BARRISTER PROFILE

Monckton Chambers

Gerry Facenna

London, UK UK Bar Guide 2021 Ranked in 6 departments
Ranked in : Administrative & Public Law , Civil Liberties & Human Rights , Environment , Telecommunications , European Law , Data Protection
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Barrister profile for UK Bar 2021

UK Bar

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UK Bar
Administrative & Public Law - London (Bar)

Band 2

Content
Gerry Facenna QC
Broad depth of administrative and public law expertise, with a particular emphasis on EU law and regulatory matters. He is also adept at judicial reviews involving human rights law and is equally sought after by defendants and claimants.
Strengths: "Absolutely brilliant. So calm, and his submissions are really excellent. He takes the judge really simply and slowly through a complex argument." "Excellent, clear advice and superb drafting."
Recent work: Acted for the Information Commissioner in relation to Edward Bridges' challenge to the use of facial recognition technology by South Wales Police.
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Civil Liberties & Human Rights - London (Bar)

Band 4

Content
Gerry Facenna QC
He is a highly commended silk noted for his abilities in public law and data protection with significant human rights and civil liberties implications. He is particularly expert in privacy rights matters.
Strengths: "Gerry is an excellent silk."
Recent work: Continued to act for a large number of claimants in the Undercover Policing Inquiry, specifically in relation to concerns around privacy and data protection.
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Environment - London (Bar)

Band 3

Content
Gerry Facenna QC
Recognised as an expert for cases relating to the EU regulation of, and access to, environmental information. His client base includes campaign groups, individuals, corporations, government bodies and regulators.
Strengths: "A superstar across lots of sectors."
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Telecommunications - London (Bar)

Band 3

Content
Gerry Facenna QC
Has acted in several important public law cases that test the relationship between data privacy and the obligation on telecoms providers to store and disclose data in the interests of counter-terrorism. He also handles data privacy cases regarding EU data rules for search engines. Facenna frequently appears before the ECJ and ECHR. His clients include significant telecoms and technology companies, as well as government bodies.
Strengths: "An outstanding advocate who has a deep knowledge of the law relating to the freedom of expression, data protection and privacy." "He is ingenious, good in court, and very informed."
Recent work: Advised an international telecoms operator on a range of issues both in relation to telecoms legislation and regulations. The advice related to issues of data protection and competition law, including the interaction between the regulators of the UK and third countries.
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European Law - London (Bar)

Band 1

Content
Gerry Facenna QC
Receives consistently strong praise for his work in significant European law mandates. He has made significant contributions to the Brexit conversation both through his co-authorship of the 'Three Knights Opinion' and his appearance in the Wightman reference. Facenna also advises on energy sector state aid, employee benefits and data protection cases that are heard before EU courts.
Strengths: "Gerry has very convincing ways of arguing your corner." "He is the gold standard when cases are really tricky and high-profile."
Recent work: Acted for the UK government in a case concerning the application of EU data protection laws in the field of national security, and the interaction between EU law and sovereignty over national security.
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Data Protection - London (Bar)

Band 1

Content
Gerry Facenna QC
Tends to a varied client base of individuals and organisations which request and hold information, and regularly acts for public authorities, including the Information Commissioner itself, offering advice on all aspects of data protection and freedom of information. He has an extensive track record of appearing in cutting-edge cases in forums including the Supreme Court and the CJEU.
Strengths: "He is clever and thorough, and possesses very good insight into a client’s strategic objectives." "He is an excellent advocate with wonderful judgement." "He takes a robust line when he needs to, and his knowledge of the law is exceptional."
Recent work: Acted for the Information Commissioner in the first two major GDPR penalty decisions, with proposed penalties of £183 million against British Airways and around £100 million against Marriott Hotels.
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Barrister information

This content is provided by Gerry Facenna QC

Practice Areas

Judicial Review, Data Protection, EU, Competition.

Gerry has particular expertise in administrative law; commercial regulation (including telecoms, transport and energy markets); competition law; civil liberties; consumer rights; data protection / privacy; environmental regulation; EU law; and State aid. Regularly appears as an advocate in UK courts, specialist tribunals and EU courts. Recent cases include: McCann v Google (Youtube class action); R (Bridges) v S. Wales Police (police use of facial recognition); Hughes v PPF (pensions / discrimination / EU law); Elgizouli (data protection / international transfers); Banks Renewables v. SSBEIS (renewables subsidies / State aid); R (Heathrow Hub Ltd.) (Art 102/106 TFEU); CMA v Care UK (Unfair Terms in Consumer Contracts); Eldon & Leave.EU v. ICO (Direct Marketing / PECR); Google v CNIL (right to be forgotten); Liberty v. SSHD (Investigatory Powers Act); Wightman (Art 50 / Brexit); Miller (1) (Art 50 / Brexit); Stunt v Associated Newspapers (data protection / media); Tempus Energy v SSBEIS (State aid / electricity capacity market); American Express (interchange fees); Privacy International (investigatory powers / civil liberties).

Career

Called to the Bar of England & Wales (2001, QC 2016); Scotland (2006) and Ireland (2018). Prior to QC appointment was a member of the Attorney-General’s ‘A’ Panel of counsel.

Publications

Contributing author to: Information Rights: Law and Practice (Hart, 2020); Halsbury’s Laws of England: Rights and Freedoms (LexisNexis, 2013); EU Competition Law: Procedures and Remedies (OUP, 2006) and The Law of State Aid in the European Union (OUP, 2004).

UK Bar
Gerry Facenna

Monckton Chambers

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1 & 2 Raymond Buildings

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