Find a Barrister  Search site
Download/Print CV

LIGIA OSEPCIU

BA (Cantab), LLM (Cornell)
CALL DATE: 2008 New York Bar Admission: 2009

SUMMARY

Ligia has experience of all key Chambers' practice areas and specialises in European law, competition law, procurement and utilities regulation.

In 2011, Ligia was instructed as Junior Counsel for the OFT in the Tobacco Litigation before the Competition Appeal Tribunal [2011] CAT 41.  Ligia has also advised in a number of matters involving post-conclusion changes to high-value, long-term PFI contracts, which raised complex issues concerning the interaction of contract, public and procurement law. She regularly advises Ofgem on a range of electricity regulation issues.

From January until July 2012, Ligia was seconded on a full-time basis to the Anti-trust/Competition Group at Linklaters plc (London office), where she continued to undertake a broad range of competition and procurement work, as well as gaining experience of European and UK merger control and UK water regulation.

 

EDUCATION & PRIZES

  • BA (Law) Trinity College, Cambridge (Trinity College and Cambridge Commonwealth Trust Scholar) (2003-2006) 
  •  LLM, Cornell University Law School, Ithaca, New York (graduated top 5%) (Trinity College Hollond Travelling Studentship) (CALI Excellence for the Future Award for top marks in Anti-trust Law) (2006-2007)
  • Bar Vocational Course, BPP Law School, London (Very Competent) (Lincoln's Inn Hardwicke Entrance Scholar & Droop Scholar) (Trinity College Whittaker Scholar) (2007-2008)
  • Bar European Group Phoenicia Scholar (2009)

LANGUAGES

French (fluent), Romanian (native)

 

COMMERCIAL LAW

Ligia has advised on:

  • jurisdiction and choice of law in international proceedings (including Brussels Regulation and non-Brussels Regulation states)
  • service of proceedings out of jurisdiction (including non-Brussels Regulation states);
  • procedure for seeking a European Payment Order;
  • applications for specific disclosure, summary judgment and for setting aside default judgment;
  • application of section 140 of the Consumer Credit Act 1974 on unfair credit relationships;
  • specific enforcement of share purchase agreements;
  • actions against landlords under section 214 of the Housing Act 2004.

 

COMPETITION LAW

From January until July 2012, Ligia was seconded on a full-time basis to the Anti-trust/Competition Group at Linklaters plc (London office), where she gained experience of merger control matters.

Ligia regularly advises clients on discrete competition law issues arising in relation to, inter alia, vertical distribution and franchising agreements, technology transfer agreements and breach of contract claims.

Recent work includes:

  • CAT Case 1166/5/7/10 Albion Water Limited v Dŵr Cymru Cyfyngedig (with Daniel Beard QC and Meredith Pickford) (2012) - representing a statutory water undertaker in damages proceedings following on from the Competition Appeal Tribunal's earlier finding of abusive excessive pricing and margin squeeze contrary to the Chapter II prohibition
  • COMP M.6541 Glencore/Xstrata (while on secondment at Linklaters LLP, London) (2012) - Notification to the European Commission of a merger between a mining company and a commodities trader
  • (1) Morrisons; (2) Imperial Tobacco; (3) Cooperative Group; (4) Safeway; (5) Asda; & (6) Shell v Office of Fair Trading [2011] CAT 41: Junior Counsel instructed by the OFT in Competition Appeal Tribunal "Tobacco" appeals concerning the compatibility of parity and differential pricing practices with the Chapter I prohibition (2011)
  • Advising on the legal options available to a party that failed to appeal an OFT infringement decision within the time allowed under the CAT Rules (2011 and 2012)
  • Advising on merits of and procedure for a follow-on damages claim (2011)

 

EUROPEAN LAW

Recent work includes:

  • Advising a local authority on the potential State aid implications of a services concession contract (2013)
  • Advising the Department for Communities and Local Government in a number cases involving the "claw back" of European Regional Development Fund grants (2011/2012)

 

PROCUREMENT LAW

Ligia regularly advises private sector clients and government clients on the merits of bringing or defending proceedings under the Public Contracts Regulations 2006 and the Utilities Contracts Regulations 2006.

Ligia undertook a range of procurement work while on full time secondment at Linklaters LLP, much of it involving high level strategic advice to contracting authorities and bidders.

Recent work includes:

  • Advising a local authority on the contractual and procurement implications of terminating a high value works concession (2013)
  • Advising a lender on "ineffectiveness" risk and protections (2013)
  • Advising a tenderer on the personal and territorial scope of the mandatory and discretionary exclusion criteria in regulation 23 of the Public Contracts Regulation 2006 (2013)
  • Advising a winning bidder on challenge to a decision to terminate a procurement (2012/13)
  • Challenging a Legal Services Commission Telephone Advice Contract (2012/2013)
  • Advising a local authority on material change and variant bids (2012)
  • Advising a DBFO contractor on a range of contract change issues, including public and private law options for reopening negotiations on financial terms (2011)
  • Advising a local authority on the early termination of a complex services PPP (2011)
  • Photo-Me International v DVLA  (2011) - High Court challenge to a direct award of a Part B services contract
  • JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (as junior to Michael Bowsher QC and Elisa Holmes). High Court action concerning late tenders and the application of the principle of proportionality in procurement law.
  • Epix v Kirklees MBC (settled) - High Court procurement damages action arising out of a local authority software tender. Ligia appeared in her own right before the Manchester Technology and Construction Court, making a successful application for specific disclosure application in this matter.

 

PUBLIC & ADMINISTRATIVE LAW

Recent work includes:

  • Representing the Information Commissioner's Office in a number of appeals under section 57 of the Information Act 2000  - appeals dealt with on the papers (2011)
  • Advising on a proposed judicial review to the Ministry of Justice's decision to outsource court and police interpreting services (2011)
  • R (Lee Ling Low) v Secretary of State for the Home Department  [2009] EWHC 35 (Admin) (as pupil to Ian Rogers). Judicial review concerning the application of Article 49 EC to an Irish company "posting" persons unlawfully present in the UK as workers to UK businesses.
  • Secretary of State for Defence v Duncan (as pupil to Ian Rogers). Appeal to the Pensions Appeal Commissioners concerning the interpretation of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
  • R (Herron) v Parking Adjudicator [2009] EWHC 1072 (Admin) (as pupil to Ian Rogers). Judicial review challenge to the independence of the Parking Adjudicator. 

 

TELECOMMUNICATIONS LAW

Recent work includes:

  • British Telecommunications plc (Wholesale Broadband Access Charge Control) v Ofcom - acting for interveners BskyB and TalkTalk in BT's appeals against the Wholesale Broadband Access charge control imposed by Ofcom

 

UTILITIES REGULATION

During her time at Linklaters LLP (January-July 2012), worked on a transaction that afforded her considerable experience of the UK regulated water industry.

From April-2010 until February 2011, Ligia was seconded on a full time basis to the Smarter Grids and Governance Department of Ofgem, where she developed a strong grounding in the UK electricity and gas transmission and distribution licensing and charging regimes.  She has since advised Ofgem on a number of transmission and distribution issues.

Recent works includes:

  • Advising a local authority on options for challenging an electricity distributor's (re)connection charges (2013)
  • Advising Ofgem in relation to a proposed expansion in the role of Elexon (the company responsible for GB balancing and settlement arrangements) - with Pushpinder Saini QC (2013)
  • Advising Ofgem in relation to the maintenance responsibility for sub-deduct gas arrangements (2012)
  • Advising Ofgem in relation to proposed changes to charging arrangements for distributed generation - with Daniel Beard QC (2011)
  • Advising Ofgem in relation to a proposal to modify the Transmission Balancing and Settlement Code ("BSC") - with Daniel Beard QC (2011)
  • Advising Ofgem on financial incentives for renewable/low carbon generation - with Daniel Beard QC (2011)