REBECCA HAYNES

LLB, LLM (Lond)
CALL DATE: 1994

SUMMARY

Rebecca has a diverse practice which spans all aspects of European and public law and is she well equipped and experienced in tackling the most complex of Community legislation and regulatory regimes and virtually any area of judicial review. She has however a particular interest and expertise in public procurement and environmental challenges which together now represent a large proportion of her practice.

 

MAJOR CASES

Environmental Law

  • R(on the application of Michael Bruton) v Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cornwall) [2009] EWHC 1652 (Admin)
  • WWF European Policy Programme v Council of the European Union [2007] ECR II-911
  • R v (1) Secretary of State for Environment, Food and Rural Affairs (2) Commissioners of Customs and Excise ex parte Greenpeace [2002] 1 WLR 3304 (CA)
  • R v Secretary of State for Trade and Industry, ex parte Greenpeace [1998] EuLR 48

Public Procurement

  • R (on the application of) Fuji Photo Film (UK) Ltd v First Secretary of State [2005] EWHC 1699
  • Denfleet International Ltd v NHS Purchasing and Supply Agency [2005] EuLR 526
  • Devilbiss Medequip Ltd v NHS Purchasing & Supply Agency & ors [2005] EWHC 1757 (Ch)
  • BNOS Meditech v Secretary of State for Health

European Community law 

  • Milk Supplies Limited v DEFRA [2009] EWHC 503 (QB)
  • R(on the application of Sovio Wines Ltd) v Food Standards Agency [2009] EWHC 382 (Admin)
  • R (on the application of European Surgeries Ltd) v Cambridgeshire PCT and the Secretary of State for Health [2007] EWHC 2755 (Admin), [2008] PIQR 8
  • R v Ashley Mote [2007] EWCA Crim 3131
  • S&S Services v HMRC [2004] Eu LR 1
  • Case C-391/04 R (on the application of British Sugar) v IBAP [2004] ECR I- 1899
  • Alabaster v Woolwich plc [2002] IRLR 420
  • R v MAFF ex parte Strawson and Gagg [2002] ECR I-10737
  • R v Ministry of Agriculture Fisheries and Food ex parte JH Cooke & Sons [2000] ECR I-8683
  • R v Department of Social Security ex parte Scullion [1999] 3 CMLR 798

Public law 

  • R(on the application of Michael Bruton) v Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cornwall) [2009] EWHC 1652 (Admin)
  • R(on the application of Sovio Wines Ltd) v Food Standards Agency [2009] EWHC 382 (Admin)
  • R (on the application of European Surgeries Ltd) v Cambridgeshire PCT and the Secretary of State for Health [2007] EWHC 2755 (Admin), [2008] PIQR 8
  • R (on the application of T) v Haringey LBC [2006] 9 CCL Rep 58
  • R v (1) Secretary of State for Environment, Food and Rural Affairs (2) Commissioners of Customs and Excise ex parte Greenpeace [2002] 1 WLR 3304 (CA)
  • R v Department of Social Security ex parte Scullion [1999] 3 CMLR 798
  • R v Secretary of State for Trade and Industry, ex parte Greenpeace [1998] EuLR 48

Taxation 

  • HMRC v Paul West [2008] EWHC 2277 (Ch)
  • Bysermaw Properties v HMRC [2008] STC 322
  • R (on the application of Teleos PLC) v HMRC [2008] 2 WLR 574 (ECJ)
  • R (on the application of Software Solutions Ltd v HMRC [2007] EWHC (Admin)
  • Commissioners of Customs and Excise v Anchor Foods Limited [1999] V&DR 425
  • Expert Witness Institute v Commissioners of Customs and Excise [2002] 1WLR 1674  (CA) [2001] 1 WLR 1658 (Chancery division)

 

EC LAW & LITIGATION

In addition to her specialist knowledge in various fields which are heavily influenced by or derive from Community law, such as environmental law, public procurement and tax, Rebecca has acted and advised in all areas of Community law and general principles of Community law including but not limited to:

Community Customs Code and customs duties

Rebecca has acted for HMRC in long-running multi-faceted litigation concerning the recovery of customs duties on butter and cheese: matters have included imports of spreadable butter under the EU tariff quota for New Zealand, import licensing issues; post-clearance recovery and conclusiveness of import certificates in EU and WTO law; security as a pre-condition of appeal.

Cases include:

  • HMRC v Paul West [2008] EWHC 2277 (Ch) (interpretation of CN headings and customs valuation pertaining to vintage cars.
  • S&S Services v HMRC [2004] Eu LR 1 (customs duties, confidentiality of information, disclosure and witness summons)
  • Anchor Foods Limited v HMRC, [1998] V& DR 32, [1999] V&DR 1, 425, 2003 V& DR 19 (import licensing, certification, security, customs classification, tariff quota)
  • HMRC v Mendip Plywood [2003] EWHC 2823 (Ch) (the administration of tariff quota, ascertainment of the date of entry into free circulation, repayment and remission of import duties, errors on the part of the competent authority)
  • Ransomes Jacobsen v HMRC [2002] V & DR 301 (correct tariff classification of a "Turf Truckster" vehicle as tractor or a goods vehicle

She has also acted for the Commissioners in relation to insurance premium tax (and state aid) and mobile phone carousel/missing trader fraud.

Excise Duties and the Customs & Excise Management Act 1979

Rebecca acts for both HMRC and private clients in a large number of cases relating to importation and seizure of excise goods and seizure and restoration of private and commercial vehicles, REDS Regulations, duty suspension arrangements, customs warehousing, community transit regulations etc. She is currently acting for HMRC in a dispute concerning excise duties payable upon the transfer of businesses as going concerns (in the field of cider manufacture).

Agriculture

Rebecca has represented the Rural Payments Agency (formerly the Intervention Board for Agricultural Produce) in matters such as the EC sugar regime, milk quotas, the EC fruit and vegetable regime and export refunds. She has also acted for the Food Standard Agency in matters such as food and wine labelling.

Cases include:

  • Milk Supplies Limited v DEFRA [2009] EWHC 503 (QB) (Community law doctrine of abuse of rights applied to the use of numerous subsidiaries to claim export refunds)
  • R(on the application of Sovio Wines Ltd) v Food Standards Agency [2009] EWHC 382 (Admin) (the Community wine regime and wine labelling applied to low alcohol wine to prevent its appellation as "wine")
  • Case C-391/04  R (on the application of British Sugar) v IBAP [2004] ECR I- 1899 (Common organisation of the market in sugar, proof of export from the Community, correction of an export licences,  obvious inaccuracies and the principle of proportionality)

Rebecca also acted for DEFRA in a series of cases concerning the Arable Area Payments regime and the Integrated Administration and Control Scheme, including:

  • R v Ministry of Agriculture Fisheries and Food ex parte JH Cooke & Sons [2000] ECR I-8683 and resulting group litigation; and
  • Case C-304/00 Strawson and Gagg [2002] ECR I-10737.

She also acted for DEFRA in judicial reviews, compensation claims and restitutionary actions arising from the Foot and Mouth crisis.

Francovich damages claims

In her early career she acted for the former MAFF as part of its litigation team in:

  • R v Secretary of State for Transport, ex parte Factortame (liability and quantum stages),

and for the Secretary of State's litigation team in:

  • Bradley, Ball & Ardron v Secretary of State for Employment (damages action for failure to implement the Acquired Rights Directive);

Rebecca also acted in the High Court for the Secretary of State in:

  • R v Department of Social Security ex parte Scullion [1999] 3 CMLR 798 (breach of Directive 79/7 on equal treatment in matters of social security).

Law of the Community institutions

Rebecca also acted for and advised the Crown in relation to immunity from prosecution of MEPs in:

  • R v Ashley Mote [2007] EWCA Crim 3131;

and acted for WWF in a challenge against the Council and Commission of the European Communities in:

  • Case T-264/04 WWF European Policy Programme v Council of the European Union [2007] ECR II-911

 

ENVIRONMENTAL LAW

Rebecca has acted for and advised Greenpeace,  WWF, Friends of the Earth, the Secretary of State for the Environment, Food and Rural Affairs, the Environment Agency, local authorities, the Environmental Law Foundation and private clients in relation to a wide range of environmental issues and other issues arising from environmental campaigning. These include international, EU and domestic law relating to Integrated Pollution Control (now Environmental Permitting), Environmental Impact Assessment, the Waste Framework Directive and Waste Management Licensing, the Mineral Waters Directive, the Habitats Directive, the Convention on International Trade in Endangered Species of Fauna and Flora, the regulations and labelling of GMOs, legitimacy environmental testing in eg the cockle fishing industry, state aid and competition law issues arising from nuclear energy. She also has an in depth knowledge of the law relating to access to environmental information both at domestic and Community level. In her early career, she spent three months on secondment to the Department of the Environment and was responsible for drafting secondary legislation.

Reported cases include: 

  • WWF European Policy Programme v Council of the European Union [2007] ECR II-911 (the duty to record information and the right of access to Community documents)
  • R v Secretary of State for Environment, Food and Rural Affairs [2002] All ER (D) 385 (CA) (compatibility of importation of Brazilian mahogany with Community and international law)
  • R v Environment Agency ex parte Beevers & Others [2001] JPL 845 (environmental impact assessment under the Habitats Directive)
  • R v Secretary of State for Trade and Industry, ex parte Greenpeace [1998] EuLR 48 (delay, oil production licences, implementation of and compliance with the Habitats Directive

Unreported cases include:

  • R(on the application of Michael Bruton) v Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cormwall) [2009] EWHC 1652 (Admin) (whether the Duke and Duchy have a duty to conduct an appropriate assessment under the Habitats Directive)
  • R (on the application of Cox Skips) v First Secretary of State [2006] EWHC 2626 (Admin) (planning, environmental impact assessment and waste management)
  • R v Environment Agency, ex parte Gray & Murphy (relating to Integrated Pollution Control and the Environmental Impact Assessment Directive)
  • R v Wirral Borough Council, ex parte Gray  (relating to planning law, Integrated Pollution Control, the Environmental Impact Assessment Directive and implementing Regulations)
  • R v Environment Agency, ex parte White (relating to access to Agency internal working documents, Integrated Pollution Control, BPEO assessments and public representation)
  • Greenpeace v Commission (Case T-121/03) challenge against the Commission decision approving State aid to British Energy
  • R v Environment Agency ex parte Horner [2002] EWHC 513 (Admin) (involving a number of questions referred to Court of Justice concerning the Environmental Impact Assessment Directive and horizontal direct effect).

 

INTERNATIONAL, EU & UK ENVIRONMENTAL LAW

Rebecca has acted for and advised Greenpeace,  WWF, Friends of the Earth, the Secretary of State for the Environment, Food and Rural Affairs, the Environment Agency, local authorities, the Environmental Law Foundation and private clients in relation to a wide range of environmental issues and other issues arising from environmental campaigning. These include Integrated Pollution Control (now Environmental Permitting), Environmental Impact Assessment, the Waste Framework
Directive and Waste Management Licensing, the Mineral Waters Directive, the Habitats Directive, the Convention on International Trade in Endangered Species of Fauna and Flora, the regulations and labelling of GMOs and state aid and competition law issues arising from nuclear energy. She also has an in depth knowledge of the law relating to access to environmental information both at domestic and Community level. In her early career, she spent three months on secondment to the Department of the Environment and was responsible for drafting secondary legislation.

Reported cases include:

  • WWF European Policy Programme v Council of the European Union [2007] ECR II-911 (the duty to record information and the right of access to Community documents)
  • R v Secretary of State for Environment, Food and Rural Affairs [2002] All ER (D) 385 (CA) (compatibility of importation of Brazilian mahogany with Community and international law)
  • R v Environment Agency ex parte Beevers & Others [2001] JPL 845 (environmental impact assessment under the Habitats Directive)
  • R v Secretary of State for Trade and Industry, ex parte Greenpeace [1998] EuLR 48 (delay, oil production licences, implementation of and compliance with the Habitats Directive

Unreported cases include: 

  • R(on the application of Michael Bruton) v Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cormwall) [2009] EWHC 1652 (Admin) (whether the Duke and Duchy have a duty to conduct an appropriate assessment under the Habitats Directive)
  • R (on the application of Cox Skips) v First Secretary of State [2006] EWHC 2626 (Admin) (planning, environmental impact assessment and waste management)
  • R v Environment Agency, ex parte Gray & Murphy (relating to Integrated Pollution Control and the Environmental Impact Assessment Directive)
  • R v Wirral Borough Council, ex parte Gray  (relating to planning law, Integrated Pollution Control, the Environmental Impact Assessment Directive and implementing Regulations)
  • R v Environment Agency, ex parte White (relating to access to Agency internal working documents, Integrated Pollution Control, BPEO assessments and public representation)

She has also acted for the Secretary of State for the Environment Food and Rural Affairs in R v Environment Agency ex parte Horner [2002] EWHC 513 (Admin) involving a number of questions referred to Court of Justice concerning the Environmental Impact Assessment Directive and horizontal direct effect ; for Greenpeace in relation to its challenge against the Commission decision approving State aid to British Energy (Case T-121/03) and for the cockle fishing industry in relation to environmental testing.

 

PUBLIC LAW

Most of Rebecca's practice concerns public law and judicial review. She is therefore able to tackle any aspect of public law and statutory interpretation and, during her appointment to the Attorney General's B Panel, she has regularly advised and appeared for the Secretary of State in diverse matters such as immigration and asylum, prisoners' rights and education.

More recently, Rebecca has conducted a number of judicial reviews in the health sector, with particular emphasis on healthcare funding.

In addition to the numerous cases listed under specialist sections, her reported cases in wider areas of public law include:

  • R (on the application of European Surgeries Ltd) v Cambridgeshire PCT and the Secretary of State for Health [2007] EWHC 2755 (Admin), [2008] PIQR 8 (NHS reimbursement of medical care costs incurred outside the UK)
  • R (on the application of T) v Haringey LBC [2006] 9 CCL Rep 58 (responsibilities of local PCT versus social services for respite care)
  • R (on the application of MBL Stock) v (1) First Secretary of State (2) Chichester DC [2004] EWHC 1253 (Admin) (planning)
  • R ( on the application of Begum) v Social Security Commissioners [2003] EWHC 3380 (Admin) (maintenance undertakings given as a condition for entry clearance to the United Kingdom under reg.21(3)(1) Income Support (General) Regulations 1987)
  • La Rocca v Social Security Commissioner [2003] EWCA Civ 90 (recoverable social security benefits from personal injuries damages settlement)

 

PUBLIC PROCUREMENT

Rebecca has acted for and advised both private and central and local government clients in a wide range of procurement matters. Both her litigation and advisory experience has involved complex subject matter ranging from national IT networks to pharmaceutical and medical equipment procurement. Recent areas of advisory work have included the effect of the Court's judgment in Lianakis on the legitimacy of award and selection criteria, the effect of transfer of businesses as going concerns on procurement processes, proposed structures designed to benefit from Teckal, the impact of termination of procurement rounds in favour of inhouse provision and diverse local authority planning matters raising uncharted issues arising from Auroux. She has successfully defended and obtained injunctions in numerous matters as well as acting in some of the few cases which have continued to the substantive stage.

Reported cases include

  • R (on the application of) Fuji Photo Film (UK) Ltdv First Secretary of State [2005] EWHC 1699
  • DeVilbiss Medequip Ltd v NHS Purchasing and Supply Agency [2005] EWHC 1757 (Ch) - Procurement of contract for domiciliary oxygen
  • Denfleet International Ltd v NHS Purchasing and Supply Agency [2005] EuLR 526 - Procurement by NHS of schizophrenia medications

 

VALUE ADDED TAX

Rebecca has regularly acted for both the Commissioners and the private sector in all aspects of VAT before the Tribunal and higher courts. 

Reported decisions include:

  • RM Education PLC v HMRC [2009] STI 451 (the correct VAT treatment of examination marking software systems, whether an exempt examination service or a standard rated supply of bespoke software.
  • R (on the application of Teleos plc) v HMRC (various issues including zero-rating of intra-Community dispatches, fraudulent transactions, proportionality, interim payments)
  • Healthcare Leasing v HMRC [2007] BVC 2529 (Guernsey company, place of supply of services)
  • R (on the application of Software Solutions Ltd v HMRC [2007] EWHC (Admin) (extra-statutory ruling, proper VAT treatment of insurance software.
  • Prudential Assurance v HMRC [2006] STI 2109 (groups of companies, VAT groups, joint ventures, tax avoidance)
  • Prudential Assurance v HMRC [2006] BVC 2340 (credit cards, loyalty cards, intermediaries, exempt supplies)
  • Anglia Regional Co-operative Society v HMRC [2005] BVC 2508 (motor dealers, input tax deduction, time limits, Community law principle of effectiveness)
  • Cross Level Developments v HMRC [2004] STI 2354 (constructions contracts and time of supply of services)
  • Expert Witness Institute v Commissioners of Customs and Excise [2002] 1WLR 1674 (CA) (whether the Institute is a body with civic aims)