Edward Capewell

Edward Capewell

Professional Summary

Called 2009

Contact Details

E T +44 (0)20 7632 8500 Clerk Lee Cutler Clerk Michael Smith Clerk Jaden Maloney E

Edd practises as an advocate and adviser across the full range of Chambers’ work in employment & commercial law and public law. He has experience both as sole counsel and with a leader in litigation before a wide range of courts and tribunals including the High Court, Court of Appeal, County Court, Employment Tribunal, EAT and Upper Tribunal.

Examples of his recent instructions include a multi-million pound loss of profits claim in the Mercantile Court (University of Wales v London College of Business Ltd), the widely-reported decision on the establishment of combined authorities as part of the ‘Northern Powerhouse’ (Derbyshire CC v Sheffield City Region), the Southampton University freedom of speech case concerning an anti-Israel conference (R (Ben-Dor) v Southampton University) and as part of a team of counsel in a substantial civil fraud action in the High Court (deceit, breach of warranty, unlawful means conspiracy and breach of fiduciary duty).

Specialisms

Employment

In the employment law sphere, Edd’s practice is particularly focussed on High Court employment disputes of all types, and whistleblowing and discrimination claims in the employment tribunal. He acts for a wide range of corporate and individual clients across the private and public sectors and is an experienced trial advocate. His recent instructions include acting for several financial services and legal professionals in high-value whistleblowing and discrimination claims in the Employment Tribunal, for a large public authority defending multi-million pound group pay claims in the High Court, for a firm of FX brokers defending claims of automatically unfair dismissal in the Tribunal, and as part of a team of counsel in a substantial civil fraud action in the High Court (wrongful dismissal, deceit, breach of warranty, unlawful means conspiracy and breach of fiduciary duty).

Commercial

Edd has a busy practice in areas of commercial law relevant to his employment and public law practice, and also practises in general commercial litigation. Recent instructions include acting for a higher education institution in a multi-million pound loss of profits claim in the Mercantile Court (University of Wales v London College of Business Ltd), as part of a team of counsel in a substantial civil fraud action in the High Court (deceit, breach of warranty, unlawful means conspiracy and breach of fiduciary duty) and for individuals bringing professional negligence actions against their former solicitors.

Public

Edd’s public law practice at 11KBW is broad, but has a particular focus on all areas of local government law in which he has significant experience and expertise. Recent cases include the widely-reported recent decision on the establishment of combined authorities (R(Derbyshire CC) v Sheffield City Region), a case about land disposal, ‘open space’ and the best consideration duty (R (Whitstable Society) v Canterbury CC), the Southampton University freedom of speech case (R (Ben-Dor) v Southampton University) and the long-running VAT litigation concerning off-street parking (Isle of Wight Council v Revenue & Customs Commissioners). Edd also practises in EU law, particularly as it affects the activities of public authorities (including procurement and state aid matters) as well as in domestic and European human rights law.

Information

Edd’s practice in information law encompasses both Freedom of Information (including Environmental Information) and Data Protection matters. He has appeared on behalf of the Information Commissioner, local authorities and private companies in litigation before the County Court, First-Tier Tribunal, Upper Tribunal and Court of Appeal. Recent examples of litigation in which Edd has acted in this field include a dispute about the disclosure of a huge commercial contract for the construction of an energy to waste facility (Mercia Waste Management Ltd v Information Commissioner), a case about the right to electronic copies of documents under FOIA in the Court of Appeal (Innes v Information Commissioner) and a case in the Upper Tribunal about the scope of the legal professional privilege exception (GW v Information Commissioner).

Local Government

Edd has a busy practice acting for and against local authorities. He has wide experience of litigation across nearly all areas of local government activity. Recent cases include the widely-reported recent decision on the establishment of combined authorities (R(Derbyshire CC) v Sheffield City Region), a case about land disposal, ‘open space’ and the best consideration duty (R (Whitstable Society) v Canterbury CC), the long-running VAT litigation concerning off-street parking (Isle of Wight Council v Revenue & Customs Commissioners) and the litigation concerning the status of local authority parks constables (UNISON v Wandsworth BC).

Recent Cases

R (Whitstable Society) v Canterbury City Council
[2017] EWHC 254 (with James Goudie QC)
Disposal of land for best consideration, ‘open space’ and discretionary refusal of relief

R (Derbyshire County Council) v Sheffield City Region Combined Authority
[2016] EWHC 3355 (Admin) (with James Goudie QC)
Combined authorities, scope of duty of consultation

University of Wales v London College of Business Ltd
[2016] EWHC 888 (QB)
Breach of contract, quantum of lost profits, expert evidence

Wandsworth LBC v Vining
[2016] ICR 427
Human rights and exclusions from trade union rights & the right to claim unfair dismissal

R (Ben Dor) v University of Southampton
[2016] EWHC 953 (Admin); [2016] ELR 279
Academic freedom of expression, human rights and the threat of terrorism

R (L&P) v Warwickshire County Council
[2015] EWHC 203 (Admin), [2015] LGR 81 (with James Goudie QC)
Scope of common-law consultation obligations and assessments under Children Act 1989

Innes v Information Commissioner
[2014] EWCA Civ 1086, [2015] 1 WLR 210
FOIA permits requests for information in particular software formats

R (Isle of Wight Council) v HMRC
[2014] UKUT 446 (TCC), [2015] STC 460 (with Julian Ghosh QC and Clive Sheldon QC)
Non-taxation of local authorities to VAT likely to lead to substantial distortions of competition in the off-street parking market

Education

University of Cambridge MA, MPhil

City University, PgDipL

Other

Memberships: ALBA, BEG, COMBAR, ELA, ELBA

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Regulatory Information

All members of Chambers are registered with the Bar Stardards Board of England and Wales. For general terms and conditions on which services are provided - click here

Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Edward Capewell

VAT Number: GB 107139633

Legal Status: Sole Practitioner

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd - click here for more details

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