PHILIP WOOLFE

MA (Cantab), BA (First Class), BCL (Oxon)
CALL DATE: 2004

SUMMARY

Recent and Significant Cases include:

British Telecommunications plc v Ofcom [2011] CAT 15: appeared for Everything Everywhere Limited in appeal relating to Ofcom's decision to accept jurisdiction over dispute relating to charges for calls to 080 numbers.
Everything Everywhere Limited v Ofcom (heard April 2011, not yet decided): appeared as junior counsel for Everything Everywhere Limited in appeal against Ofcom Determination as to the wholesale charges payable by mobile network operators to BT for calls to 08 numbers.
Acting for the Secretary of State for Health and other NHC bodies in an action for damages against Reckitt Benckiser for abuse of a dominant position in relation to Gaviscon.
Kier Group PLC and Others v OFT: Appeared as junior counsel by OFT defending appeals against OFT Decision fining construction firms for "cover pricing" and associated compensation payments. .
SITA v Greater Manchester Waste Disposal Authority [2010] EWHC 680 (Ch); [2010] 2 C.M.L.R. 48 (first instance); [2011] EWCA Civ 156; [2011] T.C.L.R. 3 (on appeal): appeared for Claimant in action for damages under Public Contracts Regulations 2006
John Wilkins (Motor Engineers) Ltd v Revenue and Customs Commissioners [2009] UKUT 175 (TCC); [2009] S.T.C. 2485 (first instance); [2010] EWCA Civ 923; [2010] S.T.C. 2418 (appeal on time point); [2011] EWCA Civ 429 (application for reference to ECJ) Appeared for HMRC in leading Tribunal case on availability of compound interest under s 78 VATA 1994
Grattan PLC v HMRC [2011] UKFTT 31 (TC): appeared for HMRC in Tribunal case on availability of compound interest under s 78 VATA 1994

In addition, Philip is the author of chapters on "The Powers of HMRC" and "Chargeable Event" in the Sweet & Maxwell VAT looseleaf "Value Added Tax: Commentary and Analysis" and is the co-author, together with Nicholas Paines QC of the chapter on "Place of Supply. He will be contributing to the Seventh Edition of Bellamy § Child, European Community Law of Competition.

He was a Fellow of All Souls College, Oxford from 2003 to 2010 and is a member of COMBAR, the Bar European Group and the Environmental Law Foundation.

COMMERCIAL AND OTHER LITIGATION

Philip undertakes a wide variety of commercial and other litigation.

Recent commercial and other advocacy work includes:

Instructed as junior counsel on behalf of Calor Gas in Chancery Division action for damages for unlawful interference with goods and inducement of breach of contract.
acting as junior counsel at commercial arbitrations on behalf of the Secretary of State for the Environment, Food and Rural Affairs;
representing four amateur sportsmen at an anti-doping tribunal;
appearing in the Employment Tribunal in relation to pensions matters.

Philip also undertakes a wide range of advisory and drafting tasks in relation to all forms of commercial litigation. Recent work includes:

advising and drafting in relation to a Part 8 application for a declaration in relation to a public authority's powers to disclose confidential banking information to third parties;
advising and drafting pleadings in relation to several competition law disputes in the High Court.

COMPETITION, STATE AID & TELECOMS

Philip is heavily involved in litigation under the Competition Act 1998 and the Communications Act 2003 both in the CAT and High Court.

Current and recent work includes:

British Telecommunications plc v Ofcom [2011] CAT 15: appeared for Everything Everywhere Limited in appeal relating to Ofcom's decision to accept jurisdiction over dispute under s 185 CA 2003 relating to charges for calls to 080 numbers.
Everything Everywhere Limited v Ofcom (heard April 2011, not yet decided): appeared as junior counsel for Everything Everywhere Limited in appeal against Ofcom Determination as to the wholesale charges payable by mobile network operators to BT for calls to 08 numbers.
Currently cting for the Secretary of State for Health and other NHC bodies in an action for damages against Reckitt Benckiser for abuse of a dominant position in relation to Gaviscon.
Kier Group PLC and Others v OFT: Appeared as junior counsel by OFT defending appeals against OFT Decision fining construction firms for "cover pricing" and associated compensation payments.
Regularly instructed as junior counsel in connection with competition issues arising from commercial litigation, examples include alleged abuse of dominance in the supply of bottled gas and alleged anti-competitive agreements in connection with the supply of luxury furniture

Other work has included

Bookmakers' Afternoon Greyhound Services Ltd v Amalgamated Racing Ltd [2009] EWCA Civ 750; [2009] U.K.C.L.R. 863, acted for Claimants in appeal in connection with private competition law action
Advising a foodstuff manufacturer as to jurisdictional and procedural issues under the EC Merger Regulation and Enterprise Act 2002
Instructed as junior counsel on behalf of claimants in a major private damages action in the Commercial Court following on from EC Commission decision finding the existence of a price fixing cartel in the manufacture of synthetic rubber.

Adidas AG v Draper and others: instructed as junior counsel by Adidas in relation to major private competition litigation in the High Court;
Advising the OFT in relation to a high profile merger decision, involving complex jurisdictional issues;
Advising a major UK manufacturer in relation to the legality of its European marketing strategy;
Advising and drafting in relation to a major private competition law action on behalf of a government department against former and current suppliers.

Philip will be contributing to the Seventh Edition of Bellamy § Child, European Community Law of Competition. Articles include The Chapter I Prohbitiion: Is it a Safe Bet? [2010 Comp Law 198 (with Christopher Vajda QC)

EUROPEAN COMMUNITY LAW

Philip has a particular focus on two areas of Community law: public procurement and consumer protection law.

Philip has undertaken a range of public procurement advisory work, particularly in connection with the waste management sector. He frequently advises both private parties and authorities and undertakes all advocacy and drafting tasks. He recently appeared and appeared in SITA v Greater Manchester Waste Disposal Authority, [2010] EWHC 680 (Ch); [2010] 2 C.M.L.R. 48 (first instance); [2011] EWCA Civ 156; [2011] T.C.L.R. 3 (on appeal), an action for damages under Public Contracts Regulations 2006. Other recent clients have included a manufacturer of electrical components; a local authority proposing to take over provision of services on behalf of another authority and a local authority seeking advice on the procurement implications of the re-siting of a major facility.

As regards consumer protection law, Philip was seconded to the OFT to work on the investigation of unauthorised overdraft bank charges and has advised the OFT in connection with other Unfair Terms in Consumer Contracts Regulations ("UTCCR") enforcement work, including in relation to the OFT's investigation into Retirement Home Exit Fees.

He regularly advises private parties in connection with the application of UTCCR, the Consumer Credit Act, the Unfair Contract Terms Act and the Unfair Commercial Practices Directive. Clients have included a major mobile network operator, airlines and commercial training providers. He spoke on the Unfair Commercial Practices Directive at the Bar European Group conference in Paris in May 2010, and had an article on that subject published in The European Advocate in late 2010.

He has also undertaken a wide range of other work with an EC law dimension, including

Agriculture
Free movement of goods
Freedom of establishment
Free movement of persons
Transport
Energy policy

Environmental work has included advising Greenpeace on matters arising from Directive 2005/32/EC (the "Ecodesign Framework Directive"). Recent agriculture work includes advising and representing Defra in relation to compensation claims by mink farmers arising out of the Fur Farming Act 2000 and by cattle farmers arising from Foot and Mouth. Other recent EC work has included advising former contractors of the European Commission in relation to a multi-million pound compensation claim.

PUBLIC & ADMINISTRATIVE LAW

Philip's public law experience includes the following:

Local authorities - advising on an intervention and drafting a judicial review in relation to taxi licensing
Central government - advising the MoD on both the bringing and defending of judicial review in relation to War Pensions
Mutual legal assistance - a judicial review of Bow Street Magistrates Court and advising in relation to administrative cooperation under double taxation treaties
Environmental - judicial reviews on behalf of Greenpeace in both the High Court and Court of Appeal, in a case based on the EC Common Fisheries Policy; advising in relation to a potential judicial review challenge to the Environment Agency's policy in relation to landfill sites.
Human Rights - advisory work on drafting of housing assistance regulations in the light of the new Free Movement Directive and Article 8 ECHR; further advisory work on human rights points in relation to VAT and competition law proceedings
Other - judicial reviews of the Parking and Traffic Appeals Service; judicial review of a decision of the Office of the Rail Regulator; judicial review of HMRC

TAX

Philip appeared frequently in the VAT & Duties Tribunal, as well as in the Chancery Division and the Court of Appeal in relation to VAT matters, and has appeared in both the First-Tier and Upper Tribunals under the new system. He advises frequently on a wide range of VAT issues and undertakes the full range of drafting tasks.

Own advocacy work has included:

Infinity Distribution Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWHC 1393 (Ch); [2010] S.T.C. 2258: appeared in High Court for HMRC defending debt claim on issues relating to the interpretation of sections 80-84 VATA 1994
Appearing in Tribunal for trader at hearing of appeal relating validity of invoices.
HMRC v Checkprice (Uk) Limited (In Administration): appeared for Defendant in condemnation proceedings in magistrates court in relation to commercial quantities of alcoholic berverages.

Philip has also been led in a number of very high profile tax cases, including:

FJ Chalke Ltd v Revenue and Customs Commissioners [2009] EWHC 952 (Ch); [2009] S.T.C. 2027; [2009] 3 C.M.L.R. 14 (first instance); [2010] EWCA Civ 313; [2010] S.T.C. 1640
John Wilkins (Motor Engineers) Ltd v Revenue and Customs Commissioners [2009] UKUT 175 (TCC); [2009] S.T.C. 2485 (first instance); [2010] EWCA Civ 923; [2010] S.T.C. 2418 (appeal on time point); [2011] EWCA Civ 429 (application for reference to ECJ) Appeared for HMRC in leading Tribunal case on availability of compound interest under s 78 VATA 1994
Grattan PLC v HMRC [2011] UKFTT 31 (TC): appeared for HMRC in Tribunal case on availability of compound interest under s 78 VATA 1994
R. (on the application of BMW AG) v Revenue and Customs Commissioners [2008] EWHC 712 (Admin); [2008] S.T.C. 3090 and subsequently on appeal in R. (on the application of BMW AG) v Revenue and Customs Commissioners [2009] EWCA Civ 77; [2009] S.T.C. 963.
Ford Motor Co Ltd v Revenue and Customs Commissioners [2007] All ER (D) 280 (Mar)
Revenue and Customs Commissioners v Grattan plc [2009] STC 882

Recent advisory and other work has included:

advising HMRC on the merits of an appeal relating to VAT exemption for healthcare professionals;
advising HMRC on several separate matters relating to zero-rating for foodstuffs, including established major brands and novel products;
advising and representing HMRC in connection with abusive schemes for the avoidance of VAT and Customs Duties
advising and representing traders on the merits of appeals against the denial of input tax and related issues;
advising a trader on the merits of an appeal against a requirement to provide security for tax.

Philip has also advised on several matters relating to corporation tax and income tax, including in relation administrative cooperation under double taxation treaties.

In addition, Philip is the author of chapters on "The Powers of HMRC" and "Chargeable Event" in the recently published Sweet & Maxwell VAT looseleaf "Value Added Tax: Commentary and Analysis" and is the co-author, together with Nicholas Paines QC of the chapter on "Place of Supply. He also contributes regularly to De Voils Tax Intelligence.

ADDITIONAL INFORMATION

Philip has been a Fellow of All Souls College, Oxford since October 2003. He has been a tenant at Monckton Chambers since October 2006.

EDUCATION AND PRIZES

2004-2005 BCL, Oxford University
2003-2004 BVC at ICSL, Very Competent
2001-2003 BA (Hons) in Law, Brasenose College, Oxford, First Class 1998-2001 BA (Hons) in History, Peterhouse, Cambridge
2003 Thomas More Scholar, Lincoln's Inn
2003 Wronker Prize for Best Performance in Jurisprudence
2000 Senior Lady Margaret Ward Scholar, History, Peterhouse