Patrick Halliday

Professional Summary

Called 2005

Qualification

MA (Cantab), Dip Law (City University)

Contact Details

Email Patrick.Halliday@11kbw.com

Clerks Lee Cutler

Clerks Michael Smith

Phone +44 (0)20 7632 8500

BIOGRAPHY

Patrick has an employment, procurement, public and commercial law practice.  He is recommended for employment law in both Chambers & Partners and the Legal 500.  The directories comment that he "knows his cases inside out"; is "a very strong junior"; has a "calm and persuasive demeanour that works wonders with judges”; is "extremely fast-thinking”; is "an excellent cross-examiner”; and is a "confident and reliable" advocate.

Patrick was appointed to the Attorney General’s ‘B’ panel of counsel in March 2014.

He obtained a first class degree in Social and Political Sciences from Pembroke College, Cambridge University; and a distinction in the law conversion course at City University.

EMPLOYMENT

Patrick practises in all areas of employment law.  Much of his recent work has involved discrimination and whistleblowing claims in the financial services and health sectors; and injunction applications against former employees.

Current and recent cases include:

  • Ali Dizaei v Commissioner for the Metropolitan Police and others:  acting (led by Clive Sheldon QC) for the Metropolitan Police Authority, in a high profile race discrimination and victimisation claim, which was named by The Lawyer as one of its ‘Top 20 Cases of 2013’;
  • acting (led by Daniel Stilitz QC) for a well-known global investment bank in a high value sex and pregnancy discrimination claim;
  • acting (led by Christopher Jeans QC) for one of the UK’s top four retailers in a very high value claim by three hundred employees for equal pay;
  • Emmanuel v City & Hackney Teaching Primary Care Trust and Secretary of State for Health [2011] EqLR 1291 (led by Adrian Lynch QC):  successfully arguing on behalf of the Secretary of State a genuine material factor defence in a national test case for equal pay claim by NHS nurses.

He acts regularly as sole counsel in multi-day employment tribunal trials concerning all aspects of statutory employment law.  He appears regularly in the Employment Appeal Tribunal.

PROCUREMENT

Patrick specialises in procurement law.  He regularly advises both contracting authorities and tenderers on a wide range of procurement issues.

His recent litigious work for claimants includes acting in the High Court:

  • (led by Nigel Giffin QC) in a claim against the Legal Services Commission concerning a tender for legal aid work (settled on terms favourable to the claimant);
  • (as sole counsel) against two primary care trusts, in a claim concerning procurement of cancer screening services (settled on terms favourable to the claimant).

He also acts for defendants in procurement litigation.  Recent or current work includes:

  • Shepherd Offshore Ltd v North Tyneside Council (led by Nigel Giffin QC): litigation which included both a claim under the Public Contracts Regulations 2006, and a judicial review challenge to the alleged grant of state aid;
  • Fujitsu Services Ltd v (1) Department for Transport (2) IBM United Kingdom Ltd (led by Nigel Giffin QC):  ongoing litigation about novation of public contract without a competition when the contractor’s business is acquired by a third party.

Increasingly, his procurement work has involved advising on state aid.  He has advised on the state aid aspects of transport infrastructure, support for community services, guaranties for 'in-house' procurement bids by local authorities and regeneration projects.

He edits (with Jason Coppel QC and Joseph Barrett) 11KBW’s Procurement Law Newsletter.  He delivers talks on procurement law, including on the new Directives.

PUBLIC

Patrick has been a member of the Attorney General’s ‘C’ panel since March 2010 and has acted in numerous claims for judicial review across a range of areas, including prisons, immigration, social security, libraries, human rights and the public sector equalities duty.  His public law work includes the following. 

  • R (Hurst) v London North District Coroner [2007] UKHL 13 and Jordan v Lord Chancellor [2007] UKHL 14 (led by the Attorney General and   Philip Sales QC):  Article 3 ECHR, coroners’ inquests and application of the Human Rights Act 1998 to deaths pre-dating the Act;
  • R (Moyse) v Secretary of State for Education [2012] ELR 551 (led by Clive Sheldon QC):  the only reported case on academy conversions  under the Academies Act 2010;
  • R (Williams) v Surrey County Council 
[2012] Eq LR 656 (led by Elisabeth Laing QC): library services and the public sector equalities duty;
  • R (Clulow) v Secretary of Work and Pensions [2013] EWHC 3241 (Admin) (sole counsel for Secretary of State): successfully resisted claim that the system for community care grants breached Article 14 of the ECHR
  • R (Manning) v Secretary of State for Justice [2013] EWHC 1821 (Admin) (sole counsel for Secretary of State):  lawful reversal of recategorisation decision.

Between 2008 and 2011 Patrick was junior counsel to the Baha Mousa Inquiry into the death of Baha Mousa in British Army custody in Iraq in 2003 and into the use of “conditioning” techniques by British soldiers.  During approximately 100 days of witness evidence Patrick was responsible for examining a number of witnesses on behalf of the Inquiry.

COMMERCIAL

Patrick’s commercial practice focuses on the commercial aspects of employment law, including injunctions, confidential information, restrictive covenants, the poaching of employees in unlawful team moves, bonuses and the attempted diversion of business opportunities by employee fiduciaries.  His recent and current commercial work includes:

  • acting in injunctive proceedings in the QBD and the Chancery Division, for both claimants and defendants;
  • advising on unfair prejudice petitions;
  • advising and acting for the Pension Protection Fund in references to the PPF Ombudsman;
  • Allen & Others v Sutton & Merton Primary Care Trust (sole counsel):  claim by GPs under personal medical services agreement for reimbursement of employer’s pension contributions;
  • Wolverhampton City Council v Mitie Property Services (UK) Ltd (led by Tim Kerr QC): a multi-million pound pensions claim involving allegations of conspiracy, listed for trial in the Chancery Division;
  • National Car Parks Limited v Borough Council of Worthing (sole counsel):  breach of contract claim in the Mercantile Court concerning mistake, rectification and public law defences concerning vires and agents’ authority. 

Cases

R (Clulow) v Secretary of Work and Pensions
[2013] EWHC 3241 (Admin)
(Sole counsel for Secretary of State): successfully resisted claim that the system for community care grants breached Article 14 of the ECHR.

R (Manning) v Secretary of State for Justice
[2013] EWHC 1821 (Admin) (03 July 2013)
A prison governor who had relied on a flawed risk assessment form when approving the recategorisation of a prisoner from Category C to open conditions had been entitled to reverse his decision upon learning that the form had omitted to refer to an unsatisfied confiscation order.  Sole counsel for the Secretary of State.

Shepherd Offshore Ltd v North Tyneside Council; R (Shepherd Offshore Ltd) v North Tyneside Council

(2013, TCC and Admin Court)
Acted for defendant authority in two sets of proceedings (one a claim under the Public Contracts Regulations 2006, the other a JR challenge to the alleged grant of state aid) which challenged arrangements for installation of an industrial crane.  Led by Nigel Giffin QC.

R (Moyse) v Secretary of State for Education

[2012] EWHC 2758 (Admin), [2012] ELR 551
The Secretary of State was not bound to accept the majority view of parents in a primary school that it should not become an academy but remain a local authority maintained school.  Led by Clive Sheldon QC.

R (Williams) v Surrey County Council
[2012] EWHC 867 (QB), [2012] Eq LR 656
A
Council failed to have ‘due regard' to the matters set out in s.149(1) of the Equality Act 2010 when it decided to deliver library services in certain areas via a Community Partnership model.  Led by Elisabeth Laing QC.

Baha Mousa Public Inquiry
(2008 - 2011)
Junior Counsel to the Inquiry into the death of Baha Mousa in British Army custody in Iraq in 2003 and into the use of “conditioning” techniques by British soldiers.

Emmanuel v City & Hackney Teaching Primary Care Trust and Secretary of State for Health

[2011] EqLR 1291
Junior Counsel for Secretary of State -- equal pay -- NHS nurses -- national test case -- genuine material factor defence (market forces) made out -- 7-week hearing.  Led by Adrian Lynch QC.

Camden Community Law Centre Ltd v Legal Services Commission
(High Court Claim No HQ10X0416) (2010)

Public procurement -- challenge to refusal by LSC to grant funding -- junior Counsel for the Claimant -- claim settled after proceedings issued.  Led by Nigel Giffin QC.

R (Bozzo) v Secretary of State for Welfare and Pensions
[2010] EWHC 3571 (Admin)

Human rights challenge to the eligibility rule for community care grants under the Social Fund -- the need for a qualifying benefit -- where applicant in need but in receipt of contributory-based incapacity benefit -- whether incompatible with Article 14 and Article 1 of Protocol 1.  Sole Counsel for the Secretary of State.

Beattie and others v Leicester City Council
[2009] UKEAT0386/09/SM
Whether by implied agreement support staff in voluntary aided schools were employed by the local education authority so that they could rely on local authority comparators in equal pay claims.  Sole counsel for the claimants.

Teva (UK) Limited v Heslip
[2009] All ER (D) 277 (Jul) (EAT)

Date of dismissal -- time limits for bringing claim -- reasonable practicability of bringing claim within three months.  Sole counsel for the employer.

R (Hurst) v London North District Coroner
[2007] UKHL 13, Jordan v Lord Chancellor [2007] UKHL 14

Junior Counsel for the Lord Chancellor in appeals to the House of Lords concerning the impact of article 2 of the European Convention on Human Rights on coroners’ inquests.  Led by Phil Sales QC and Lord Goldsmith.

Regulatory Information

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Professional title: Barrister


Full name (as registered with Bar Standards Board of England and Wales): Patrick Halliday

VAT Number: GB 898830750


Legal Status: Sole Practitioner


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