Will joined Monckton as a tenant in October 2019. He has a busy practice in line with Chambers’ expertise, including in competition, consumer, data protection, environmental, EU relations, information, procurement, public and regulatory 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 public, regulatory, competition and data protection issues concerning media enterprises, online platforms, and emerging technologies.
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 a wide range of both procedural and substantive 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.
Administrative & public
Recent public law experience includes:
- Energy price control appeals. Acting for GEMA (with Daniel Beard QC and others) in various appeals against its RIIO-2 energy price control decisions.
- 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.
- 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.
- Environmental law challenges. Will currently acts for NGOs in two proposed environmental law challenges: a complaint to the Aarhus Convention Compliance Committee and a judicial review of an EU Commission decision on genetically engineered crops. He has also advised another well-known NGO on legal challenges to pesticide authorisation decisions made under the UK’s post-Brexit pesticides regime.
- 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, 9, 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.
- Compensation claims against Central Government departments. Advising (with Anneli Howard QC) on potential A1P1, Francovich and common law damages claims.
- R (Actegy) v The Advertising Standards Authority  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.
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  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  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  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  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  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  EWHC 924 (Admin).
As a pupil, Will assisted on a range of public law matters, including:
- R (Cotter) v NICE  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  UKSC 40 (lawfulness of a directly discriminatory housing policy).
- R (Lasham Gliding Society) v Civil Aviation Authority  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  EWHC 2813 (Admin) (ban on the use of electronic collar devices).
- Haringey LBC v Simawi  EWCA Civ 1770 (whether the ‘one succession’ rule on secure tenancies 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.
Commercial regulation and consumer
Will has experience in the following areas:
- Energy regulation. Will currently acts for GEMA (with Daniel Beard QC) in various 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.
- CMA consumer law investigations. Acting for a party in the CMA’s consumer protection investigation into leasehold homes (with Anneli Howard QC).
- Online platforms. Advising DCMS on various aspects of the forthcoming Online Safety Bill, the e-Commerce Directive’s safe harbour for hosting services and prohibition on general monitoring, existing avenues of legal redress against social media platforms, regulatory enforcement against platforms based outside of the UK, and the status of online marketplaces in consumer legislation.
- Internet of things. Advising DCMS on the forthcoming ‘secure by design’ legislation (concerning the cybersecurity of consumer smart devices).
- Telecoms regulation. Advising on telecoms regulation issues arising in a national security context (with Robert Palmer QC) and on Ofcom’s General Conditions of Entitlement (with Tim Ward QC). Will also assisted, during pupillage, on R (VIP Communications) v SoS for the Home Department  EWCA Civ 1564 (on whether a direction given by the Home Secretary to Ofcom was ultra vires).
- Marketing and advertising law. Will acted for the claimant (with Alan Bates) in R (Actegy) v The Advertising Standards Authority  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. Will has also acted for the Information Commissioner in various enforcement actions 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 post-Brexit issues regarding the ePrivacy Directive.
- 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.
- Travel and aviation. 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 QC). Will also appears regularly in the County Court in air passenger rights cases under Regulation 261/2004.
- Crypto-assets and electronic records. Advising DCMS on the use of crypto-assets and electronic transferable records in international trade.
- Data protection. See ‘Information & data protection’ section below.
Competition and mergers
Recent competition law instructions include:
- Imprivata/Isosec merger inquiry. 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.
- English Premier League TV rights. 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 deal.
- Public interest mergers. Advising DCMS on the media mergers regime and the National Security and Investment Act.
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).
- NHS v Servier (‘pay-for-delay’ claims against Servier).
EU relations & trade
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.
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.
He frequently appears for the Information Commissioner (often against members of the Attorney-General’s A Panel) in freedom of information appeals. Recent cases include:
- DVLA v Information Commissioner and Williams  UKUT 334 (AAC): UT appeal primarily concerning the interpretation of FOIA s.31 (law enforcement) and meaning of a public authority’s ‘functions’.
- Home Office v Information Commissioner and the Joint Council for the Welfare of Immigrants (EA/2020/0253): request by the JCWI for a policy equality statement on the impact of the EU Settlement Scheme.
- MoJ v Information Commissioner and Cowling  UKFTT_2020_0136 (GRC): request for report of a serious IT systems failure across the justice system.
- CPS v Information Commissioner and Callender Smith  UKFTT 2019_0275 (GRC): request for legal advice from Senior Treasury Counsel on the competency and the compellability of the monarch.
- MoJ v Information Commissioner (EA/2020/0255): request for information concerning the release of a high-profile sex offender (FOIA ss.21 and 36).
- 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.
- Grant v Information Commissioner & Plymouth Council (EA/2020/0346): request for information concerning the price paid by Plymouth Council for the Sir Antony Gormley sculpture ‘LOOK II’.
Will regularly acts for regulators, central government and private clients on data protection matters. Significant recent instructions include:
- Leads Work Limited v Information Commissioner (EA/2021/0089/FP). Acting for the Commissioner in an appeal against a £250,000 penalty for significant breaches of the Privacy and Electronic Communications Regulations (PECR).
- Alternative arrangements for 2020 and 2021 exams. 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.
- Ongoing ICO enforcement proceedings. Acting for the ICO in two sets of enforcement proceedings: one concerning a data breach involving millions of data subjects and the other concerning misuse of children’s personal data.
- Enforcement action against American Express. Acting for the Commissioner in relation to a £90,00 fine against American Express for 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. 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 of things. Advising DCMS on the forthcoming ‘secure by design’ legislation (which concerns the cybersecurity of consumer smart devices).
- Gabriel Kanter-Webber vs Information Commissioner (EA/2020/0281/GDPR). Acting for the Commissioner in a contested DPA 2018 section 166 application.
Will is the co-author of the Practical Law note on section 40 of the Freedom of Information Act (personal data).
Will’s experience of information and data protection law matters during pupillage included:
- R (Bridges) v South Wales Police  EWHC 2341 (Admin): Automated Facial Recognition technology challenge.
- Information Commissioner v Department for Transport and Hastings  EWCA Civ 2241: severability of environmental and non-environmental information.
Recent instructions include:
- Bechtel v HS2 ((No.2) Costs of the interested party)  EWHC 640 (TCC): leading case on interested parties’ costs in public procurement proceedings – for the Interested Party (with Anneliese Blackwood).
- Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport  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 ( 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  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
- 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).