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Areas of Practice
Daniel Stilitz QC and Joseph Barrett successfully resist Art. 11 ECHR challenge to the UK's trade union legislation in Court of AppealRead More
Court of Appeal Hands Down HIV Drug JudgmentRead More
Local Authority Conference 2016 - EU Procurement and State aid lawRead More
EU Public Procurement and State aid: recent key developmentsRead More
11KBW listed in Labour & Employment and Public Procurement in this year’s Who’s Who LegalRead More
Tenth Joint Local Authority Seminar - Winckworth Sherwood & 11KBWRead More
Joseph’s main areas of practice at 11KBW are public law (in particular EU, public procurement and State aid, human rights, local government, education and freedom of information/data protection), commercial law and employment law. The legal directories (chambers and partners, Legal 500 and Who’s Who legal) all rank Joseph as a leading junior at the Bar: "A fearless advocate, a tenacious fighter and a real star of the future", "Sensational"; "certainly one of the leading juniors at the bar"; "indefatigable in his efforts to get the right result for the client”; “someone who doesn't sit on the fence”; “he's really, really clever and great at drafting"; "able to cut through the difficult legal issues"; “excellent written and oral presentations”; "peers and clients are equally effusive"; "fantastic depth of knowledge"; "shrewd tactical approach".
Joseph Barrett has very significant expertise in EU public procurement, State aid and certain types of competition (in particular abuse of dominance) litigation, where he is regularly instructed in leading cases (frequently against QCs or senior juniors). He has acted in more than 100 High Court EU procurement cases and has experience of litigation under all of the principal EU procurement regimes, i.e. public contracts, utilities and defence and security. Joseph also has experience of advising both economic operators and public authorities in connection with EU Commission complaints and investigations regarding alleged breaches of the EU procurement and State aid regimes.
In March 2014, Joseph was appointed to the Attorney General's 'C' panel of Counsel.
During 2009-2010, Joseph was the Judicial Assistant to the Deputy President of the UK Supreme Court, Lord Hope of Craighead. During his time at the Supreme Court Joseph was closely involved in many of the leading cases in his areas of practice.
Prior to joining Chambers, Joseph was an Associate with Linklaters LLP in the firm’s London, Hong Kong and Moscow offices. While at Linklaters, Joseph was ranked by Chambers Guide to the Legal Profession as ‘up and coming’ and ‘a rising star’.
Joseph graduated from the University of Glasgow with first class honours in law. He obtained a first class mark for each of his six finals papers and won the Bennet Miller Prize for Scots Law. Joseph also holds an LL.M from Harvard Law School. He has won a variety of academic prizes and scholarships at all stages of his academic career.
Public Law and Human Rights
R (Boots Management Services Ltd) v The Central Arbitration Committee and the Secretary of State for Business, Innovation and Skills
 EWCA Civ 66
Acting successfully for the Secretary of State for Business, Innovation and Skills in the Court of Appeal, establishing that the UK's trade union collective bargaining legislation does not breach Article 11 of the European Convention on Human Rights.
R (National Aids Trust & Local Government Association) v NHS Commissioning Board and Secretary of State for Health
 EWCA Civ 1100
Sole counsel acting successfully for the Secretary of State in establishing that NHS England has legal power to commission specialist HIV prevention treatment
Perinatal Institute v Healthcare Quality Improvement Partnership
 EWHC 2626 (TCC)
Sole counsel for the successful Defendant, HQIP, in lifting an automatic suspension on the award of the contract for the rollout and delivery of a national perinatal mortality project across the NHS in England, Wales and Scotland.
R (Justice for Health Ltd) v The Secretary of State for Health; R (BMA) v Secretary of State for Health
 EWHC 2338 (Admin)
Acting successfully for the Secretary of State in defending various judicial review and competition law challenges to the introduction of a new national model contract for junior doctors in the NHS.
R (Ghulam & Ors) v Secretary of State for the Home Department
 EWHC 2639 (Admin)
Acting successfully for the Secretary of State in 3-linked judicial review test cases challenging the rate of financial support for adult and dependant child asylum seekers.
Newlyn Plc v London Borough of Waltham Forest
 EWHC 771 (TCC)
Sole counsel for the successful Defendant, LBWF, in striking out/obtaining summary judgment on PCR 2015/judicial review claims challenging the award of contracts for enforcement agent/bailiff services under the YPO national dynamic purchasing system.
Attorney-General for the Prince of Wales v the IC and Mr Michael Bruton
 UKUT 0154 (AAC)
Acting for Mr Bruton in the upper tribunal in a case concerning whether the Duchy of Cornwall/Duke of Cornwall (i.e. Prince Charles) is a public authority under EU environmental access to information law.
Sonnex v Ministry of Justice and Her Majesty’s Prison Service
Unreported, Kerr J, March 2016
Acting successfully as sole counsel for the Defendants in resisting a claim for judicial review, and mandatory injunctive relief, under Article 3 ECHR.
Energysolutions EU Ltd v Nuclear Decommissioning Authority
 EWHC 1988 (TCC)
Acting for the Defendant in on-going litigation relating to the award of a contract for nuclear decommissioning services.
Woods Building Services v Milton Keynes Council
 EWHC 2172 (TCC),  LGR 747,  BLR 591
Sole counsel for the successful claimant, Woods, in the first case in which High Court has considered EU law principles of effective remedy relating to mandatory orders and damages following the setting aside of a contract award decision under the Public Contracts Regulations 2006.
Woods Building Services v Milton Keynes Council
 EWHC 2011 (TCC),  LGR 715,  BLR 571
Sole counsel for the successful claimant, Woods, in the first case in which the High Court has set aside a public contract award decision under the Public Contracts Regulations 2006. Leading case on the legal principles applicable to EU procurement scoring challenges.
Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors
 UKSC 45,  PTSR 1088;  1 All ER 763;  3 CMLR 47, SC, July 1 2015
Acting for the Claimants/Appellant on a leading case on: (i) material variations to public contracts, (ii) compliance of OJEU contract notices with EU transparency requirements, and (iii) the application of EU procurement law to ‘internal’ arrangements between public bodies.
Hotak and others v London Borough of Southwark and another
 UKSC 30
Acting successfully for the Secretary of State in a leading case on: (i) the scope of the s.189 Housing Act 1996 ‘priority need’ housing duty, and (ii) the public sector equality duty.
Bristol Missing Link Limited v Bristol City Council
 EWHC 876 (TCC),  LGR 480
Acting successfully for BMLL in maintaining the automatic suspension in relation to a significant contract for domestic violence support services.
Energy Solutions EU Ltd v Nuclear Decommissioning Authority
 EWHC 73
Leading case on awards of damages and EU principles of effective remedy in EU procurement claims.
Solent NHS Trust v Hampshire County Council
 EWHC 457 (TCC)
Acting successfully for HCC in lifting the automatic suspension in respect of £40m contract for substance misuse recovery services. The claim was subsequently settled.
R (Boots Management Services Ltd) v The Central Arbitration Committee
 EWHC 2930 (Admin)
Acting successfully for the Secretary of State for Business, Innovation and Skills in establishing that UK trade union recognition law does not breach Article 11 of the European Convention on Human Rights.
Le Vay v Information Commissioner and the Home Office
Acting successfully for the Home Office in establishing that tenderers' actual prices for providing immigration detention services were exempt from disclosure under s.40(2) of FOIA (prejudice to commercial interests).
NP Aerospace v Ministry of Defence
 EWHC 2741 (TCC) and  EWHC 3603 (TCC)
Acting successfully for the Claimant in the first case in which the Courts have consider the Defence and Security Public Contracts Regulations. The claim was brought on abnormally low tender, post-contract award variations and various EU law competition grounds relating to a very substantial contract for conversion of military vehicles. The claim settled on confidential terms shortly after the Defendant was ordered to make specific disclosure.
DWF LLP v Secretary of State for Business Innovation and Skills, acting on behalf of the Insolvency Service
 EWCA Civ 900
Acting successfully for the Appellant in the first case before the Court of Appeal to consider the correct approach to applications to lift the automatic suspension in EU procurement litigation.
Surrey Heath Council v Information Commissioner and John Morley
 UKUT 0339 (AAC)
Acting successfully for the Appellant in a test case concerning the data protection and Article 8 ECHR rights of children, where personal information has entered the public domain via Facebook.
Wealden Leisure Ltd v Mid Sussex District Council
 PPLR NA19
Acting successfully for the Claimant in a claim for breach of statutory duty and Art. 56 TFEU challenge to the award of a £120m leisure concession contract.
Clark & Partners Limited v Sheffield Teaching Hospitals NHS Foundation Trust HT-14-57
(13 March 2014)
Acted successfully for the Claimant in a claim under the PCR 2006 arising from a lack of clarity in the Defendant’s invitation to tender documents.
Covanta Energy Limited v Merseyside Waste Disposal Authority (with Nigel Giffin QC)
 EWHC 2922
Acting successfully for the Claimant in obtaining an injunction under the PCR 2006 prohibiting the award of a £1.2bn contract for the construction, financing and operation of a major energy from waste facility.
R v Ezeemo & Ors
 4 All E.R. 1016
Acting of the Environment Agency in successfully resisting ultra vires and various EU law challenge to the UK’s transposition of EU waste directives.
Bruton v Information Commissioner & Duchy of Cornwall
 1 Info LR 17
Acting successfully for the Claimant in a test case establishing that the Prince of Wales’ Duchy of Cornwall is a public authority subject to the Environmental Information Regulations.
Shepherd Offshore Ltd v North Tyneside Council; R (Shepherd Offshore Ltd) v North Tyneside Council
 E.St.A.LQ 638
Acting successfully for the Claimant in judicial review proceedings on State aid grounds and an EU procurement claim under the PCR 2006 challenging the award of a concession relating to the exploitation of crane services at a commercial harbor area.
Covanta Energy Ltd v Merseyside Waste Disposal Authority
 EWHC 2964
Acting for the Claimant in an application for early specific disclosure under CPR 32.12 in a major EU procurement claim.
R (London Borough of Lewisham & Ors) v AQA, Edexcel and Ofqual
 EWHC 211
Acting for the coalition of local authorities, schools and pupils in a major judicial review challenge alleging conspicuous unfairness in the grading of GCSE English results in June 2012.
Law Enforcement International Limited v National Policing Improvement Agency
Acting for the Claimant challenging the NPIA’s purported decision to use a ‘Single Tender Action’ for the purchase of weapons (and thus forego the holding of a public procurement under the PCR 2006) on grounds of national security. The case settled on confidential terms following disclosure.
Harry Yearsley Ltd v Secretary of State for Justice
 EWHC 160
Acting for the Ministry of Justice in defending a multi-million pound damages claim under the PCR 2006.
Glen Water Limited v Information Commissioner
Acting for a successful tenderer in a major waste treatment public procurement seeking disclosure of unsuccessful tenderers bid documentation and details of the contracting authority’s public sector comparator model under the EIRs.
Clyne v Information Commissioner & London Borough of Lambeth
A case concerned with the right of access to local authority records concerning controversial planning matters. The local authority asserted that information was not held and the Information Tribunal gave an important judgment about the restoration of expunged e-mail accounts.
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