Patrick Green has a varied practice in the fields of commercial law and civil fraud, EU, judicial review, tax and, occasionally, employment and levy law.  He regularly appears in the High Court, including the Commercial Court and Administrative Court, as well as in the Court of Appeal. He has been instructed in a number of high-profile, unusual or leading cases.

In the autumn of 2016, he is appearing in the following cases of particular significance:

  • The ‘Referendum Cases’ in the Administrative Court, concerning Brexit and whether legislation or Parliamentary consent is required for the government to notify under Art.50.
  • Micula v Romania (EU Commission intervening) in the Commercial Court, as to the right to enforce an ICSID arbitration award said (by the Commission) to conflict with State aid rules and a Decision by the Commission that Romania should not pay the Award.
  • Shanks v Unilever, in the Court of Appeal, an employee patent compensation case, as to whether or not Unilever’s size is such that a benefit from patent licensing of more than £20 million is therefore not ‘an outstanding benefit’ entitling Prof Shanks to compensation.

He has been an accredited mediator since 1997 and co-founded the mediation organisation ResoLex, based at the IDRC in Fleet Street. He continues to lecture at the LSE and internationally on mediation and negotiation where he was a Visiting Fellow between 2005 and 2012.

Economic torts, misfeasance & conspiracy claims

Complex cases, often involving cross-over between various areas of law, contract, tort (especially misrepresentation and deceit), breach of confidence and breach of fiduciary duty.

Representative Cases

  • Stirling Mortimer Global Property Ltd v ELS International Lawyers LLP & Ors (various)
  • Jackson v Thompsons Solicitors (A Firm) & Ors [2013] EWHC 2578 (QB)
  • Ongoing financial services conspiracy class action
  • Kyrri-Royle & Ors v. Oldham & Ors [2007] EWCA Civ 1504
  • Weeks v. Governors of Fitzwimarc School & Essex County Council, 2005, QB

Employment

A range of leading employment cases in a variety of areas, including whistleblowing, discrimination and restraint of trade, including several in the Court of Appeal or above.

Representative Cases

  • Clarke v Abertawe Bro Morgannwg University (ABMU) Health Board (CA – pending – whistleblowing nurse)
  • Pan v Portigon (formerly WestLB) CA 2014 (discrimination, constructive dismissal, Burns/Barke)
  • The Hospital Medical Group v Westwood [2012] EWCA Civ 1005, CA (‘worker’)
  • Autoclenz Ltd v. Belcher & Ors [2011] UKSC 41 (leading case on employment and worker  status/sham contracts), SC
  • Jones v. Neath Port Talbot, CA, 2011 (liability of LEA for dismissal)
  • CITB v. Beacon Roofing Ltd, CA, 2011 (‘purpose’ of contract, levy scope)
  • Shanks v. Unilever [2010] EWCA Civ 1283 (leading employee patent compensation case); IPO (0170375) 2013; Ch Div (Patents Court) 2014
  • Neary v. Hertfordshire County Council, CA, [2009] EWCA Civ 1190 (relief from sanctions and appellate jurisdiction)
  • Jackson v. Computershare Investor Services Plc, [2007] EWCA Civ 1065 (TUPE and post-transfer benefits)
  • ABC News International Inc v. Gizbert UKEAT/0160/06 (journalist refusing to go to Iraq)
  • Pinnington v. City and Council of  Swansea and Governing Body of Ysgol Crug Glas School [2005] EWCA Civ 135 (whistleblowing detriment), CA

Employee Patent Compensation

Patrick Green appeared for Professor Shanks in the only employee patent compensation case to go the Court of Appeal.  He has also been instructed in other such cases.  This is a highly specialised area of practice. Professor Shanks’s case is ongoing.

Representative Cases

  • Shanks v. Unilever [2010] EWCA Civ 1283 (leading employee patent compensation case)

EU

Cases before the UK courts, the CFI and the ECJ, involving points of EU law. These obviously include mainly domestic law cases, with significant EU law points arising in in areas such as product safety and consumer protection, medical devices regulation, personal injury, VAT, working time and discrimination.

Representative Cases

  • Earthshine v. HMRC, FTT(Tax), 2010-11 (VAT, MTIC fraud) UT 2013
  • R (JBOL) v. Health Protection Agency, 2011, Admin and CA (IVD Directive and guidance for microbiological sampling and culture)
  • Masdar (UK) Ltd v. Commission of the European Communities (Case C-47/07 P) (ECJ – non-contractual liability of EU Commission) 16 December 2008

Judicial Review

  • CITB v. Beacon Roofing Ltd, CA, 2011 (‘purpose’ of contract, levy scope)
  • R (JBOL) v. Health Protection Agency, 2011, Admin and CA (IVD Directive and guidance for microbiological sampling and culture)
  • R (Hertfordshire County Council) v. Hammersmith & Fulham London Borough Council, CA, 2011 (LA responsibility for mental health after-care services)
  • Clarke v. Cardiff University, Admin, 2009 (judicial review of BVC exam result)

MTIC fraud

VAT cases concerning alleged Missing Trader or Carousel VAT fraud

Representative Cases

  • Earthshine v. HMRC, FTT(Tax), 2010-11 (VAT, MTIC fraud), UT 2013

Privacy, breach of confidence, breach of fiduciary duty and restraint of trade

Drafting, advice, urgent injunctive relief and contested trials in this area, which includes both employment and privacy cases.

Representative Cases

  • AFEX LTD v. IFX & Abbassi [2010] EWHC 1178 (Ch)
  • WXY (2011) QB

Cases of interest in other fields

  • British Assessment Board v UKAS 2013
  • Saxton v. Sec of State for Transport, 2009, CA and Lands Tribunal, (injurious affection of land and damages)

 

 

 

 

More about Patrick Green QC

Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 26013

VAT Registration Number: 524394837

Legal Status: QC

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.