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Hendersons - Barristers' Chambers

Patrick Green QC

"Hugely bright, immensely enthusiastic and utterly charming …" "… a lateral, strategic and outside-the-box thinker who works well with instructing solicitors."

Chambers UK 2020


Call
1990
Silk
2012

Patrick Green regularly appears in the Supreme Court, Court of Appeal and the High Court in a variety of cases, spanning commercial law and civil fraud, EU, investment treaty arbitration, judicial review, employee patent compensation, tax and, occasionally, employment and levy law.

Notable appearances in the Supreme Court include:

  • R (Miller & Others) v Secretary of State for Exiting the European Union [2017] UKSC 6 − the ‘Gina Miller’ case concerning whether legislation or Parliamentary consent was required for the government to notify under Art.50.
  • Micula v Romania UKSC 2018/0177 − as to the right to enforce an ICSID arbitration award said (by the EU Commission) to conflict with State aid rules and whether the UK is bound under EU law to put itself in breach of prior international obligations under the ICSID Convention.
  • Shanks v Unilever PLC & Others [2019] UKSC 45 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 the inventor of the leading diabetic home testing technology to any 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.

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

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 twice and now the Supreme Court. On Wednesday, 23 October 2019 the Supreme Court handed down a landmark judgment, Shanks v Unilever PLC & Others [2019] UKSC 45, awarding retired Professor Ian Shanks £2 million as a fair share of the “outstanding benefit” which Unilever received from his invention in 1982 of the capillary fill diabetes testing device since used by many millions of people all over the world.

For more details please see the alerter here.

Recent press coverage includes:

This is a highly specialised area of practice. Patrick has also been instructed in other such cases.

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
• Fair Deal v Commission of The European Union (T-713/16).
• 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)

Representative cases

grid list
  • R (Miller & Others) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) & [2017] UKSC 5

    Representing members of an organization in 18 EU Members States (both in Divisional Court and in Supreme Court) in challenge regarding the Secretary of State’s power to give notification under Article 50 TEU.

  • 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.

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

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

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

Representative cases

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

 

What the directories say


‘A smooth silk who is perfect for the most challenging and demanding of clients.’
Legal 500 2019

"He has creative arguments and is a persuasive advocate."
Chambers UK 2019

'An excellent and commercial tactician.'
Legal 500 2018

"He thinks very quickly on his feet, and his presentation and manner in court are first class."
Chambers UK 2018

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
  • HSLA
Education
  • Pegasus Scholar (Bermuda & USA) (1995)
  • Bar Scholar to the EC Commission (DG IV) (1992)
  • BA (Law) Cantab (1989)
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.

Regulated by the Bar Standards Board.

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