Rupert Paines

Rupert regularly advises and represents public bodies and commercial entities on issues concerning public law and judicial review, including in relation to matters with human rights, retained EU law, and/or commercial elements. He advises on all aspects of vires and public bodies’ powers and obligations, and on challenges to public bodies’ decisions.

Rupert is on the B Panel of counsel for central Government work.

His recent cases include acting:

• R (Wikimedia Foundation Inc) v SoS for Science, Innovation and Technology: leading counsel for Wikimedia (leading Raphael Hogarth) in the first substantive challenge to measures under the Online Safety Act 2023 (challenging the categorisation Regulations for Category 1 services under the Act). Instructed by Pinsent Masons LLP.
• R (Kadas) v HMRC: leading counsel for HMRC (leading Rita Dias) in defending a challenge by a HNWI to the transfer of his tax data to the Spanish tax authority under international tax transparency legislation. Instructed by HMRC.
• R (Publishers Association) v SoS for Education: counsel for Publishers Association (with Tom de la Mare KC) in a major challenge to the terms on which the Oak National Academy has been authorised to provide curriculum materials. Instructed by Osborne Clarke LLP.
• R (Good Law Project) v Equality and Human Rights Commission: sole counsel for an intervener (Sex Matters) in this challenge to the Equality Act and ECHR-compatibility of the EHRC’s interim guidance on access to sanitary facilities. Instructed by Conrathe Gardner.
• R (BEL and ors) v SoS for Foreign and Commonwealth Affairs: counsel for the SSFCA (with Julian Milford KC) defending this challenge by family members in Gaza of a UK resident, seeking consular assistance to leave Gaza. Instructed by GLD.
• R (Zenobe Energy Limited) v Ofgem: counsel for Ofgem (with Joe Barrett KC) defending (i) subsidy control proceedings in the CAT; and (ii) a judicial review, in both cases seeking to quash Ofgem’s cap and floor scheme for Long Duration Electricity Storage (‘LDES’). LDES is a key part of the Government’s ambition to move to a clean energy environment. Instructed by Ofgem.

Rupert has considerable experience in the application of the procurement and state aid rules, and has been instructed in a significant proportion of recent high-profile procurement litigation before the UK courts, including the Edenred and EnergySolutions appeals at trial and in the Court of Appeal and Supreme Court.

He has expertise in all the various procurement regulations, in direct claims under s. 2 European Communities Act 1972, and in related judicial review remedies and commercial claims.

Rupert has recently been engaged, among other matters, in:

• Airwave and Motorola v Secretary of State for the Home Department: counsel for Airwave/Motorola (with a number of others) in a challenge to a unilateral extension of a series of major public contracts for the provision of radio networks for the emergency services. Instructed by Quinn Emanuel Urquhart & Sullivan LLP.
• Zenobe Energy Limited v Ofgem: counsel for Ofgem (with Joe Barrett KC) defending (i) subsidy control proceedings in the CAT; and (ii) a judicial review, in both cases seeking to quash Ofgem’s cap and floor scheme for Long Duration Electricity Storage (‘LDES’). LDES is a key part of the Government’s ambition to move to a clean energy environment. Instructed by Ofgem.
• Condor Ferries / Bretagne Angleterre Irlande Ferries v Government of Jersey: advising Condor/BAI (with Joe Barrett KC) in their challenge to the award to DFDS of a long-term ferry franchise between the UK and Jersey. Instructed by Bevan Brittan LLP.
• Cinapsis v Hertfordshire and North West Essex Integrated Care Board: sole counsel for Cinapsis in challenging the award of two contracts for app-based advice and guidance services to a competitor, Consultant Connect. Instructed by Bevan Brittan LLP.
• SRCL Ltd v NHS Humber and North Yorkshire ICB and 22 ors: counsel for 23 ICBs (with Joe Barrett KC) defending a challenge to their award of 22 contracts for clinical waste services. Instructed by Capsticks LLP.

Rupert advises and represents clients in all forms of commercial disputes, including in particular commercial employment disputes, disputes arising out of procurements, and public law (including EU/HRA) challenges to protect commercial interests. Rupert’s expertise in procurement, commercial law, and public law renders him well-placed to advise and represent clients at the intersection of these areas of practice.

Current and recent cases include:

• Aon UK Ltd & ors v Howden Group Holdings Ltd & ors: counsel for Aon (with Amy Rogers KC and others) in this major reinsurance broking ‘team move’ claim spanning the UK and Latin America. Instructed by Lewis Silkin LLP.
• Acquinex Ltd & ors v Howden Group Holdings Ltd & ors: counsel for Acquinex (with a number of others) in another substantial ‘team move’ claim, in this case in the area of warranty and indemnity insurance broking. Instructed by Mayer Brown International LLP.
• Boydell v NZP UK Ltd: counsel for NZP (with Judy Stone KC) in this restrictive covenant application (in the High Court and Court of Appeal). Instructed by Kirkland & Ellis LLP.
• Guy Carpenter & Co. Ltd v Howden Group Holdings Ltd: counsel for Guy Carpenter (with Amy Rogers KC and others) in another major reinsurance broking team move. Instructed by Mayer Brown International LLP.
• Multiple arbitrations: acting for a well-known financial institution in multiple arbitrations relating to confidential information, team move, and post-termination wrongdoing. Instructed by Lewis Silkin LLP.

• R (Wikimedia Foundation Inc) v SoS for Science, Innovation and Technology: leading counsel for Wikimedia (leading Raphael Hogarth) in the first substantive challenge to measures under the Online Safety Act 2023 (challenging the categorisation Regulations for Category 1 services under the Act). Instructed by Pinsent Masons LLP.
• Mike Ashley v Morgan Stanley & Co International plc: counsel for Morgan Stanley (with Tim Pitt-Payne KC) defending a data subject access request submitted by Mike Ashley in the context of Commercial Court litigation between the parties. Instructed by Ropes & Gray International LLP.
• DSG Retail Ltd v Information Commissioner: counsel for DSG (with Tim Pitt-Payne KC) in this regulatory appeal (currently in the Court of Appeal) concerning the technical protections on DSG’s systems, and the implications of pseudonymisation as a data security measure. Also instructed as sole counsel dealing with related civil claims. Instructed by Pinsent Masons LLP.
• BT plc and Openreach Ltd v Information Commissioner: sole counsel for PT/Openreach in this regulatory appeal, concerning the question whether BT or Openreach are ‘public authorities’ for the purposes of the Environmental Information Regulations 2004. Instructed by DWF Law LLP.
• Ancestry Ireland Unlimited Company v Information Commissioner and National Records of Scotland: sole counsel for the Information Commissioner, defending the first major challenge under the Re-Use of Public Sector Information Regulations 2015 to NRS’s refusal to provide Ancestry (a genealogy company) with Scottish public records.