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 following pupillage. His supervisors were Valentina Sloane QC, Julian Gregory and Azeem Suterwalla. He is building a practice in line with Chambers’ expertise.

In early 2020, Will spent 3 months in the Administrative Court as a full-time Judicial Assistant. In this capacity he assisted Supperstone J (Judge in Charge of the Administrative Court) and other High Court judges with various public law matters, including applications for interim relief and permission to apply, and substantive hearings concerning EU State Aid, Article 10 ECHR, decisions of the Parole Board and Criminal Courts, national planning policy, and the interpretative obligation under the Human Rights Act.

Will is currently seconded part-time to the Department for Digital, Culture, Media & Sport. To date, he has advised on the forthcoming Online Harms Bill; the Chapter I prohibition and the Secretary of State’s powers under the Competition Act 1998; the media mergers regime and its interaction with the forthcoming National Security and Investment Bill; international data transfers; the status of ‘legacy’ data under the EU-UK Withdrawal Agreement; the rights of companies under the ECHR; public law duties of consultation; the Secretary of State’s powers under the Inquiries Act 2005; and the Northern Ireland Protocol.

  • News
  • Events
  • Administrative & public

    Cases

    Recent work includes:

    • Secondment at DCMS, advising on the forthcoming Online Harms Bill (which will introduce a new regulatory framework to keep users safe online), the rights of companies under various articles of the ECHR, public law duties of consultation, and the Secretary of State’s powers under the Inquiries Act 2005.
    • R (JHB Law Ltd (t/a Lawstop)) v Lord Chancellor (for the claimant, with Azeem Suterwalla). The case concerns the civil legal aid regime and issues of community care law and discrimination by association.
    • R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin) (for the claimant, with Alan Bates): on whether efficacy claims made in adverts for medical devices were substantiated.
    • Advising on the ASA’s application and enforcement of the UK broadcast and non-broadcast advertising codes.

    As a full-time Judicial Assistant in the Administrative Court in 2020, Will assisted Supperstone J (Judge in Charge of the Administrative Court) and other High Court judges. He experienced a wide range of both procedural and substantive public law matters. The cases he assisted on included:

    • R (Banks) v SoS for Business, Energy and Industrial Strategy: a state aid challenge to the government’s renewable energy ‘Contracts for Difference’ scheme.
    • Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin): a Divisional Court case on the interpretation of s. 13(1) of the Terrorism Act 2000 and its compatibility with Article 10 ECHR.
    • R (Morris) v Parole Board [2020] EWHC 711 (Admin): a Divisional Court case on the status of unproven allegations of criminal conduct in Parole Board proceedings.
    • AR v SSWP [2020] UKUT 165 (AAC): an Upper Tribunal case on the interpretative obligation under section 3 Human Rights Act in a social benefits context.
    • 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 (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 Article 1 of Protocol 1 to the ECHR and Article 34 TEFU.
    • 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.
    • R (Z and others) v Hackney LBC and Agudas Israel Housing Association [2019] EWCA Civ 1099: on whether a housing association’s directly discriminatory practice of only letting its properties to members of the Orthodox Jewish community was lawful.
    • Haringey LBC v Simawi [2018] EWHC 2733 (QB): on whether the ‘one succession’ rule on secure tenancies under the Housing Act 1985 is discriminatory.
  • Competition and telecoms

    Cases

    Recent work includes:

    • Advising DCMS on the Secretary of State’s powers under the Competition Act 1998, the Chapter I prohibition, the media mergers regime under the Enterprise Act 2002, and the forthcoming National Security and Investment Bill.
    • Advice on Ofcom’s General Conditions of Entitlement (instructed, with Tim Ward QC).

    During pupillage, Will assisted on a range of competition and telecoms 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.
    • Advice on the application of competition law and the Transport Act 1985 to the bus industry.
    • Advice on the EU law concept of a ‘single economic entity’ and ‘VABER’.
  • Public procurement

    Cases

    Current and 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
    • Advice on an ethical procurement initiative.
  • Data protection & information

    Will regularly represents the Information Commissioner in both FOIA and EIR proceedings in the First-Tier Tribunal and advises public authorities and private clients on data protection issues.

    Cases

    Recent instructions include:

    • Liberty v Information Commissioner and the Ministry of Justice (EA/2020/0140) (for the Commissioner, with Laura John): a FOIA appeal concerning Liberty’s request for a draft Green Paper on a proposed British Bill of Rights.
    • Various advices on the territorial scope of the GDPR, international data transfer agreements, the status of ‘legacy data’ under Article 71 of the EU-UK Withdrawal Agreement, consent under the GDPR, and the processing of sensitive personal data.

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

    • R (Bridges) v South Wales Police [2019] EWHC 2341 (Admin): challenge to the use of Automatic Facial Recognition technology by the police.
    • Information Commissioner v Department for Transport and Hastings [2018] UKUT 184 (AAC): on the severability of environmental and non-environmental information when both types fall within a request.
  • EU relations and trade

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

    • Post-Brexit international data transfers
    • ‘Legacy data’ under Article 71 of the Withdrawal Agreement
    • The movement of goods under the Northern Ireland Protocol
    • The drafting of Brexit statutory instruments
    • Digital trade aspects of current FTA negotiations

    Will is also a regular contributor to Chamber’s EU Relations Law Blog. An example of a recent post can be found here.

    Cases

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

    • FMX Food Merchants Import Export Co Ltd v HMRC [2018] EWCA Civ 2401: on time limits for raising post clearance demands under the Community Customs Code.
    • McBraida v HMRC [2019] UKFTT 43 (TC): on the VAT zero-rating of aircraft components.
    • A Francovich claim for overpayment of VAT.
    • A preliminary reference to the CJEU on the VAT treatment of consumer contract termination fees.
  • Commercial and consumer

    Cases

    Recent instructions involve:

    • Advising the Department for Education on various consumer and contract law issues arising as a result of Covid-19 in the higher education sector (with Anneli Howard).
    • R (Actegy) v The Advertising Standards Authority [2019] EWHC 2374 (Admin) (for the claimant, with Alan Bates), part of which concerned whether the ASA’s approach to misleading advertisments was consistent with the Unfair Commercial Practices Directive.
    • Advising on the ASA’s application and enforcement of the UK broadcast and non-broadcast advertising codes.
    • Settling Particulars of Claim in a high-value construction dispute.

    Will also appears regularly in the county court on commercial and consumer matters, in particular airline cases under EC Regulation 261/2004.

  • Indirect tax

    Cases

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

    • FMX Food Merchants Import Export Co Ltd v HMRC [2018] EWCA Civ 2401: on time limits for raising post clearance demands under the Community Customs Code.
    • McBraida v HMRC [2019] UKFTT 43 (TC): on the VAT zero-rating of aircraft components.
    • A Francovich claim for overpayment of VAT.
    • A preliminary reference to the CJEU on the VAT treatment of consumer contract termination fees.
  • 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 Scholarships; 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 (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 J).
  • Publications
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