Jason Coppel KC

Professional Summary

Called 1994 Appointed KC 2013

Contact Details

E Jason.Coppel@11kbw.com T +44 (0)20 7632 8500 Clerk Michael Smith Clerk Thomas Belcher Clerk Jake Foote E Contact Clerks

Jason Coppel’s practice focuses on public law, procurement law and information law, with particular emphasis on EU law and human rights issues. He has appeared in many of the leading public and procurement law cases of recent years, including the Article 50 TEU litigation, Gina Miller v Secretary of State for Exiting the European Union, Gardner v Secretary of State for Health (on discharge of hospital patients into care homes at the start of the Covid-19 pandemic) Camelot UK Ltd v the Gambling Commission (on the award of the licence to operate the National Lottery) and British Gas v Secretary of State for Energy Securing (the subsidy control challenge to the scale of Bulb Energy). He is ranked by the directories as a leading KC in public law, human rights, EU law and procurement and subsidy control law. He was in the Chambers & Partners Public Law and Human Rights Silk of the Year 2022 and the Legal 500 EU and Competition Law Silk of the Year 2018. He is a Deputy High Court Judge and a member of the disciplinary panels of the Football Association and the Rugby Football Union.

Specialisms

Public Law

Jason has a wide-ranging judicial review practice, representing claimants, NGOs and central and local government.

“Jason is one of the best public law silks around. His written work is superb and his advocacy is excellent. He is a pleasure to work with.” (Legal 500, 2021)

“Jason is a silk at the top of his game in the realm of public law. He is an accomplished advocate, unflappable on his feet and he is able to quickly grasp issues of the utmost complexity.” (Chambers and Partners 2023)

“Jason has become one of the pre-eminent public law silks. His particular strength is focus; being absolutely clear on the best points to take, and then being able to present them to the court in a highly persuasive way.” (Legal 500, 2022)

His significant recent cases include:

R (TTT) v Governing Body of the Michaela School
CO/1853/2023
Represents well-known School defending decision to prohibit the conduct of prayer rituals on School premises against challenge on religious discrimination, PSED and human rights grounds.

R (British Gas Trading and ors) v Secretary of State for Energy Security and Net Zero
[2023] EWHC 737 (Admin)
Represents Secretary of State defending public law and subsidy control challenge to the sale of Bulb Energy out of administration to Octopus Energy Group.

R (Gardner) v Secretary of State for Health
[2022] PTSR 1338
Represented claimants in successful public law challenge to the Government’s policies regarding protection of care home residents during the early stages of the pandemic.

R (Delo) v Information Commissioner’s Office
[2024] 1 WLR 263 (CA)
Represents the Claimant seeking to establish that the ICO has a duty to investigate and determine all complaints of breach of the GDPR rather than, as at present, determining only a small fraction of them.

R (Piffs Elm Limited) v Commissioner for Local Administration
[2023] 3 WLR 610 (CA)
Represented Local Government Ombudsman in leading case on the doctrine of functus officio as applied to Ombudsmen.

R (Timson) v Secretary of State for Work and Pensions
[2023] PTSR 1616 (CA)
Represented Severn Trent Water, an Interested Party in complaint against Secretary of State concerning the system for making deductions from social security benefits to pay utility bills.

R (Good Law Project & Runnymede Trust) v Prime Minister & Secretary of State for Health
[2022] EWHC 298 (Admin)
Represented claimant NGOs in discrimination and Public Sector Equality Duty challenge to the appointment of friends and contacts of Ministers to top pandemic-related jobs without open competition.

R (Friends of the Earth and ors) v Secretary of State for Business
[2022] EWHC 1841 (Admin)
Represented Good Law Project and Joanna Wheatley in successful challenge to the Government’s Net Zero Strategy. A challenge to the revised Strategy is pending before the Administrative Court.

R (Miller) v College of Policing
[2022] HRLR 6 (CA)
Represented the College of Policing in challenge to guidance on the recording by police of non-crime hate incidents, as applied to police handling of a complaint about gender critical tweets.

R (Good Law Project and EveryDoctor) v Secretary of State for Health
[2022] PTSR 644
Represented claimants in a challenge to the award of a number of contracts for PPE without open competition, in which the High Court held that the Government’s “VIP lane” was unlawful.

R (Fair Play for Women) v UK Statistics Authority
[2021] 3 WLUK 158
Represented claimant pressure group in successful challenge to guidance on answering the “What is your sex?” question in the 2021 census.

R (MP) v Secretary of State for Health
[2021] PTSR 1122
Represented claimant challenging regulations extending charging of fees for NHS treatment to “overseas visitors”.

R (Boris Johnson) v Westminster Magistrates Court
[2019] 1 WLR 6238
Represented Interested Parties defending Magistrates Court decision to issue a summons against Boris Johnson for misconduct in public office due to alleged lying during EU referendum campaign.

R (Law Centres Network) v Lord Chancellor
[2018] EWHC 1588 (Admin)
Represented claimant in successful judicial review of tender process for legal aid contracts to operate housing possession court duty schemes.

Gina Miller v Secretary of State for Exiting the European Union
[2017] 2 WLR 583 (SC)
Litigation to establish whether the Government was entitled to notify the European Council under Article 50 TEU of the UK’s intention to leave the EU without the prior authority of Parliament

Re Northern Ireland Human Rights Commission (Northern Ireland : Abortion)
[2019] 1 All ER 173 (SC)
Represented Equality and Human Rights Commission intervening in a challenge to the law restricting the availability of abortion in Northern Ireland.

Human rights law

Jason has a wide-ranging human rights practice both in the domestic courts and in Strasbourg and frequently appears in cutting-edge human rights claims.

“Excellent leader who is receptive and adaptable. Has the ear of the court” (Legal 500, 2021).

“A real expert in the area and great to work with.” (Chambers & Partners, 2022)

“One of the very best – he has brilliantly clear thinking and provides pragmatic advice.” (Chambers & Partners, 2023)

“He’s absolutely stellar on paper: Everything is analytically correct and written in a very convincing, persuasive and clear manner” (Chambers & Partners, 2020)

His significant recent cases include:

Banks v HMRC
[2022] 1 WLR 825 (CA)
Represented Aron Banks in A1P1 challenge to inheritance tax rules which were argued to discriminate against supporters of smaller political parties such as UKIP.

R (Crowter) v Secretary of State for Health and Social Care
[2023] 1 WLR 989 (CA)
Represented claimants challenging s.1(1)(d) of the Abortion Act 1967 on the grounds that it permits abortion without time limit where a foetus has a disability. The Court of Appeal dismissed the challenge, and the case will now proceed to the European Court of Human Rights.

Secretary of State for Work and Pensions v Hughes and ors
[2022] ICR 215 (CA)
Represented the Secretary of State for Work and Pensions in an age discrimination challenge to the cap on pension compensation payable from the Pension Protection Fund.

MS (Pakistan) v Secretary of State for the Home Department (SC)
[2020] 1 WLR 1373
Represented Equality and Human Rights Commission acting as appellant in Supreme Court appeal concerning the immigration rights of individuals who have been subjected to human trafficking.

Catt v UK
(2019) 69 EHRR 7
Represented the UK in European Court of Human Rights proceedings challenging the policy of the police in recording and retaining personal data, on the grounds of breach of Article 8 ECHR.

Re Northern Ireland Human Rights Commission
[2019] 1 All ER 173 (SC)
Represented Equality and Human Rights Commission in challenge to the human rights compatibility of the law restricting abortion in Northern Ireland.

Procurement and subsidy control law

Jason is widely recognised as one of the leading silks practising in procurement and subsidy control law. He has conducted procurement litigation since 1998 and has been instructed in many of the landmark domestic cases. He also has an extensive advisory practice, specialising in issues such as the application of procurement law to development agreements and other property deals, the permissible grounds for variation of existing public contracts and the contracting authority status of quasi-public bodies such as universities. He has been instructed in the Bulb litigation, the major post-EU law subsidy control case.

“One of the best procurement barristers in the field. He stands out above almost anyone else.” “He is brilliant on paper and so clever. He has an understated, calm approach in court” (Chambers & Partners, 2023)

“He is a very fine advocate who exercises good judgement and is excellent at marshalling and managing complex cases.” (Chambers & Partners, 2022)

“Provides fantastically clear and practical advice, and is a compelling advocate“; “He’s hardworking and technically outstanding” (Chambers & Partners 2021)

“One of the top two performing KCs.” (Legal 500, 2021)

His significant recent cases include:

Medequip Assistive Technology Ltd v Royal Borough of Kensington and Chelsea
[2022] EWHC 3293 (TCC)
Represented NRS Healthcare, the winning bidder in a procurement for a large-scale health supply and logistics contract, supporting the defendant’s successful application to lift the automatic suspension.

Teleperformance Contact Ltd v Secretary of State for the Home Department
[2023] EWHC 2481 (TCC)
Advised VFW Ltd, the Interested Party, on successful defence of application to lift automatic suspension on award of high value contracts for visa processing services.

Camelot UK Ltd v The Gambling Commission
[2022] EWCA Civ 1020 (CA)
Represented Camelot, the operator of the National Lottery, challenging the decision of the Gambling Commission not to award it the next, Fourth Licence to operate the National Lottery.

Draeger Safety (UK) Limited v London Fire Commissioner
[2021] EWHC 2221 (TCC)
Represented claimant in challenge to outcome of high profile procurement of breathing apparatus for London Fire Brigade.

Stagecoach East Midlands v Secretary of State for Transport
[2020] EWHC 1568 (TCC)
Represented claimant train operating companies in challenge to disqualification from procurement for right to operate West Coast mainline and HS2.

R (Good Law Project and 3 MPs) v Secretary of State for Health
[2021] EWHC 346 (Admin)
Represented claimants in successful challenge to failure of Government to publish details of contracts awarded for PPE and other supplies to address the pandemic.

R (Good Law Project) v Minister for the Cabinet Office
[2022] PTSR 933
Represented claimant in challenge to award of contract for market research services without competition to “friends” of the Minister and Dominic Cummings.

AEW v Basingstoke Council
[2019] EWHC 2050 (TCC)
Represented defendant in EU law-based challenge to large-scale development agreement for leisure park and retail complex.

SRCL v NHS Commissioning Board
[2019] PTSR 383
Represented claimant company challenging auction for clinical waste services on grounds that the defendant had accepted an abnormally low tender.

Amey Highways Ltd v West Sussex CC
[2019] PTSR 1995
Represented defendant to procurement challenges to award of high value highways maintenance contract, and subsequent decision to abandon the procurement.

Ryhurst Limited v Whittington NHS Trust
189 Con. L.R. 83
Represented defendant to claim by preferred bidder complaining of cancellation of tender process in the aftermath of Grenfell Tower Fire.

Circle (Nottingham) Ltd v NHS Rushcliffe CCG
[2019] EWHC 3635 (TCC)
Represented health service body in procurement and state aid challenge to tender process and method of financing of NHS hospital trust

EU law

Jason has been a leading practitioner in the EU law field for many years and has appeared at all levels in the domestic courts, as well as on several occasions in the Supreme Court and the Court of Justice of the European Union. Recently, he has acted for the Government in Supreme Court cases on Brexit matters and for Claimants in large scale EU and competition law challenges. He was awarded the Legal 500 EU and Competition Law Silk of the Year 2018 and has been nominated for the equivalent Chambers & Partners award.

“He is an extremely powerful and effective advocate and is genuinely respected by the judiciary” (Chambers & Partners, 2021)

“A very impressive operator” who “has a strong reputation and is a persuasive advocate” (Legal 500, 2020)

AT v Secretary of State for Work and Pensions
[2023] EWCA Civ 1307
Represented Secretary of State defending human rights challenge to non-payment of Universal Credit to EU Citizens with a right of residence under the Pre-Settlement Scheme.

Stagecoach East Midlands v Secretary of State for Transport
[2020] EWHC 1568 (TCC)
Represented claimant train operating companies in EU law-based challenge to disqualification from procurement for right to operate West Coast mainline and HS2.

The UK Withdrawal From The European Union (Legal Continuity) (Scotland) Bill
[2019] 2 WLR 1 (SC)
Supreme Court challenge to legality of Scottish Bill concerning allocation of EU legislative powers after Brexit.

Newby v Food Standards Agency
[2019] UKSC 18
Represented FSA in Supreme Court and CJEU in challenge to its actions seeking to enforce EU rules on meat production.

Information law

Jason has developed an extensive practice in data protection and freedom of information cases. Prior to taking silk he was a member of the Attorney General’s Freedom of Information Panel and of the panel of counsel instructed by the Information Commissioner.

“He is highly organised and someone you don’t want on the other side” (Legal 500, 2021)

“extremely good on technical arguments, and excellent at identifying and homing in on the one or two points that will win a case. The court takes him very seriously.” (Chambers & Partners, 2021)

His notable recent cases include:

Gradwell and others v Anglian Water Services and ors
BL-2019-002362
Represent defendant water company in large-scale challenge by property search companies seeking to recover charges made by water companies for drainage and water searches.

Magyar Helsinki Bizottság v Hungary
[2016] ECHR 975
Represented the UK Government intervening before the Grand Chamber of the European Court of Human Rights on the issue of whether Article 10 ECHR confers a right to freedom of information.

Community Care

Jason has acted in several cases concerning the fall-out from Cheshire West and the Re X litigation, including Re NRA [2015] EWCOP 59 and Re JM [2016] 4 WLR 64 in which the Court of Protection has dealt with issues of representation of incapacitated persons. He also acted for the Government in a recent challenge brought by local authorities to the funding made available for the deprivation of liberty safeguards: R (Liverpool City Council) v Secretary of State for Health [2017] EWHC 986 (Admin). He has acted as legal advisor to Essex University’s Autonomy Project, in particular on its study of compliance of the Mental Capacity Act 2005 with the Convention on the Rights of Persons with Disabilities.

Pensions

Jason’s extensive experience of pensions law has included long-running discrimination litigation regarding access to pension rights, age discrimination issues, the Local Government Pension Scheme and advising and representing the Department for Work and Pensions on the British Steel Pension Scheme, Guaranteed Minimum Pensions and state pension rights for transsexuals. He has also advised the Pension Protection Fund on levy and other issues.

Significant recent cases include:

Board of the Pension Protection Fund v Dalriada Trustees Ltd
[2021] ICR 479
Represented the Secretary of State for Work and Pensions in test case concerning the operation of the Fraud Compensation Fund in the context of compensation claims by occupational pension schemes which had been used as a vehicle for pensions scams.

MB v Secretary of State for Work and Pensions
[2019] ICR 115
Represented UK Government in CJEU challenge to refusal of state pension on grounds that a transsexual person had not obtained a Gender Recognition Certificate (on account of being married).

Hampshire v Board of the Pension Protection Fund
[2016] Pens LR 281
Represented UK Government in CJEU challenge to the statutory cap on PPF compensation referred to the CJEU.

Parris v Trinity College Dublin
[2017] ICR 313
Represented UK Government in CJEU proceedings concerning sexual orientation and age discrimination in payment of survivors’ pensions.

Walker v Innospec Pension Trustees
[2017] ICR 1077 (SC)
Represented Secretary of State in Supreme Court proceedings regarding whether the EU Framework Directive requires equal payment to survivors of same sex couples of of survivors’ pensions which accrued before it came into force.

Recommendations

In the 2023 edition of Chambers & Partners, Jason has been described as “One of the very best – he has brilliantly clear thinking and provides pragmatic advice.” “He is spectacularly good. Incredibly smart and thorough. Brilliant to have on your side.” “Jason has a fantastic personality that shines through in his advocacy.” “He is incredibly able, particularly on difficult, cutting-edge matters with constitutional elements.” “He’s great – really careful, super responsive, thorough and creative in his thinking.” “He is brilliant on paper and so clever. He has an understated, calm approach in court.” “Jason is a silk at the top of his game in the realm of public law. He is an accomplished advocate, unflappable on his feet and he is able to quickly grasp issues of the utmost complexity.” “He is very prominent and involved in a lot of high-profile cases.” “He is a really clever and clear advocate.” “One of the best procurement barristers in the field. He stands out above almost anyone else.” “He is brilliant on paper and so clever. He has an understated, calm approach in court.”

In the 2023 edition of Legal 500, Jason has been described as “clear-eyed and calm”, “his advocacy has a quiet authority to it.” “An extremely approachable silk. He gives clear and practical advice, and is second to none in this area of law.”

In the 2022 edition of Chambers & Partners, Jason has been described as “An exceptional barrister – his presentation is immaculate.” “His strategic vision of cases is really helpful. He is also prompt and clear in communicating advice.” “He has quite a skill in expressing things concisely for the appeal court.” “Jason is really smart and calm. His knowledge of discrimination law and EU law is encyclopedic.” “What makes him strong is his technical ability on the law; he is the sort of person who will fashion a Supreme Court argument in a couple of days.” “A real expert in the area and great to work with.” “He is a very fine advocate who exercises good judgement and is excellent at marshalling and managing complex cases.” “An excellent barrister who is very, very thorough and has an understated advocacy style.”

In the 2022 edition of Legal 500, Jason has been described as a “very impressive silk – a go-to barrister for procurement judicial review. Excellent on the papers and in advocacy, where he strikes the right balance of being firm but fair.” “Jason has become one of the pre-eminent public law silks. His particular strength is focus; being absolutely clear on the best points to take, and then being able to present them to the court in a highly persuasive way.” “Fantastically knowledgeable, Jason also has good judgement. He has a calm, measured advocacy style and is great with clients.”

Chambers and Partners 2021 edition has said Jason is “extremely good on technical arguments, and excellent at identifying and homing in on the one or two points that will win a case. The court takes him very seriously”, “he really fights his client’s corner”, “he’s extremely bright, strategic and user-friendly”, “provides fantastically clear and practical advice, and is a compelling advocate”, “he’s hardworking and technically outstanding”, “he is an extremely powerful and effective advocate and is genuinely respected by the judiciary”.

Jason has been described in the 2021 edition of Legal 500 as an “excellent leader who is receptive and adaptable. Has the ear of the court”, “one of the top two performing KCs”, “Jason is one of the best public law silks around. His written work is superb and his advocacy is excellent. He is a pleasure to work with”, “he is highly organised and someone you don’t want on the other side”.

Chambers and Partners has said about him that he has “laser-like precision and clear, commercial legal advice. Inspires real confidence … He is wonderfully clear and persuasive in court … a top-drawer silk for frontline cases”.

Chambers and Partners has also said about Jason: “he is very, very sound, and very well-liked by clients”, “is extremely able, and a very impressive opponent”, “provides astoundingly clear and thoughtful written advice, and is very sensible”, “extremely good technically and very knowledgeable in public procurement”, “extremely good, feared as an opponent and a very welcome member of the team when an ally”, “he is crisp, to the point and doesn’t go on. He’s sophisticated on information systems, and delivers a seamless service” and he “has a detailed understanding of information law, as well as an ability to provide clear strategic advice. You can have confidence in his judgment”.

Jason has been described in Legal 500 as a “a creative thinker and a determined fighter in court”, “he is popular with clients and very easy to work with”, “he has outstanding knowledge and experience of human rights law”, “he always brings a fresh perspective to a case”, “he knows which points to emphasise for maximum effect”, “a very measured advocate who is taken seriously by the judges” and as having a “rare ability to make difficult concepts sound straightforward”, “a market leader in the making”.

Jason was nominated for the award of Human Rights and Public Law Silk of the Year in the Chambers Bar Awards 2015, 2021 and 2022 and for the award of Barrister of the Year in The Lawyer Awards 2016. He was awarded Legal 500 EU and Competition Law Silk of the Year 2018.

He was The Times Lawyer of the Week on 18 February 2016: see article here.

Education

Brasenose College, Oxford University, B.A. (Law), First Class Honours (1990)

European University Institute, Florence, LLM in European, Comparative and International Law (1992)

Other

Languages:

French and Italian

Jason Coppel KC

Professional Summary

Contact Details

Specialisms

Public Law

Human rights law

Procurement and subsidy control law

EU law

Information law

Community Care

Pensions

Recommendations

Education

Other

Regulatory Information

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