ANNELIESE BLACKWOOD

LL.B. (First Class), BCL
CALL DATE: 2007

SUMMARY

Anneliese advises and represents clients in a number of chambers' core practice areas, including Commercial, Competition, European, Human Rights, Public and Administrative and Utilities Regulation. She has been instructed as a junior in a number of high profile cases and has personal advocacy experience in the High Court, the Finance and Tax Tribunal, the Information Tribunal and the County Courts.

She is a member of the EU Law Committee of the Bar Council and is on the editorial committee of the European Advocate. Anneliese has a particular interest in human rights law, having previously been a Teaching Fellow at University College London on the LLB Public Law II course.

COMPETITION LAW AND REGULATION

Anneliese is a specialist competition law practitioner who regularly advises both private clients and regulators on a broad range of competition law issues. She has considerable experience of litigation on competition law matters in the CAT and the High Court and has been instructed on a number of long, document heavy trials. She has particular experience in relation to damages claims and is a contributor to chapter 16 "Litigating Infringements in the National Courts" in the Seventh Edition of Bellamy & Child, European Union Law of Competition.

Notable cases include:

W.H Newson and others v IMI Plc and others (High Court - Representing a Part 20 Defendant in relation to contribution proceedings being brought against it for its involvement in a copper fittings cartel).
Emerald Supplies Ltd v British Airways plc (High Court - Acting for the Claimants bringing follow on damages claims for breach of Article 101 TFEU and Article 53 EEA, and claims for unlawful means conspiracy and conspiracy to injure, in relation to an air cargo cartel), part of the counsel team led by Ian Milligan QC.
Department of Health, Social Services and Public Safety for Northern Ireland and others v Reckitt Benckiser Group PLC and others (High Court - This case involves follow on damages and abuse of dominance claims in relation to pharmaceutical products), part of the counsel team led by Paul Harris QC.
The Scottish Ministers and others v Reckitt Benckiser Group PLC and others (High Court -This case involves follow on damages and abuse of dominance claims in relation to pharmaceutical products), part of the counsel team led by Paul Harris QC.
2Travel Group Plc (in liquidation) v Cardiff City Transport Services Limited (Trading as Cardiff Bus) [2012] CAT 19 (CAT - First follow on damages claim decided in the CAT and the first award of exemplary damages for a breach of competition law), led by Michael Bowsher QC.
Morrisons and others v Office of Fair Trading [2011] CAT 41(CAT - Appeal against the OFT's decision that there was a breach of the Chapter I prohibition by certain tobacco manufacturers and supermarkets in relation to the pricing of tobacco products), junior counsel.
Plus Markets Plc v The London Stock Exchange (High Court - Settled - Issues of abuse of dominance and barriers to entry), part of the counsel team led by Peter Roth QC (now Mr Justice Roth).

Anneliese has also been involved in advisory work including:

Advising in relation to a highly publicised merger between two substantial media companies.
Advising commercial clients on the application of the Vertical Block Exemption (Commission Regulation 330/2010) to trading agreements, in particular in relation to online sales.
Advising a commercial client on the terms of a selective distribution system of a luxury product
Advising a company in the jewellery sector in relation to a potential claim for abuse of dominance.
Advising a commercial client on making a reference to the OFT.
Advising an organiser of music and performing arts festivals in relation to the possible abuse of dominance by another festival organiser.
Advising the OFT in its investigation into the Construction Industry.
Advising OFWAT in relation to the introduction of competition into a sector of the industry.
Advising the OFT in relation to the potential reference of a merger to the Competition Commission.
Secondment at Ofgem in the Enforcement and Competition Policy Team.

Anneliese has worked on cases involving IP issues and is particularly interested in the intersection between IP and competition law.

Notable cases include:

Nestec SA and others v Dualit Limited and others (High Court - Abuse of dominance as a defence to a patent infringement claim), led by Mark Vanhegan QC.
Advising on competition law matters relating to license agreements for the online distribution of films and music. This involved advising a number of issues, including exhaustion of rights and the permissibility of geoblocking provisions.
Advising on competition issues in a patent litigation settlement agreement.
Advising on competition issues arising out of games licensing agreement.
Advising on the application of Article 101 TFEU to a licence granting IP rights relating to a cartoon character.
Telstra v Phone Directories Company [2010] FCA 44 - Working with Natalie Hickey's team in Mallesons Stephen Jaques, Melbourne. This case concerned whether or not copyright could subsist in the Yellow Pages and White Pages produced by Sensis and Telstra.

COMMERCIAL LAW

Anneliese has advised and appeared in court on a range of issues arising in commercial disputes. She is currently a member of a Bar Council EU Law sub-committee tasked with reviewing existing EU law, and proposed legislative changes, in the field of banking and financial services.

Notable cases include:

Emerald Supplies Ltd v British Airways plc (High Court - Acting for the Claimants bringing claims for unlawful means conspiracy and conspiracy to injure in relation to an air cargo cartel), part of the counsel team led by Ian Milligan QC.
Voges v Transport for London and London Underground Limited (High Court – Successfully argued for the claim to be struck out, summary judgement entered against the Claimant, a further party to be added to the claim for the purposes of making an extended civil restraint order against them and for extended civil restraint orders to be made against the claimant and the joined party.)
Clarity Informatics Limited v Southend University Hospital NHS Foundation Trust; Clarity Informatics Limited v Mid Essex Hospital Service NHS Trust (High Court - Both cases involve claims for breach of contract in relation to an agreement to licence software.)
Metaalhandel Broerson BV v Rank Metal Vo Limited (High Court - Stay of execution against a European Payment order).
Worldwide Tradin Services (UK) Limited v AJS Developments Limited (High Court -Freezing injunction).
HIFX Plc v Trouillez (County Court - Claim for breach of contract in relation to a currency exchange agreement).

EUROPEAN COMMUNITY LAW

Anneliese has advised in relation to a wide range of EU law issues from the fundamental freedoms to discrimination and the scope of the Marleasing principle. She is also a co-contributor, with Paul Lasok QC, to Atkin's Court Forms: European Courts.

Notable cases include:

AG Quidnet Hounslow LLP v Mayor and Burgesses of the London Borough of Hounslow [2012] EWHC 2639 (TCC) (High Court - This case concerned an allegation that insufficient advertising of a development opportunity amounted to a breach of Article 56 TFEU), led by Michael Bowsher QC
R (Ibrahim) v Secretary of State for the Home Department (High Court - This concerned the interpretation and application of the Dublin II Regulation).
Metaalhandel Broerson BV v Rank Metal Vo Limited (High Court - Stay of execution against a European Payment order).
Worldwide Tradin Services (UK) Limited v AJS Developments Limited (High Court -Freezing Injunction).
Advising an NGO on vulnerability of decisions of the European Investment Bank to challenge.
Advising on the impact of the fundamental freedoms and the prohibition against discrimination on the structure of a scholarship fund of a major university.

Anneliese has also assisted in drafting numerous written observations and speeches for the Court of Justice of the European Union ("CJEU") and has accompanied Tim Ward QC to the CJEU in Luxembourg.

Notable CJEU cases include:

Case C-520/06 & C-350/06 Stringer and Schultz-Hoff (Interpretation of Directive 2003/88/EC on whether workers on sick leave are entitled to annual leave), during pupillage led by Tim Ward QC.
Case C-54/07 Centrum Voor Gelijkheid (Equal Treatment Directive), during pupillage led by Tim Ward QC.
Case C-523/07 A v Perusturvalautakunta (Brussels IIa Regulation), during pupillage led by Kassie Smith QC.
Case C-357/07 R (TNT Post UK Limited) v HMRC ("public postal services" in the Sixth VAT Directive), during pupillage led by Paul Lasok QC.

PROCUREMENT LAW

Anneliese is happy to take instructions on all aspects of procurement. She also has experience of arbitration proceedings in this area.

Notable cases include:

AG Quidnet Hounslow LLP -v- Mayor and Burgesses of the London Borough of Hounslow [2012] EWHC 2639 (TCC) (High Court - This case concerned the allegation that insufficient advertising of a development opportunity amounted to a breach of Article 56 TFEU), led by Michael Bowsher QC
Letting International Limited v London Borough of Newham (High Court and Court of Appeal - This case concerned a challenge to the award of a contract by a Local Authority on the basis that it had failed to act with the requisite degree of transparency under the Public Contracts Regulations 2006), during pupillage led by Rupert Anderson QC and Elisa Holmes.

PUBLIC & ADMINISTRATIVE LAW AND HUMAN RIGHTS

Anneliese has a particular interest in human rights law, having been a Teaching Fellow at University College London on the LLB Public Law II course. She has had experience advising large commercial entities on human rights issues, including in relation to the implications of proposed legislation, and has also been involved in several cases where references have been made to the European Court of Human Rights ("ECtHR").

Notable ECtHR cases include:

Acted for a religious organisation challenging the confiscation of religious materials, and the prohibition of their dissemination, by a State. In particular, this raised Article 8, 9, 10 and Article 1, Protocol 1 issues.
Acted for an individual detained pending trial for criminal charges who required medical treatment for a serious condition. This raised issues relating to Articles 5(3) and 3.
Acted for an individual challenging the fairness of his criminal convictions. In particular this raised Article 6 issues relating to the fairness of the trial and the impartiality of the Tribunal.

In addition, she has been involved in a number of judicial review and Freedom of Information Act 2000 ("FOIA") cases.

Notable cases include:

R (Ibrahim) v Secretary of State for the Home Department (High Court - This concerned legal issues arising in relation to the Dublin II Regulation).
United Halal Meat v UK Border Agency (County Court - Civil penalty under Immigration, Asylum and Nationality Act 2006).
Bousfield v Information Commissioner EA/2012/0074 (Information Tribunal - Application of section 42 of the FOIA where an allegation of contempt of Parliament had been raised).
Voges v Information Commissioner and Transport for London EA/2011/0076 (Information Tribunal - Application of section 14 of the FOIA in relation to information held by Transport for London concerning the commission of an offence).
Lampert v The Information Commissioner and the Financial Services Agency EA/2010/0203 (Information Tribunal - Application of sections 14 and 40 of the FOIA to information held by the FSA).
Public and Commercial Services Union v The Information Commissioner and the Ministry of Justice EA/2009/0123 (Information Tribunal - Application of section 30(2)(b) of the FOIA to information held by the Ministry of Justice regarding prison staff conditions of employment ).
David Fergusson v The Information Commissioner and the Electoral Commission EA/2010/0085 (Information Tribunal - Application of the sections 40(2) and 30(1)(a) of the FOIA to information held by the Electoral Commission following an investigation into donations accepted by Wendy Alexander MSP's campaign team).

TAX

Anneliese has advised in relation to both indirect and direct tax matters and has dealt with related issues of fiscal neutrality and restitution. She has been involved in multiparty disputes in the Finance and Tax Tribunal, the Upper Tribunal and the High Court.

Notable cases include:

UBS AG, DB Group Services (UK) Ltd v HMRC [2012] UKUT 320 (TCC) (Upper Tribunal, currently on appeal to the Court of Appeal - The case concerned liability to pay income tax and National Insurance contributions where bonuses had been paid through a scheme specifically developed by the employer. It involved the interpretation and application of provisions of the Income Tax (Earnings and Pensions) Act 2003), led by Paul Lasok QC and Richard Vallat.
Watermark (Windrush) Limited v HMRC (Finance and Tax Tribunal - Resisting a stay application and seeking an unless order).
WM McLaughlin & Sons Limited v HMRC (First Tier Tax Tribunal - Settled -Tax liability under the Aggregates Levy Credit Scheme), led by Mario Angiolini.
Littlewoods v HMRC (First Tier Tax Tribunal - This case concerned the rate of interest to be paid on overpaid VAT and raised issues of restitution and fiscal neutrality), led by Andrew Macnab.
Advising on the application of Low Value Consignment Relief.
R (Oriel Support Limited) v HMRC (High Court), during pupillage led by Peter Mantle.

EDUCATION AND PRIZES

Bar Vocational Course (Outstanding) - Inns of Court School of Law
Bachelor of Civil Law - Brasenose College, Oxford
2001-2005 L.L.B. Laws (First Class) - University College London
Pegasus Scholarship 2009 - Worked in Mallesons Stephen Jacques, Melbourne and in the chambers of Chief Justice Black of the Federal Court of Australia.
Bar European Group Phoenicia Scholar 2008
Lady Templeman Anglo-Indian Goodwill Award 2007 (Middle Temple) - Visited various courts and tribunals in Delhi, India hosted by the late Mr L.M. Singhvi.
Astbury Scholarship 2006-2007 (Middle Temple)
University College London Dean's List 2004-2005