disabled individual’s community care services under the Care Act 2014.
    • A challenge to a local authority’s refusal to provide or finance accommodation for a child under the Children Act 1989.
  • Competition, regulatory & consumer

    Cases

    Recent regulatory and consumer work includes:

    • Internet of things. Advising DCMS on the forthcoming ‘secure by design’ legislation (which concerns the cyber security of consumer smart devices).
    • Regulation of online platforms. Advising DCMS on various aspects of the forthcoming Online Harms regime, the e-Commerce Directive’s safe harbour for hosting services and prohibition on general monitoring, regulatory enforcement against platforms based outside of the UK, and the status of online marketplaces in consumer legislation.
    • Telecoms regulation/national security. Advising on telecoms regulation issues arising in a national security context – with Robert Palmer QC.
    • Consumer rights of holidaymakers. Advising BEIS on the application of 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 – with Anneli Howard.
    • Consumer rights of students. Advising the DfE on various consumer and contract law issues arising in the higher education sector as a result of the Covid-19 pandemic – with Anneli Howard.
    • Marketing and advertising law. Will was instructed for the claimant (with Alan Bates) in R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin), a judicial review (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 substantiated. Will has since advised on enforcement proceedings by the ASA in relation to the CAP And BCAP codes. He has also acted for the Information Commissioner in enforcement action concerning significant breaches of the Privacy and Electronic Communications Regulations (PECR).
    • Crypto-assets and electronic records. Advising DCMS on the use of crypto-assets and electronic transferable records in international trade.
    • Ofcom’s General Conditions of Entitlement. Advising – with Tim Ward QC.
    • Air passenger rights. Will appears regularly in the county court in airline cases under Regulation 261/2004.

    Recent competition/merger work includes:

    • Technology sector merger. Assisting on various aspects of an anticipated merger in the tech sector.
    • Public interest mergers. Advising DCMS on the media mergers regime and the forthcoming National Security and Investment Bill.
    • Sports broadcasting. Advising DCMS on competition issues raised by the sale of sports broadcasting rights and the Secretary of State’s powers under the Competition Act 1998.

    During pupillage, Will assisted on a range of competition, regulatory and consumer matters, including:

    • Royal Mail v Ofcom and Whistl [2019] CAT 27: on whether Royal Mail abused a dominant position in the bulk mail delivery market.
    • R (VIP Communications) v Secretary of State for the Home Department [2019] EWHC 994 (Admin): on whether a direction given by the Home Secretary to Ofcom, in relation to its licensing duties, was ultra vires.
    • NHS v Servier: the NHS ‘pay-for-delay’ claims against Servier.
    • Advice on the application of competition law and the Transport Act 1985 to the bus industry.
    • Proposed competition proceedings concerning the withholding of certification services.
  • EU relations & trade law

    Cases

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

    • Post-exit Francovich damages claims – with Anneli Howard.
    • The UK’s post-Brexit pesticides authorisation regime.
    • Numerous issues concerning retained EU law rights derived from Directives.
    • The movement of goods under the Northern Ireland Protocol.
    • ‘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.

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

  • Information & data protection

    Will is regularly instructed in matters concerning the GDPR, Data Protection Act, PECR, FOIA and EIR.

    Cases

    Recent freedom of information cases (all for the Information Commissioner) include:

    • DVLA v Information Commissioner and Williams [2020] UKUT 334 (AAC): UT appeal primarily concerning the interpretation of FOIA s.31 (law enforcement) and meaning of a public authority’s ‘functions’, as well as late reliance on new exemptions and FOIA ss.40(2) (personal data) and 41 (breach of confidence).
    • CPS v Information Commissioner and Callender Smith [2020] UKFTT 2019_0275 (GRC): request for legal advice on the competency and the compellability of the monarch produced at the time of the prosecution of Paul Burrell, Princess Diana’s former butler (FOIA ss.30 and 42).
    • Liberty v Information Commissioner and the Ministry of Justice (EA/2020/0140): request for a draft Green Paper on a proposed British Bill of Rights (FOIA s.35) – with Laura John.
    • Home Office v Information Commissioner (EA/2020/0253): request by the Joint Council for the Welfare of Immigrants (JCWI) for a policy equality statement regarding the impact of the EU Settlement Scheme (FOIA ss.22, 27, 31 and 35).
    • Grant v Information Commissioner & Plymouth Council (EA/2020/0346): request for information concerning the price paid by Plymouth Council for the Anthony Gormley sculpture ‘LOOK II’ (FOIA s.43).
    • MoJ v Information Commissioner (EA/2020/0255): request for probation information concerning a high-profile sex offender (FOIA ss.21 and 36).
    • Green v Information Commissioner & HS2 (EA/2020/088): request for risk assessments relating to HS2 works (EIR regs.12(4)(d), 12(5)(a) and 12(5)(g)).

    Recent data protection work includes:

    • High profile data breach: Advising/assisting the Commissioner on enforcement proceedings concerning a data breach involving millions of data subjects.
    • Gabriel Kanter-Webber vs Information Commissioner (EA/2020/0281/GDPR): appearing for the Commissioner in a contested DPA 2018 section 166 application.
    • Fines for unsolicited direct marketing. Assisting the Commissioner on two sets of enforcement proceedings concerning significant breaches of the Privacy and Electronic Communications Regulations (PECR).
    • International data transfers. Advising DCMS on international data transfer issues arising in relation to Convention 108 and Convention 108+, adequacy negotiations and the EU-UK Withdrawal Agreement.
    • ‘Legacy data’ under the EU-UK Withdrawal Agreement. Advising DCMS on Article 71 of the EU-UK Withdrawal Agreement.
    • Will has also advised private clients on the territorial scope of the GDPR, lawful bases for processing and sensitive personal data.

    Will’s experience of information and data protection law matters during pupillage included:

    • R (Bridges) v South Wales Police [2019] EWHC 2341 (Admin): Automated Facial Recognition technology challenge.
    • Information Commissioner v Department for Transport and Hastings [2019] EWCA Civ 2241: on the severability of environmental and non-environmental information when both types of information fall within a request.
  • Public procurement

    Cases

    Recent instructions include:

    • Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC) (the 2019 Rail Franchise Litigation): 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: on the lawfulness of the settlement of the ‘Brexit Ferries’ litigation.
    • Bombardier v London Underground Ltd [2018] EWHC 2926 (TCC): on whether the automatic suspension should be lifted in the ‘Deep Tube’ Procurement litigation.
    • Advices on the application of public procurement rules to the education sector.
  • 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).
  • Publications
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