Rupert Paines

Rupert Paines

Professional Summary

Called 2012 England & Wales
Called 2020 Northern Ireland

Contact Details

E T +44 (0)20 7632 8500 Clerk Lee Cutler Clerk Ellie Hecht E

Rupert has substantial experience across a number of Chambers’ practice areas, from commercial and commercial employment litigation to public law, procurement, data protection, and EU cases.

He is ranked as a Leading Junior in the Legal 500 for administrative and public law, data protection, public procurement, employment law and defamation and privacy, and in Chambers and Partners in employment, group litigation, public procurement and data protection; the directories describe him as “exceptionally bright, he is a pleasure to work with and he is always across the detail in the most complex litigation”, “wise beyond his years”, and “a real talent and one to watch.

Rupert’s current and recent cases include acting for:

  • British Airways in Weaver and others v British Airways plc (group litigation arising out of the cyber-attack on BA in autumn 2018);
  • The Good Law Project, in a number of judicial reviews concerning the Government’s conduct in response to the Covid-19 pandemic;
  • Morrisons in Various Claimants v Wm Morrison Supermarkets plc (Supreme Court decision in first major data protection group claim);
  • Bank Mellat in Bank Mellat v HM Treasury (Administrative and Commercial Court claims relating to loss caused by UK sanctions on Iran);
  • The Isle of Wight Council in School Facility Management and others v Governing Body of Christ the King School and Isle of Wight Council (defence of a Commercial Court contract claim on the basis that the contract was ultra vires);
  • The Information Commissioner in Facebook Ireland Ltd v Information Commissioner (Facebook’s challenge to the monetary penalty notice imposed in relation to the ‘Cambridge Analytica’ matter);
  • HM Treasury in R (Adiatu and Independent Workers’ Union of Great Britain) v HM Treasury (EU and ECHR discrimination challenge to the Coronavirus Job Retention Scheme brought on behalf of ‘limb b’ workers).

In 2013/2014, Rupert spent a year as a Judicial Assistant at the Supreme Court, assisting Lord Toulson JSC and Lord Hughes JSC. During that time Rupert was closely involved in many of the leading cases in his current areas of practice.

Specialisms

Public Law

Rupert regularly advises and represents public bodies and commercial entities on issues concerning public law and judicial review, particularly in relation to matters with a human rights, European law, or commercial element. He advises on all aspects of vires and public bodies’ powers and obligations, and on challenges to public bodies’ decisions.

The directories state that Rupert “is a stand-out barrister and a real talent. He is quick to identify the key issues in the case. His written submissions are always of the highest quality; opposing counsel are instantly on the back-foot.

His recent cases include acting for:

  • The claimants in R (Gardner and Harris) v Secretary of State for Health and Social Care and others, alleging a breach of Article 2 ECHR by reason of the Defendants’ approach to the safety of care homes in the early stages of the pandemic;
  • The Good Law Project in a number of Covid-related judicial reviews challenging inter alia the award of substantial Government contracts without transparency or competition, and ministerial and civil servant use of private communications systems for Government business (ongoing);
  • Bank Mellat in various inter-related sanctions proceedings in the Administrative Court and Commercial Court in Bank Mellat v HM Treasury (settled on confidential terms);
  • Successfully, for the Isle of Wight Council in School Facility Management and others v Governing Body of Christ the King School and Isle of Wight Council [2020] EWHC 1118 (Comm); [2020] PTSR 1913 (establishing the proposition that ultra vires could be a defence to a multi-million pound commercial damages claim);
  • Successfully, as sole counsel, for the Chartered Institute of Taxation in R (Hannah) v Chartered Institute of Taxation [2021] EWHC 1069 (Admin) [2021] B.T.C. 14 (establishing that the Institute, a Royal Charter body, was not subject to judicial review in respect of its disciplinary decisions);
  • For central Government (successfully) in:
    • R (Adiatu and IWGB) v Her Majesty’s Treasury [2020] I.R.L.R. 658 (Coronavirus Job Retention Scheme and ‘limb b’ workers);
    • R (Qureshi and Greene) v Department of Health and Social Care (disclosure of ‘Project Cygnus’ documentation);
    • R (Asbestos Victims Support Groups’ Forum UK) v Lord Chancellor [2020] Costs L.R. 1175 (challenge to sufficiency of QOCS for non-mesothelioma asbestos-related diseases).

He appeared for the former Prime Minister of the Turks and Caicos Islands in the constitutional appeal to the Privy Council in Misick v The Queen [2015] 1 W.L.R. 3215, and for central Government in the Supreme Court appeal of R (C) v Secretary of State for Work and Pensions [2017] 1 W.L.R. 4127, which concerned DWP’s policies on the processing of historical gender identity data of transgender individuals.

Rupert is on the C Panel of counsel for central Government work.

Public Procurement & State Aid

Rupert has very considerable experience in the application of the procurement and state aid rules, and has been instructed in a significant proportion of recent high-profile procurement litigation before the UK courts, including the Edenred and EnergySolutions appeals at trial and in the Court of Appeal and Supreme Court.

He has expertise in all the various procurement regulations, in direct claims under s. 2 European Communities Act 1972, and in related judicial review remedies and commercial claims.

The directories state that Rupert “is a real talent and one to watch.” “He is hard-working, a good draftsman and someone who is easy to work with;” and that he is “[v]ery responsive, client friendly and hands-on.”

Rupert has recently been engaged, among other matters, in:

  • Biffa Waste Services Ltd v Leicestershire County Council: acted for Biffa in a procurement challenge to the award of a major waste contract.
  • Ryhurst Limited v Whittington Hospital NHS Trust (2020) 189 Con. L.R. 83 (TCC): acted for the Trust in successfully defending a procurement challenge to the Trust’s decision to abandon its procurement of a long-term Strategic Estates Partner at preferred bidder stage.
  • School Facility Management and others v Governing Body of Christ the King School and Isle of Wight Council [2020] EWHC 1118 (Comm): acted for the Isle of Wight Council in successfully defending a c. £8m contract / misrepresentation / unjust enrichment claim relating to a long-term contract for a modular building structure.
  • Alstom, Bombardier, and Hitachi v London Underground (2018, TCC). Acted for London Underground in successfully lifting the automatic suspension preventing London Underground from entering into a very substantial contract for the replacement of the Piccadilly, Central, Bakerloo, Waterloo & City Line train fleets.
  • EnergySolutions EU Ltd v NDA [2017] 1 WLR 1373, Supreme Court. Acted successfully for the appellant Nuclear Decommissioning Authority in a landmark Supreme Court judgment establishing that damages in procurement claims are only available if any breach of duty is ‘sufficiently serious’ within the meaning of the EU law conditions for Member State liability.
  • Bombardier Transportation UK Limited v Merseytravel [2017] 171 Con. L.R. 241; [2017] EWHC 726 (TCC); [2018] EWHC 41 (TCC). Acted for the successful applicant, Bombardier, in substantial TCC damages litigation under the UCR. Settled on confidential terms. The interlocutory judgments in the case are now leading authorities on the approach to be adopted to confidentiality rings in these proceedings.
  • Edenred (UK Group) Ltd and others v HM Treasury [2015] PTSR 1088; [2016] 1 All ER 763; [2015] 3 CMLR 47 (Supreme Court). Acted for the Claimants/Appellants in their Supreme Court challenge to the Government’s decision to abolish the competitive market for childcare voucher services in the UK and award a monopoly contract, license, or exclusive right to National Savings & Investments/Atos.

Commercial Law

Rupert advises and represents clients in all forms of commercial disputes, including in particular commercial employment disputes, disputes arising out of procurements, and public law (including EU/HRA) challenges to protect commercial interests. Rupert’s expertise in procurement, commercial law, and public law renders him well-placed to advise and represent clients at the intersection of these areas of practice.

Current and recent cases include:

  • Acting (as sole counsel) for an Iran-focused satellite TV channel in defending substantial High Court breach of contract and GDPR claims brought by a former contractor.
  • Acting for the claimant Bank in Bank Mellat v HM Treasury, a Commercial Court damages claim seeking substantial damages for unlawful sanctions imposed by the UK Government (one of The Lawyer’s Top 20 Cases of 2017). Settled on confidential terms.
  • Acting for the Isle of Wight Council in School Facility Management and others v Governing Body of Christ the King School and Isle of Wight Council [2020] EWHC 1118 (Comm) in successfully defending a c. £8m Commercial Court contract / misrepresentation / unjust enrichment claim relating to a long-term contract for a modular building structure.
  • Acting for Morrisons in its successful appeal to the Supreme Court in Various Claimants v WM Morrison Supermarkets plc [2020] A.C. 989, a high-value group litigation privacy/data protection claim against Morrisons, another of The Lawyer’s Top 20 Cases of 2017.
  • Acting for British Airways in Various Claimants v British Airways plc, also a high-value group litigation privacy/data protection claim against BA, concerning a cyber-attack on BA in 2018.

Rupert has substantial experience of claims for injunctive relief in the commercial employment sphere, both in relation to the enforcement of restrictive covenants and the protection of employer confidential information, and of contractual claims arising out of employment or quasi-employment disputes.

Employment Law

Rupert has substantial experience of High Court claims in the business protection/employee competition sphere, including for springboard and post-termination injunctive relief. He has been instructed in two of the largest such claims of 2021 (the Citadel and Guy Carpenter claims).

The directories state that Rupert “puts together extremely analytical, well argued and well presented documents, and he punches above his weight by producing work you would expect from someone much more senior“; that “[h]e is exceptionally bright, he is a pleasure to work with and he is always across the detail in the most complex litigation“; and that he is “[e]xtremely hard-working, very smart, and with a can-do attitude – working at a level significantly beyond his year of call.”

A sample of current and recent work includes:

  • Acting for Citadel Securities in High Court confidential information proceedings against GSA Capital and certain of its employees.
  • Acting for Guy Carpenter in High Court team move proceedings against Howden and certain of Guy Carpenter’s employees and/or former employees.
  • Acting for Crossrail, defending a ‘blacklisting’ claim brought against Crossrail and a number of construction companies by a union activist and former worker on a Crossrail site.
  • Acting for HM Treasury, successfully defending a a challenge on behalf of ‘gig economy’ workers to the scope of the Coronavirus Job Retention Scheme and the changes to Statutory Sick Pay made because of the COVID-19 pandemic.
  • Acting for an agency services provider in a substantial High Court claim for unpaid invoices against a well-known facility services company.
  • Representing a former Head of Global Trading in a whistleblowing claim against his former employer, an FX trading house (settled on confidential terms).

Information Law

Information law is a significant part of Rupert’s practice. His information law experience includes substantial work for the Information Commissioner and for public bodies on FOIA/EIR appeals in the First-tier and Upper Tribunals, frequently as sole counsel against silks / senior juniors. Rupert also has expertise in (i) the interface between information rights and privacy/data protection; and (ii) the use of information rights as an aid in wider litigation.

His recent cases include:

  • DSG Retail v IC (appealing a Monetary Penalty Notice for a data breach affecting the owner of Dixons Travel and Currys stores).
  • Facebook v IC (defending Facebook’s challenge to the monetary penalty notice imposed in relation to the ‘Cambridge Analytica’ matter).
  • Department of Health v IC EA/2016/0282 (successfully upholding the Commissioner’s decision to order disclosure of the ministerial diary of the Secretary of State for Health).
  • Department for Communities and Local Government v IC and Stokel-Walker EA/2017/0211 (successfully upholding the Commissioner’s decision to order disclosure of the ministerial diary of the Minister for the Northern Powerhouse).

Media Law & Data Privacy

A substantial part of Rupert’s law is data protection and privacy work.

The directories describe Rupert as “an effective advocate and provides comfort to clients in the way he operates.” “He’s a very safe pair of hands. He’s wise beyond his years.” “A very quick and analytical mind, and provides clear, sound and practical advice.”

Rupert’s current and recent cases include:

  • Acting for two interveners in the Supreme Court in Lloyd v Google LLC (judgment awaited), which is expected to be the leading case on the availability of the ‘representative action’ procedure in data privacy claims, and on the availability of ‘loss of control’ damages.
  • Acting successfully for Morrisons in the Supreme Court in Various Claimants v WM Morrison Supermarkets plc [2020] AC 989, a high-value group litigation privacy/data protection claim against Morrisons and now the leading authority on both direct and vicarious liability in such claims.
  • Acting for BA in Various Claimants v British Airways plc, a high-value group litigation privacy/data protection claim. The claim settled on confidential terms; the interlocutory judgments in the proceedings however provide important guidance on the proper approach to group litigation in the data protection sphere.
  • Acting (as sole counsel) for an Iran-focused satellite TV channel in defending substantial High Court breach of contract and GDPR claims brought by a former contractor.
  • Acting successfully for the Information Commissioner in NT1/NT2 v Google LLC [2018] 3 W.L.R. 1165, the first ‘right to be forgotten’ case in the High Court.
  • Acting for PwC and two of its employees in striking out defamation and malicious falsehood claims brought by a former employee (Ameyaw v McGoldrick and ors [2020] EWHC 3035 (QB); [2020] EWHC 3234 (QB)).

Appointments

Attorney General’s C Panel

News, Articles & Publications

Proprietary remedies, fiduciary bribes, and dishonest assistants: FHR and Novoship. Read here.

New SEN Regime: Education, Health and Care Plans – Special Education Law Conference. Read here.

Education

University of Oxford, BCL, Distinction

University of Oxford, BA Jurisprudence with Senior Status, 1st

University of Oxford, BA Theology, 1st

Scholarships

Mould (Senior) Scholar, Gray’s Inn

Prince of Wales Scholar, Gray’s Inn

Various scholarships during university studies

Former lecturer in contract law at King’s College London and at various colleges of the University of Oxford

Memberships

Bar European Group (committee member)

Constitutional and Administrative Law Bar Association

Procurement Lawyers’ Association

UK State Aid Law Association

Employment Lawyers’ Association

Employment Law Bar Association

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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): Rupert Paines

VAT Number: GB 197685536

Legal Status: Sole Practitioner

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