EU & Competition Law
Our group of specialists is able to advise and litigate across the whole range of EU and competition law, both on purely EU issues and on the continuing interaction between EU law and the law of the UK post-Brexit.
One of the members of our group, Professor Sir Alan Dashwood QC, is an internationally recognised authority on EU law and the co-author of a leading textbook in the field, Wyatt & Dashwood’s European Union Law. He was formerly Professor of European Law at Cambridge and a Director in the Legal Service of the Council of the EU.
Members’ experience extends beyond the core areas of EU internal market and competition law to the protection of the environment, energy law, the Brussels I Regulation and the Lugano Convention, and the interface between EU law and investment law, including the application of the Energy Charter Treaty in intra-EU disputes.
Notable recent cases include:
- Crossley & oths v Volkswagen Aktiengesellschaft & oths  EWHC 783 (QB) (part of the VW Emissions litigation);
- R (Association of Independent Meat Suppliers) v Food Standards Agency (on the application in the UK of aspects of the EU Hygiene Regulations), before the Supreme Court and in the preliminary reference to the CJEU;
- The Micula litigation before both EU and national courts (on the compatibility with EU State aid law of the execution of an Award by an ICSID tribunal and the interface between the UK’s obligations under the ICSID Convention and its EU obligations), including the successful appeal to the Supreme Court in Micula v Romania  UKSC 5.
- Litigation relating to Brexit, including R (Miller & others) v Secretary of State for Exiting the European Union  UKSC 5.
Henderson Chambers is therefore well placed to advise individuals and companies wishing to do business in the EU, on EU law as the law of the market on which their goods and services are to be offered.
Chambers enjoys a leading position in many areas where EU law underlies domestic UK legislation (including as “retained EU law” pursuant to the 2018 Withdrawal Act), such as product liability, public procurement, employment law and banking law. Recent experience extends from litigation on worker’s holiday entitlements to failures of products in the aviation, pharmaceutical, medical devices, energy, manufacturing, retail, food and drink, and agricultural sectors involving long and multinational supply chains, and acting in a variety of high-profile procurement challenges in areas from defence to healthcare. Chambers’ position in these areas is reinforced by the expertise of members in the underlying EU law, which will continue to be important for the understanding of relevant domestic law, even as it begins to diverge from its European origins.
A further field of EU-related expertise in Henderson Chambers concerns the interpretation and implementation of the EU Withdrawal Agreement and the 2018 Withdrawal Act. Members of Henderson Chambers have advised government and private clients on issues that have arisen under the Withdrawal Agreement, including the Northern Ireland Protocol. Chambers is also well placed to advise on the recently concluded Trade and Cooperation Agreement between the UK and on the EU Future Relationship Act which implements the Agreement.
Representative casesgrid list
Micula v Republic of Romania (Supreme Court)
Acting for investor in one of the most significant recent cases regarding the interaction between investment treaty arbitration and EU law.
The Supreme Court ( UKSC 5) unanimously allowed the investor’s cross-appeal relating to the enforcement of a £250m arbitration award, in the face of EU law objections, a matter with significant bearing upon the ICSID system.
R (Miller & Others) v Secretary of State for Exiting the European Union  EWHC 2768 (Admin) &  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.
EU & Competition Law Barristers
Professor Sir Alan Dashwood KC
Call: 1969 Silk: 2010
Patrick Green KC
Call: 1990 Silk: 2012
Andrew Kinnier KC
Call: 1996 Silk: 2018
Henry Warwick KC
Call: 2007 (Solicitor: 2000) Silk: 2020
Adam Heppinstall KC
Call: 1999 Silk: 2021