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  • Julian Milford
    Areas of Practice

  • Commercial Judicial Review
  • Education
  • Employment
  • European Union
  • Human Rights
  • Information
  • Media Law
  • Pensions
  • Procurement and State Aid
  • Professional Discipline and Regulatory Law
  • Public
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  • Activity from
    Julian Milford

  • Recent cases

    Judicial review of Leveson consultation

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    Labour Leadership: Party wins Appeal regarding voting rights

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  • Article

    Public Sector Equal Pay Claims: New frontiers opening up?

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    Working Time: Holidays

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  • News

    Appointments to Treasury Panel 2014

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    Timothy Pitt-Payne QC, Jonathan Swift QC and Julian Milford feature in The Lawyer's Top 20 Cases

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Julian Milford

Julian Milford

Julian Milford

Practice Overview

"Very meticulous in his approach and on a personal level he's always approachable and never too busy for a quick word of advice."

"He is very knowledgeable, hard working and dedicated to achieving the best outcome."

"A calm, courteous and effective barrister."
Chambers and Partners 2017

"He is effective and charming" 

 
"He has an exceptional mind as well as being extraordinarily good with clients" 

 
"He is intellectually rigorous and works very well with clients, commanding their complete confidence"
Legal 500 2016

"An all-round employment specialist, with particular expertise in complex discrimination cases"

"A very bright senior junior who quickly masters his brief"

"Utterly charming and clients love him. If you give him a seemingly impossible deadline, he comes up with the goods"
Chambers & Partners 2016

"Particularly strong in the field of information law, especially in cases involving national security or international relations"
Legal 500, 2015

He's very good on his feet, and has an excellent grasp of detail and a sharp intellect

Julian is especially good at understanding sensitivities and concerns. He's honest and forthright with issues and problems, and will lay the legal issues out, and explain the best option to go forward

His manner in conference is beautiful. He's approachable, articulate and very good at dealing with clients and understanding their perspectives
Chambers & Partners 2015

"He has delivered excellent quality work on major race and age discrimination claims."

"We use Julian for fiendishly difficult tasks; he adopts an intellectual approach without being over-academic and one feels very confident in the intellectual basis of his argument."
Chambers & Partners, 2014

Julian Milford was called to the bar in 2000. His main areas of practice are public law, freedom of information/data protection, and employment law. Julian undertakes advisory and judicial review work in the field of public and constitutional law for central and local government, other public authorities, and individuals. He appears regularly in the employment tribunal and civil courts in employment cases. He also frequently advises on and acts in data protection and freedom of information cases. He has experience in protection from harassment proceedings. He is a member of the A Panel of Treasury Counsel.  

EMPLOYMENT LAW

Julian regularly acts for both claimants and respondents in a wide range of employment tribunal disputes, where his clients include major national and international companies, banks, local authorities, police forces, unions, and healthcare providers. He has appeared before the High Court, the Employment Appeal Tribunal and the Court of Appeal on behalf of clients in employment cases. He has wide experience across the employment tribunal’s statutory jurisdiction and in High Court employment issues, including industrial action and business protection cases. His recent and current experience includes:

  • Strike injunctions in the High Court on behalf of Govia Thameslink Railway (the franchise holder for the Southern Rail network): see e.g. Govia Thameslink Railway Ltd v ASLEF [2016] IRLR 686, [2016] EWHC 1320 and Govia Thameslink Railway Ltd v ASLEF [2016] EWHC 985.
  • Complex employment tribunal discrimination/whistleblowing claims (recent examples include EF v AB [2015] IRLR 619, EAT, March 25 2015, concerning alleged sexual harassment of a senior executive).
  • Test cases concerning the National Minimum Wage, including Governing Body of Binfield Church of England Primary School v Roll [2016] IRLR 670 and Nambalat v Taher/Udin v Chamsi-Pasha [2012] IRLR 180.
  • A number of large-scale equal pay employment tribunal claims. Julian has extensive experience in equal pay claims, and has been instructed both by individuals and on behalf of local authorities, unions, NHS Trusts, non-departmental public bodies, and large outsourcing companies. 
  • A claim in which he obtained the then highest ever employment tribunal award on behalf of a client under the Disability Discrimination Act 1995.
  • Litigation about the compatibility of a major airline’s PHI schemes with age discrimination legislation.
  • Restrictive covenant proceedings in the Queen’s Bench and Chancery Divisions of the High Court involving partnership and employment disputes.

FREEDOM OF INFORMATION/DATA PROTECTION

Julian has acted in a number of high-profile cases concerning freedom of information and data protection, including the following:

  • Vidal-Hall v Google Inc [2015] EWCA Civ 311, [2015] 3 WLR 409: a case concerning the use of “browser generated information” held by Google to target adverts at persons using the internet. The case concerns issues regarding (i) the scope of “personal data” under the DPA; and (ii) the availability of a remedy under the DPA for breaches involving no financial loss.
  • Current proceedings in the Court of Appeal concerning the exemption from the DPA for personal and family information, and the meaning of “personal data”: Ittihadieh v Cheyne Gardens RTM Co Ltd/Deer v University of Oxford.
  • The release of letters between The Prince of Wales and Government Ministers including the Prime Minister, and subsequent proceedings concerning the use of the veto.
  • Issues as to whether water companies, the Sovereign or the Royal Household are public bodies for the purposes of the Environmental Information Regulations (Fish Legal and Shirley v Information Commissioner and ors [2015] UKUT 52; Cross v Information Commissioner and ors [2016] UKUT 0153).
  • The release of records of conversations between Tony Blair and George Bush related to the Iraq War (Plowden v Information Commissioner and FCO [2013] 2 Info LR 79).
  • The release of telephone conversations between Lord Lawson and George Osborne.
  • The release of documents held by the Cabinet Office related to the Hillsborough football disaster.

PUBLIC AND CONSTITUTIONAL LAW/HUMAN RIGHTS

Julian undertakes advisory and High Court public and constitutional law work for local authorities, central government, NHS authorities, individuals, public interest groups and others. That work includes judicial review claims connected with information rights, judicial review claims in the education field, and high-value commercial judicial review cases. He also acts in regulatory cases (for example, concerning the health professions and the care of vulnerable adults). He has appeared before the European Court of Human Rights. His recent and current work includes:

  • Acting for the Labour Party in proceedings challenging the Labour Party’s right to determine the eligibility of members to vote in the 2016 leadership election: Evangelou v McNicol [2016] EWCA Civ 817.
  • Acting for HMG in current proceedings before the Investigatory Powers Tribunal and European Court of Human Rights concerning alleged breaches of the ECHR and the Regulation of Investigatory Powers Act 2000, arising from disclosures made by Edward Snowden (Liberty, Privacy International, Amnesty International and ors v GCHQ and ors [2015] HRLR 2, Big Brother Watch and ors v United Kingdom).
  • Acting on behalf of the London Oratory School in a successful challenge to the Schools Adjudicator’s finding that the school’s admission arrangements were unlawful: R(Governors of London Oratory School) v Schools Adjudicator [2015] ELR 335.
  • Acting on behalf of the Attorney General in a judicial review of the Attorney General’s decision to veto the release of letters between The Prince of Wales and Government Ministers (R(Evans) v Attorney General [2014] 2 WLR 1334).
  • Acting on behalf of a local authority in judicial review challenges to decisions to cease funding full-time nursery education (R(Morris and Thomas) v Rhondda Cynon Taf CBC [2015] ELR 559, (2015) 18 CCLR 50; R(West) v Rhondda Cynon Taf Council [2014] ELR 396.
  • Representing the Secretary of State for Work and Pensions in judicial review claims concerning the compatibility of the Government’s welfare to work programmes with human rights (e.g. R(Smith) v Secretary of State for Work and Pensions [2015] EWCA Civ 229).
  • Acting on behalf of HMG in proceedings concerning the application of doctrines of Act of State/sovereign immunity/applicable law to claims brought by a Libyan politician and his wife: Belhaj and Bouchar v the Rt Hon Jack Straw and ors [2013] EWHC 4111.
  • Representing the Medicines and Healthcare Products Regulatory Authority in High Court proceedings concerning issues of the compatibility of domestic legislation on the regulation of wholesale dealers in medicines with EC law, and concerning the lawfulness of suspensions of wholesale dealing licenses.
  • Judicial review claims about the compatibility of the Armed Forces’ redress scheme with Article 6 ECHR (e.g. R(Clayton) v Army Board [2014] EWHC 651).
  • Cases in the European Court of Human Rights about subject-matter including the compatibility with the ECHR of the stop and search powers in the Terrorism Act 2000 sexual orientation discrimination in the armed forces, and the compatibility with the European Convention of changes to the state pension age.

ACADEMIC AND PROFESSIONAL QUALIFICATIONS

Education
Julian studied English Literature from St. John’s College, Oxford. He subsequently spent a number of years as a professional pianist, becoming one of Britain's leading young chamber musicians.

Appointments
Julian is a member of the Treasury Counsel A Panel.

Memberships
Administrative Law Bar Association
Employment Law Bar Association

Publications
Contributor to Tolley’s Employment Handbook and Butterworth’s Employment Service.

Cases

Govia Thameslink Railway Ltd v ASLEF
[2016] EWHC 1320 (QB);QBD, June 2 2016;[2016] IRLR 686
Interim injunction granted to prevent union from inducing train drivers employed on Gatwick Express from breaking their contracts by taking part in industrial action.

Governing Body of Binfield Church of England Primary School v Roll
EAT, January 18 2016; [2016] IRLR 670
School security guard not entitled to be paid National Minimum wage for time when he was on call to deal with emergencies, as he was sometimes away.

R. (Morris and Thomas) v. Rhondda Cynon Taf CBC
[2015] EWHC 1403 (Admin),[2015] ELR 559; (2015) 18 CCLR 550, Admin Ct, May 18 2015
There was no inviolable rule that alternatives had to be consulted upon in every consultation exercise.

EF v AB
[2015] IRLR 619, EAT, March 25 2015
Restricted reporting orders in the employment tribunal

Liberty v GCHQ and others
[2015] 3 All ER 142 , [2014] UKIPTrib 13_77-H, Investigatory Powers Tribunal, December 5 2014
Statutory procedures and codes of practice used by the respondents to collect and manage private data obtained via interception were not contrary to the ECHR.      

Liberty v GCHQ and others (No. 2)
[2015] 3 All ER 212 , [2014] UKIPTrib 13_77-H, Investigatory Powers Tribunal, February 6 2015
Regime for collecting and managing private data obtained via interception prior to disclosures during earlier hearing was contrary to the ECHR.

R(London Oratory School) v The Schools Adjudicator
[2015] EWHC 1012 (Admin)
Faith School  Admission Criteria

Vidal-Hall v Google Inc
[2015] EWCA Civ 311
Data protection; information technology; the availability of damages for breach of Data Protection Act 1998, and the definition of “personal data”

R(Smith) v Secretary of State for Work and Pensions
[2015] EWCA Civ 229
Employment Schemes; compatibility of regulations with enabling Act.

Liberty and ors v Secretary of State for Foreign and Commonwealth Affairs and others
[2015] 1 Cr App R. 24, [2015] HRLR 2
Surveillance powers; compatibility of UK regime for interception of communications with human rights

Invideous v Thorogood
[2014] EWCA Civ 1511
Contempt of court; procedure

Clayton v Army Board of the Defence Council
[2014] EWHC 1651 (Admin), [2014] ACD 322, QBD (Admin Ct), May 22 2014
Service complaint brought by Army linguist relating to career management – Resolution of the complaint did not turn on disputed issues of fact where an oral hearing might assist.

R (West) v Rhondda Cynon Taf County Borough Council
[2014] EWHC 2134 (Admin);[2014] ELR 396; QBD (Admin), May 23 2014
A local authority’s decision to withdraw funding for full-time nursery education of three-year-olds was quashed as it had failed to comply with its statutory duties.

R (Evans) v Attorney General
[2014] EWCA Civ 254, [2014] 2 WLR 1334, CA, March 12 2014; [2014] QB 855
Court of Appeal’s decision on judicial review challenge to exercise of veto over correspondence between The Prince of Wales and Government Ministers.

AB v CD and EF
[2014] Eq LR 93 (summary)
Senior executive not sexually harassed because any activity he had taken part in had been consensual. Julian acted for the second respondent.

Belhaj and Boudchar v Rt Hon Jack Straw MP and ors
[2013] EWHC 4111 (QB)
Trial of preliminary issue as to whether claims against HMG and individual claimants (including former Foreign Secretary) in relation to alleged rendition to Libya were barred by principles of sovereign immunity or foreign act of state. Julian acted for the Defendants.

R (Evans) v Attorney General
[2013] EWHC 1960 (Admin), [2013] 3 WLR 1631; [2014] 1 CMLR 8
Judicial review of Attorney General’s decision to exercise veto over release of correspondence between The Prince of Wales and Government departments. Julian acted for the Attorney General.

Plowden v FCO and Information Commissioner
[2013] UKUT 275 (AAC), [2013] 2 Info LR 79
Upper Tribunal case concerning release of a record of a conversation between Tony Blair and George Bush prior to military action in Iraq. Julian acted for the FCO.


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Professional title: Barrister


Full name (as registered with Bar Standards Board of England and Wales):
Julian Milford


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