Jason Coppel KC

Jason has a wide-ranging judicial review practice, representing claimants, NGOs and central and local government.

“Jason is one of the best public law silks around. His written work is superb and his advocacy is excellent. He is a pleasure to work with.” (Legal 500, 2021)

“Jason is a silk at the top of his game in the realm of public law. He is an accomplished advocate, unflappable on his feet and he is able to quickly grasp issues of the utmost complexity.” (Chambers and Partners 2023)

“Jason has become one of the pre-eminent public law silks. His particular strength is focus; being absolutely clear on the best points to take, and then being able to present them to the court in a highly persuasive way.” (Legal 500, 2022)

His significant recent cases include:

R (TTT) v Governing Body of the Michaela School
CO/1853/2023
Represents well-known School defending decision to prohibit the conduct of prayer rituals on School premises against challenge on religious discrimination, PSED and human rights grounds.

R (British Gas Trading and ors) v Secretary of State for Energy Security and Net Zero
[2023] EWHC 737 (Admin)
Represents Secretary of State defending public law and subsidy control challenge to the sale of Bulb Energy out of administration to Octopus Energy Group.

R (Gardner) v Secretary of State for Health
[2022] PTSR 1338
Represented claimants in successful public law challenge to the Government’s policies regarding protection of care home residents during the early stages of the pandemic.

R (Delo) v Information Commissioner’s Office
[2024] 1 WLR 263 (CA)
Represents the Claimant seeking to establish that the ICO has a duty to investigate and determine all complaints of breach of the GDPR rather than, as at present, determining only a small fraction of them.

R (Piffs Elm Limited) v Commissioner for Local Administration
[2023] 3 WLR 610 (CA)
Represented Local Government Ombudsman in leading case on the doctrine of functus officio as applied to Ombudsmen.

R (Timson) v Secretary of State for Work and Pensions
[2023] PTSR 1616 (CA)
Represented Severn Trent Water, an Interested Party in complaint against Secretary of State concerning the system for making deductions from social security benefits to pay utility bills.

R (Good Law Project & Runnymede Trust) v Prime Minister & Secretary of State for Health
[2022] EWHC 298 (Admin)
Represented claimant NGOs in discrimination and Public Sector Equality Duty challenge to the appointment of friends and contacts of Ministers to top pandemic-related jobs without open competition.

R (Friends of the Earth and ors) v Secretary of State for Business
[2022] EWHC 1841 (Admin)
Represented Good Law Project and Joanna Wheatley in successful challenge to the Government’s Net Zero Strategy. A challenge to the revised Strategy is pending before the Administrative Court.

R (Miller) v College of Policing
[2022] HRLR 6 (CA)
Represented the College of Policing in challenge to guidance on the recording by police of non-crime hate incidents, as applied to police handling of a complaint about gender critical tweets.

R (Good Law Project and EveryDoctor) v Secretary of State for Health
[2022] PTSR 644
Represented claimants in a challenge to the award of a number of contracts for PPE without open competition, in which the High Court held that the Government’s “VIP lane” was unlawful.

R (Fair Play for Women) v UK Statistics Authority
[2021] 3 WLUK 158
Represented claimant pressure group in successful challenge to guidance on answering the “What is your sex?” question in the 2021 census.

R (MP) v Secretary of State for Health
[2021] PTSR 1122
Represented claimant challenging regulations extending charging of fees for NHS treatment to “overseas visitors”.

R (Boris Johnson) v Westminster Magistrates Court
[2019] 1 WLR 6238
Represented Interested Parties defending Magistrates Court decision to issue a summons against Boris Johnson for misconduct in public office due to alleged lying during EU referendum campaign.

R (Law Centres Network) v Lord Chancellor
[2018] EWHC 1588 (Admin)
Represented claimant in successful judicial review of tender process for legal aid contracts to operate housing possession court duty schemes.

Gina Miller v Secretary of State for Exiting the European Union
[2017] 2 WLR 583 (SC)
Litigation to establish whether the Government was entitled to notify the European Council under Article 50 TEU of the UK’s intention to leave the EU without the prior authority of Parliament

Re Northern Ireland Human Rights Commission (Northern Ireland : Abortion)
[2019] 1 All ER 173 (SC)
Represented Equality and Human Rights Commission intervening in a challenge to the law restricting the availability of abortion in Northern Ireland.

Jason has a wide-ranging human rights practice both in the domestic courts and in Strasbourg and frequently appears in cutting-edge human rights claims.

“Excellent leader who is receptive and adaptable. Has the ear of the court” (Legal 500, 2021).

“A real expert in the area and great to work with.” (Chambers & Partners, 2022)

“One of the very best – he has brilliantly clear thinking and provides pragmatic advice.” (Chambers & Partners, 2023)

“He’s absolutely stellar on paper: Everything is analytically correct and written in a very convincing, persuasive and clear manner” (Chambers & Partners, 2020)

His significant recent cases include:

Banks v HMRC
[2022] 1 WLR 825 (CA)
Represented Aron Banks in A1P1 challenge to inheritance tax rules which were argued to discriminate against supporters of smaller political parties such as UKIP.

R (Gardner) v Secretary of State for Health
[2022] PTSR 1338
Represented claimants in successful public law challenge to the Government’s policies regarding protection of care home residents during the early stages of the pandemic.

R (TTT) v Governing Body of the Michaela School
CO/1853/2023
Represents well-known School defending decision to prohibit the conduct of prayer rituals on School premises against challenge on religious discrimination, PSED and human rights grounds.

R (Crowter) v Secretary of State for Health and Social Care
[2023] 1 WLR 989 (CA)
Represented claimants challenging s.1(1)(d) of the Abortion Act 1967 on the grounds that it permits abortion without time limit where a foetus has a disability.  The Court of Appeal dismissed the challenge, and the case will now proceed to the European Court of Human Rights.

R (Miller) v College of Policing
[2022] HRLR 6 (CA)
Represented the College of Policing in challenge to guidance on the recording by police of non-crime hate incidents, as applied to police handling of a complaint about gender critical tweets.

Secretary of State for Work and Pensions v Hughes and ors
[2022] ICR 215 (CA)
Represented the Secretary of State for Work and Pensions in an age discrimination challenge to the cap on pension compensation payable from the Pension Protection Fund.

MS (Pakistan) v Secretary of State for the Home Department (SC)
[2020] 1 WLR 1373
Represented Equality and Human Rights Commission acting as appellant in Supreme Court appeal concerning the immigration rights of individuals who have been subjected to human trafficking.

Catt v UK
(2019) 69 EHRR 7
Represented the UK in European Court of Human Rights proceedings challenging the policy of the police in recording and retaining personal data, on the grounds of breach of Article 8 ECHR.

Re Northern Ireland Human Rights Commission
[2019] 1 All ER 173 (SC)
Represented Equality and Human Rights Commission in challenge to the human rights compatibility of the law restricting abortion in Northern Ireland.

Jason is widely recognised as one of the leading silks practising in procurement and subsidy control law. He has conducted procurement litigation since 1998 and has been instructed in many of the landmark domestic cases. He also has an extensive advisory practice, specialising in issues such as the application of procurement law to development agreements and other property deals, the permissible grounds for variation of existing public contracts and the contracting authority status of quasi-public bodies such as universities. He has been instructed in the Bulb litigation, the major post-EU law subsidy control case.

“One of the best procurement barristers in the field. He stands out above almost anyone else.” “He is brilliant on paper and so clever. He has an understated, calm approach in court” (Chambers & Partners, 2023)

“He is a very fine advocate who exercises good judgement and is excellent at marshalling and managing complex cases.” (Chambers & Partners, 2022) 

“Provides fantastically clear and practical advice, and is a compelling advocate“; “He’s hardworking and technically outstanding” (Chambers & Partners 2021)

“One of the top two performing KCs.” (Legal 500, 2021)

His significant recent cases include:

R (British Gas Trading and ors) v Secretary of State for Energy Security and Net Zero
[2023] EWHC 737 (Admin)
Represents Secretary of State defending public law and subsidy control challenge to the sale of Bulb Energy out of administration to Octopus Energy Group.

Medequip Assistive Technology Ltd v Royal Borough of Kensington and Chelsea
[2022] EWHC 3293 (TCC)
Represented NRS Healthcare, the winning bidder in a procurement for a large-scale health supply and logistics contract, supporting the defendant’s successful application to lift the automatic suspension.

Teleperformance Contact Ltd v Secretary of State for the Home Department
[2023] EWHC 2481 (TCC)
Advised VFW Ltd, the Interested Party, on successful defence of application to lift automatic suspension on award of high value contracts for visa processing services.

Camelot UK Ltd v The Gambling Commission
[2022] EWCA Civ 1020 (CA)
Represented Camelot, the operator of the National Lottery, challenging the decision of the Gambling Commission not to award it the next, Fourth Licence to operate the National Lottery.

Draeger Safety (UK) Limited v London Fire Commissioner
[2021] EWHC 2221 (TCC)
Represented claimant in challenge to outcome of high profile procurement of breathing apparatus for London Fire Brigade.

Stagecoach East Midlands v Secretary of State for Transport
[2020] EWHC 1568 (TCC)
Represented claimant train operating companies in challenge to disqualification from procurement for right to operate West Coast mainline and HS2.

R (Good Law Project and 3 MPs) v Secretary of State for Health
[2021] EWHC 346 (Admin)
Represented claimants in successful challenge to failure of Government to publish details of contracts awarded for PPE and other supplies to address the pandemic.

R (Good Law Project) v Minister for the Cabinet Office
[2022] PTSR 933
Represented claimant in challenge to award of contract for market research services without competition to “friends” of the Minister and Dominic Cummings.

R (Good Law Project and EveryDoctor) v Secretary of State for Health
[2022] PTSR 644
Represented claimants in a challenge to the award of a number of contracts for PPE without open competition, in which the High Court held that the Government’s “VIP lane” was unlawful.

AEW v Basingstoke Council
[2019] EWHC 2050 (TCC)
Represented defendant in EU law-based challenge to large-scale development agreement for leisure park and retail complex.

SRCL v NHS Commissioning Board
[2019] PTSR 383
Represented claimant company challenging auction for clinical waste services on grounds that the defendant had accepted an abnormally low tender.

Amey Highways Ltd v West Sussex CC
[2019] PTSR 1995
Represented defendant to procurement challenges to award of high value highways maintenance contract, and subsequent decision to abandon the procurement.

Ryhurst Limited v Whittington NHS Trust
189 Con. L.R. 83
Represented defendant to claim by preferred bidder complaining of cancellation of tender process in the aftermath of Grenfell Tower Fire.

Circle (Nottingham) Ltd v NHS Rushcliffe CCG
[2019] EWHC 3635 (TCC)
Represented health service body in procurement and state aid challenge to tender process and method of financing of NHS hospital trust

Jason has been a leading practitioner in the EU law field for many years and has appeared at all levels in the domestic courts, as well as on several occasions in the Supreme Court and the Court of Justice of the European Union. Recently, he has acted for the Government in Supreme Court cases on Brexit matters and for Claimants in large scale EU and competition law challenges. He was awarded the Legal 500 EU and Competition Law Silk of the Year 2018 and has been nominated for the equivalent Chambers & Partners award.

“He is an extremely powerful and effective advocate and is genuinely respected by the judiciary” (Chambers & Partners, 2021)

“A very impressive operator” who “has a strong reputation and is a persuasive advocate” (Legal 500, 2020)

R (British Gas Trading and ors) v Secretary of State for Energy Security and Net Zero
[2023] EWHC 737 (Admin)
Represents Secretary of State defending public law and subsidy control challenge to the sale of Bulb Energy out of administration to Octopus Energy Group.

AT v Secretary of State for Work and Pensions
[2023] EWCA Civ 1307
Represented Secretary of State defending human rights challenge to non-payment of Universal Credit to EU Citizens with a right of residence under the Pre-Settlement Scheme.

Secretary of State for Work and Pensions v Hughes and ors
[2022] ICR 215 (CA)
Represented the Secretary of State for Work and Pensions in an age discrimination challenge to the cap on pension compensation payable from the Pension Protection Fund.

Stagecoach East Midlands v Secretary of State for Transport
[2020] EWHC 1568 (TCC)
Represented claimant train operating companies in EU law-based challenge to disqualification from procurement for right to operate West Coast mainline and HS2.

R (Good Law Project and EveryDoctor) v Secretary of State for Health
[2022] PTSR 644
Represented claimants in a challenge to the award of a number of contracts for PPE without open competition, in which the High Court held that the Government’s “VIP lane” was unlawful.

The UK Withdrawal From The European Union (Legal Continuity) (Scotland) Bill
[2019] 2 WLR 1 (SC)
Supreme Court challenge to legality of Scottish Bill concerning allocation of EU legislative powers after Brexit.

Newby v Food Standards Agency
[2019] UKSC 18
Represented FSA in Supreme Court and CJEU in challenge to its actions seeking to enforce EU rules on meat production.

Jason has developed an extensive practice in data protection and freedom of information cases.  Prior to taking silk he was a member of the Attorney General’s Freedom of Information Panel and of the panel of counsel instructed by the Information Commissioner.

“He is highly organised and someone you don’t want on the other side” (Legal 500, 2021)

“extremely good on technical arguments, and excellent at identifying and homing in on the one or two points that will win a case. The court takes him very seriously.” (Chambers & Partners, 2021) 

His notable recent cases include:

R (Delo) v Information Commissioner’s Office
[2024] 1 WLR 263 (CA)
Represents the Claimant seeking to establish that the ICO has a duty to investigate and determine all complaints of breach of the GDPR rather than, as at present, determining only a small fraction of them.

Gradwell and others v Anglian Water Services and ors
BL-2019-002362
Represent defendant water company in large-scale challenge by property search companies seeking to recover charges made by water companies for drainage and water searches.

R (Miller) v College of Policing
[2022] HRLR 6 (CA)
Represented the College of Policing in challenge to guidance on the recording by police of non-crime hate incidents, as applied to police handling of a complaint about gender critical tweets.

R (Fair Play for Women) v UK Statistics Authority
[2021] 3 WLUK 158
Represented claimant pressure group in successful challenge to guidance on answering the “What is your sex?” question in the 2021 census.

Catt v UK
(2019) 69 EHRR 7
Represented the UK in European Court of Human Rights proceedings challenging the policy of the police in recording and retaining personal data, on the grounds of breach of Article 8 ECHR.

Magyar Helsinki Bizottság v Hungary
[2016] ECHR 975
Represented the UK Government intervening before the Grand Chamber of the European Court of Human Rights on the issue of whether Article 10 ECHR confers a right to freedom of information.

Jason has acted in several cases concerning the fall-out from Cheshire West and the Re X litigation, including Re NRA [2015] EWCOP 59 and Re JM [2016] 4 WLR 64 in which the Court of Protection has dealt with issues of representation of incapacitated persons. He also acted for the Government in a recent challenge brought by local authorities to the funding made available for the deprivation of liberty safeguards: R (Liverpool City Council) v Secretary of State for Health [2017] EWHC 986 (Admin). He has acted as legal advisor to Essex University’s Autonomy Project, in particular on its study of compliance of the Mental Capacity Act 2005 with the Convention on the Rights of Persons with Disabilities.

Jason’s extensive experience of pensions law has included long-running discrimination litigation regarding access to pension rights, age discrimination issues, the Local Government Pension Scheme and advising and representing the Department for Work and Pensions on the British Steel Pension Scheme, Guaranteed Minimum Pensions and state pension rights for transsexuals. He has also advised the Pension Protection Fund on levy and other issues.

Significant recent cases include:

Secretary of State for Work and Pensions v Hughes and ors
[2022] ICR 215 (CA)
Represented the Secretary of State for Work and Pensions in an age discrimination challenge to the cap on pension compensation payable from the Pension Protection Fund.

Board of the Pension Protection Fund v Dalriada Trustees Ltd
[2021] ICR 479
Represented the Secretary of State for Work and Pensions in test case concerning the operation of the Fraud Compensation Fund in the context of compensation claims by occupational pension schemes which had been used as a vehicle for pensions scams.

MB v Secretary of State for Work and Pensions
[2019] ICR 115
Represented UK Government in CJEU challenge to refusal of state pension on grounds that a transsexual person had not obtained a Gender Recognition Certificate (on account of being married).

Hampshire v Board of the Pension Protection Fund
[2016] Pens LR 281
Represented UK Government in CJEU challenge to the statutory cap on PPF compensation referred to the CJEU.

Parris v Trinity College Dublin
[2017] ICR 313
Represented UK Government in CJEU proceedings concerning sexual orientation and age discrimination in payment of survivors’ pensions.

Walker v Innospec Pension Trustees
[2017] ICR 1077 (SC)
Represented Secretary of State in Supreme Court proceedings regarding whether the EU Framework Directive requires equal payment to survivors of same sex couples of of survivors’ pensions which accrued before it came into force.