Joseph Barrett KC

Joseph has a broad public law practice. He has particular expertise in public law challenges to major public contracts and commercial ventures and decisions. In recent years he has acted in a number of the most significant public law cases to come before the Courts.

Examples of his work in this field include:

R (Boots Management Services Ltd) v CAC & SSBIS – R (Boots Management Services Ltd) v The Central Arbitration Committee and the Secretary of State for Business, Innovation and Skills
[2017] EWCA Civ 66
Acting successfully for the Secretary of State for Business, Innovation and Skills in the Court of Appeal, establishing that the UK’s trade union collective bargaining legislation does not breach Article 11 of the European Convention on Human Rights.

R (National Aids Trust & Local Government Association) v NHS Commissioning Board and Secretary of State for Health
[2016] EWCA Civ 1100
Sole counsel acting successfully for the Secretary of State in establishing that NHS England has legal power to commission specialist HIV prevention treatment

R (Justice for Health Ltd) v The Secretary of State for Health; R (BMA) v Secretary of State for Health
[2016] EWHC 2338 (Admin)
Acting successfully for the Secretary of State in defending various judicial review and competition law challenges to the introduction of a new national model contract for junior doctors in the NHS.

R (Ghulam & Ors) v Secretary of State for the Home Department
[2016] EWHC 2639 (Admin)
Acting successfully for the Secretary of State in 3-linked judicial review test cases challenging the rate of financial support for adult and dependant child asylum seekers.

Attorney-General for the Prince of Wales v the IC and Mr Michael Bruton
[2016] UKUT 0154 (AAC)
Acting for Mr Bruton in the upper tribunal in a case concerning whether the Duchy of Cornwall/Duke of Cornwall (i.e. Prince Charles) is a public authority under EU environmental access to information law.

Hotak and others v London Borough of Southwark and another
[2015] UKSC 30
Acting successfully for the Secretary of State in a leading case on: (i) the scope of the s.189 Housing Act 1996 ‘priority need’ housing duty, and (ii) the public sector equality duty.

Joseph is ranked as a Band 1 practitioner by all of the main legal directories (Chambers & Partners, Legal 500 and Who’s Who Legal).

He is widely regarded as the leading junior at the Bar in the field of EU procurement litigation and challenges to public sector contracts.

He is regularly instructed in leading cases (frequently against KCs). He has acted in more than 100 High Court EU procurement cases and has experience of litigation under all of the principal EU procurement regimes, i.e. public contracts, utilities and defence and security. He also has experience of advising both economic operators and public authorities in connection with EU Commission complaints and investigations regarding alleged breaches of the EU procurement and State aid regimes.

Joseph also has a very extensive advisory practice spanning the full range of procurement law. In particular, he has extensive experience of advising on issues such as the application of procurement law to development agreements and other land related transactions, post-tender variations to significant public contracts, public-private partnerships and the structuring of legal transactions in a manner that is consistent with procurement law.

His notable recent cases in this field include:

Hallett v Derby Hospitals NHS Foundation Trust
[2018] EWHC 796 (QB), [2018] 3 All ER 895, QBD, April 19 2018
Proper interpretation of provisions in nationally agreed junior doctors’ employment contracts relating to working hours and natural breaks.

MLS (Overseas) v Secretary of State for Defence
[2018] EWHC 1303 (TCC), [2018] CILL 4166; 178 Con LR 197, TCC, May 25 2018
Ministry of Defence acted unlawfully in rejecting a tender – Unsuccessful tenderer entitled to an order that the decision should be set aside – remedies.

Nuclear Decommissioning Authority (Appellant) v EnergySolutions EU Ltd (now called ATK Energy EU Ltd)
[2017] UKSC 34
Acting successfully for the Appellant, the NDA, in a landmark Supreme Court judgment establishing that damages in procurement claims are not awarded as of right, but should only be available if any breach of duty that is established is ‘sufficiently serious’ within the meaning of the EU law conditions for Member State liability (i.e. the well known Francovich/Factortame conditions).

Perinatal Institute v Healthcare Quality Improvement Partnership
[2016] EWHC 2626 (TCC)
Sole counsel for the successful Defendant, HQIP, in lifting an automatic suspension on the award of the contract for the rollout and delivery of a national perinatal mortality project across the NHS in England, Wales and Scotland.

Newlyn Plc v London Borough of Waltham Forest
[2016] EWHC 771 (TCC)
Sole counsel for the successful Defendant, LBWF, in striking out/obtaining summary judgment on PCR 2015/judicial review claims challenging the award of contracts for enforcement agent/bailiff services under the YPO national dynamic purchasing system.

Woods Building Services v Milton Keynes Council
[2015] EWHC 2172 (TCC), [2015] LGR 747, [2015] BLR 591
Sole counsel for the successful claimant, Woods, in the first case in which High Court has considered EU law principles of effective remedy relating to mandatory orders and damages following the setting aside of a contract award decision under the Public Contracts Regulations 2006.

Woods Building Services v Milton Keynes Council
[2015] EWHC 2011 (TCC), [2015] LGR 715, [2015] BLR 571
Sole counsel for the successful claimant, Woods, in the first case in which the High Court has set aside a public contract award decision under the Public Contracts Regulations 2006. Leading case on the legal principles applicable to EU procurement scoring challenges.

Edenred (UK Group) Ltd v Her Majesty’s Treasury & Ors
[2015] UKSC 45, [2015] PTSR 1088; [2016] 1 All ER 763; [2015] 3 CMLR 47, SC, July 1 2015
Acting for the Claimants/Appellant on a leading case on: (i) material variations to public contracts, (ii) compliance of OJEU contract notices with EU transparency requirements, and (iii) the application of EU procurement law to ‘internal’ arrangements between public bodies.

Bristol Missing Link Limited v Bristol City Council
[2015] EWHC 876 (TCC), [2015] LGR 480
Acting successfully for BMLL in maintaining the automatic suspension in relation to a significant contract for domestic violence support services.

Solent NHS Trust v Hampshire County Council
[2015] EWHC 457 (TCC)
Acting successfully for the Defendant, HCC, in lifting the automatic suspension in respect of £40m contract for substance misuse recovery services.