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Hendersons - Barristers' Chambers

Patrick Green QC

"Thinks very quickly on his feet, and his presentation and manner in court are first class. He has an impressive ability to formulate and develop complex and novel legal arguments"

Chambers UK 2018


Call
1990
Silk
2012

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 appeared 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.

 

Expertise


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.

Instructions Include

  • 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

grid list
  • Clarke v Abertawe Bro Morgannwg University (ABMU) Health Board

    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.

  • Jones v Neath Port Talbot, CA, 2011

    Liability of LEA for dismissal.

  • CITB v Beacon Roofing Ltd, CA, 2011

    ‘Purpose’ of contract, levy scope.

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.

Instructions Include

  • Stirling Mortimer Global Property Ltd v ELS International Lawyers LLP & Ors
  • 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

Representative cases

grid list
  • Shanks v Unilever Plc & Ors [2017] EWCA Civ 2

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

grid list
  • 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.

  • 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.

MTIC Fraud

VAT cases concerning alleged Missing Trader or Carousel VAT fraud.

Representative cases

grid list
  • Earthshine v HMRC, FTT(Tax), 2010-11, UT 2013

    VAT, MTIC fraud.

Privacy, Breach of Confidence, Breach of Fiduciary Duty & Restraint of Trade

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

Representative cases

grid list
  • AFEX LTD v IFX & Abbassi [2010] EWHC 1178 (Ch)
  • XY (2011) QB

 

Instructing Patrick Green QC

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Fellow of the Royal Society of Arts
  • Queen’s Counsel (2012)
  • Fellow of London School of Economics (2005-2012)
  • Chartered Institute of Arbitrators (2005)
  • CEDR Accredited Mediator (1997)
Publications
  • Halsbury’s Laws, Vol 37, Practice & Procedure
  • Manual of Employment Appeals
Memberships
  • ALBA
  • COMBAR
  • ELA
  • ELBA
Education
  • Pegasus Scholar (Bermuda & USA) (1995)
  • Bar Scholar to the EC Commission (DG IV) (1992)
  • BA (Law) Cantab (1989)

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