Alan Griffiths

Recommended by the Legal 500, Chambers UK and Legal Experts, Alan Griffiths has been involved in many of the major commercial JR's in recent years. (See industry sectors for details). He has a substantial practice advising commercial and private financing parties on Private Finance Initiative schemes, Public Private Partnerships and public sector contracts, and on the powers of public authorities (ultra vires), including the MoD, NHS Trusts, local authority and railway industry projects and the certification of contracts under the Local Government (Contracts) Act 1997.

"The 'formidably clever' Alan Griffiths of One Essex Court continues to impress clients with his 'first-rate technical knowledge, memory for detail and superb commercial advice.'  He is involved in major commercial judicial reviews and is, according to solicitors, 'a phenomenal resource to have during real head-scratching times." (Chambers UK 2009)

"'Alan Griffiths of One Essex Court is 'staggeringly intelligent', and 'often provides insights which very few can provide', say sources. He is a hit with clients, who warm to him because 'he immediately commits to our commercial objective without being blinkered about it'." (Chambers UK 2008)

• UK Takeover Panel
  Currently advising the Takeover Panel in relation to the European Takeover Directive and the drafting of the UK's implementing legislation for the Directive. Also advised the Panel on the Financial Services & Markets Act 2000 (incl. the House of Lords amendments).
• Skynet 5 Secure Military Satelitte Communications Project
  Advised the project companies and lending institutions on the vires issues concerning the restructuring of the Ministry of Defence's Skynet 5 Secure Military satellite Communications PFI Project. The restructuring flowed from the original PFI project in October 2003, on which Alan also advised, and which was described by the Lawyer as 'quite literally, rocket science'. (June 2004). The £2.5bn deal, was at the time, the largest ever PFI defence project to close in the UK and was the first time military satelitte communications have been supplied by a private company.
• Project Allenby/Connaught
  Advised the project companies and lending institutions on the vires issues concerning the Ministry of Defence's PFI scheme for the Salisbury and Aldershot Garrisons, which includes a £1.83 billion public bond issue.

"'Master craftsmen' Alan Griffiths has positioned his practice at the intersection between public law and commercial issues. Solicitors value his 'commerciality and phenomenal powers of analysis and insight.’ He has particular expertise in regulatory issues, as illustrated of late in his representation of E.ON in its successful intervention in support of GEMA/Ofgem in resisting a judicial review challenging its decision to approve current charging methodology proposed by NGC for the use of the Great Britain electricity transmission system. He is active in a range of industry sectors, including competition and EC law issues.'" (Chambers UK 2007).

His practice has included considerable knowledge of the following:

Recent and notable cases include:

• R v. Director General for Electricity Supply ex p Scottish Power (CA) LTL 3/2/97 (Unreported elsewhere)
  For Scottish Power, in a successful challenge to price control decisions of Ofgem, the electricity regulator.
• Scottish Power Energy management Ltd & Ors v. GEMA & Ors [2005] EWHC 2324 (Admin); LTL 3/11/2005 (Unreported elsewhere)
  For E.ON Plc, successfully intervening in support of GEMA in resisting substantial and expedited JR proceedings challenging the decision of the Authority to the GB transmission system charging methodology proposed by NGC.
• EAA Proceedings
  For two respondent companies in separate industry arbitration proceedings, defending claims by a single major electricity supplier as to whether it could recover from the respondent companies, under an Electricity Supply Agreement, costs incurred in complying with the Renewables Obligations Order 2002. Subsequently appeared on application for LTA one of the awards before the TCC: Tesco Stores Ltd v. Npower & Anr

Recent and notable cases include:

• E.ON UK plc v. Gas and Electricity Markets Authority (CC02/07)
  For the energy major E.ON, in successful proceedings before the Competition Commission, concerning the arrangements for offtake of gas from the National Transmission System. The appeal, under s173 Energy Act 2004, challenged GEMA's decision to direct implementation of modification proposal 116V to the Uniform Network Code. The proceedings, in which Centrica intervened in support of E.ON's appeal, constitute the first ever challenge against a decision by the British energy regulator on an energy code modification to go full term to determination.
• Amoco (UK) Co & Ors v. British American Offshore Ltd & Anr [2002] BLR 135
  For BAO, the drilling contractor, with Lord Goldsmith QC (the now Attorney General and latterly Richard Sibbery QC, in its successful £53m claim, with indemnity costs, for wrongful termination of contract concerning a Gorilla V class jack-up drilling rig. The 85 day trial was the largest single piece of litigation heard in the Commercial Court in 2001. For related litigation re jurisdiction see: [1991] 2 Lloyd's Rep 772.
• Ad Hoc Arbitration Proceedings
  Advised in relation to severance, transition and operating costs concerning a dispute over a Joint Operating Agreement between owners and users of a North Sea gas terminal responsible receiving and processing gas for entry into the National Transmission System.

"Alan Griffiths of One Essex Court 'probably knows more about nuclear matters than anyone else at the Bar'. As part of his reputed commercial practice, he advises on the transportation of nuclear waste, as well as on Renewable Obligations and nuisance cases." (Chambers UK 2007).

Recent and notable cases include:

• Greenpeace Ltd v. British Nuclear Fuels Plc & Anr
  For BNFL, concerning highly publicised shipment of a consignment of MOX fuel assemblies from Japan. Whether a shipment carrying radioactive waste constituted a criminal offence and was in breach of International, European and UK law.
• R v. Secretary of State for the Environment, Food & Rural Affairs ex p Friends of the Earth & Greenpeace [2001] 50 EG 91 (CS); [2002] Env LR 24
  For British Nuclear Fuels Limited (BNFL), in the High Court and Court of Appeal successfully resisting a JR challenge to the production of MOX fuel at the Sellafield nuclear site. Council Directive: 96/29/EURATOM.
• R v. Her Majesty's Inspectorate of Pollution ex p Greenpeace [1994] 1 WLR 570; [1994] 4 All ER 321;[1994] All ER 329
  For BNFL, in successfully resisting Greenpeace's challenges to the testing and commissioning of BNFL's THORP reprocessing plant at Sellafield.
• Advised on Justification and Environmental Impact Assessment specifically in relation to the transportation of separated plutonium.

Recommended by Chambers UK, Alan Griffiths has been instructed in many of the major energy / environmental cases, (particularly those concerning nuclear power and radioactive substances in the context of his substantial commercial JR practice). (See above for detail). He has advised on the application of the EC's Large Combustion Plant Directice (LCPD) to a coal-fired generating station and in a number of cases concerning nuisance, negligence and Rylands v. Fletcher liabilities arising out of fires and explosions. His work includes both competition and European Community law issues.

"'Top-notch Alan Griffiths of One Essex Court has an acknowledged specialism in dealing with environmental concerns affecting the energy sector.  His knowledge extends to an understanding of the oil, gas and nuclear industries, as well as newer concerns such as renewable energy and the climate change levy.  He recently defended prosecutions brought in the British Virgin Islands and has a good track of dealing with judicial review proceedings." (Chambers UK 2009).

His practice includes considerable knowledge of the following:

• Climate Change Levy
• CO2 Emissions
• Electro-Magnetic Fields
• Large Combustion Plant Directive (LCPD)
• Levy Exemption Certificates (LECs)
• Nuisance, Environmental Negligence, Ryland & Fletcher liabilities
• Non Fossil Fuels Obligations (NFFOs)
• Renewables Obligations Certificates (ROCs)
• Renewables Output Factor (ROF)
• SO2 Emissions & Flue Gas Desulphurisation
• Windfarms

Recent and notable cases include:

• R v. Secretary of State ex p Duddridge & Ors [1995] ELR 151; [1997] Env LR 235; [1996] 8 Admin LR 269
  For National Grid, successfully resisting a major challenge to the UK environmental regulations (limiting electro magnetic fields) for the operations of the overhead electricity grid.
• R v. Tandridge District Council & Anr ex p Al Fayed [1999] EGCS 6; [1999] Env LR D24; [2000] 1 PLR 58; [2000] JPL 604; 80 P&CR 90; [2000] 79 P&CR 227; [2000] EGCS 1
  For Mercury Communications / One2One, in the Administrative Court and in the Court of Appeal, successfully resisting a challenge to the siting of mobile phone base stations on grounds related to the alleged health risks from electro-magnetic field radiation.
• Wheatley & Ors v. Schultheiss & Anr (BVI)
  Successfully defending proceedings in the British Virgin Islands at first instance and at appeal alleging liability for escape of fire to the property of another and damage resulting from fire caused by the defendants alleged negligence or that of their servants or agents.
• Heathrow Noise Limits
  For IATA, the representative body of the international Airline Industry, in a series of successful JR challenges to the introduction of new noise limits at the London Airport.

Alan Griffiths has advised major life assurance companies on restructuring and accounting requirements under the Companies Act and on the jurisdiction of the Financial Review and Reporting Panel.

• Johnston (Inspector of Taxes) v. Britannia Airways Ltd [1994] STC 763; 67 Tax Cas 99
  For the Inland Revenue in a dispute over accounting principles. Whether accounts should be prepared on capitalise and amortise basis. Whether accruals method matched costs of a period of account with revenue earned in same period. Whether accounts prepared according to correct principles of accounting. Whether accruals method sufficiently reliable.
• R v. Inland Revenue Commissioners ex p S G Warburg & Co Ltd [1994] STC 518; 68 Tax Cas 300
  For the Inland Revenue, successfully resisting JR challenge - Alternative Remedies - Valuation of stock in trade - Statement of practice that Revenue would not tax increase in value resulting from a change from one valid basis of stock valuation to another valid basis - Whether refusal to apply statement of practice amounted to breach of representation and/or caused unfairness to applicant.

• R v. The Competition Commission & Ors ex p Milk Marque Ltd & Anr (National Farmers Union) (Third Party) European Court of Justice (case C-137/00) [2004] QB 442; [2004] ALL ER (EC) 410
  For the dairy farmers' co-operative, Milk Marque, in the High Court (JR) and before the ECJ challenging decisions of the Competition Commission and the Secretary of State, which caused the break up of the largest dairy co-operative in the UK. Challenge based on the agricultural and competition provisions of the EC Treaty.
• R v. The Ministry of Agriculture, Fisheries and Food & Anr ex p Monsanto Plc (Admin) (1998)
  For the Intervener, Feinchemie Schwebda GmbH, a German generic manufacturer and supplier of Glyphosphate known as Typhoon 360. Resisting a JR of the Directorate's decision to grant provisional approval for a license to sell in the UK under regulation 5(2)(b) of the Control of Pesticides Regulations 1986.

• Heathrow Airport Noise Limits
  For IATA, the representative body of the international airline industry, in a series of successful JR challenges to the introduction of new noise limits at the London airport.
• Ryanair Ltd v. Secretary of State for the Department for Transport
  For the budget airline in the highly publicised claim for compensation arising out of new UK aviation security measures implemented in August 2006.

• Hazell v. London Borough of Hammersmith & Fulham [1990] 2 WLR 17 (Divisional Court) & 1038 (CA) The leading case on local authority financial SWAPS / derivative transactions.

"'Hugely respected' Alan Griffiths is experienced in offshore matters, specifically the BVI, Cook Islands and Bermuda." (Legal 500 2008).

• UK Takeover Panel
  Advising the Takeover Panel in relation to the European Takeover Directive and the drafting of the UK's implementing legislation for the Directive. Also advised the Panel on the Financial Services & Markets Act 2000 (incl. the House of Lords amendments).
• Bulcher & Anr v. Talbot & Ors (Leyland Daf) [2004] UKHL 9; [2004] 2 AC 298; [2004] 2 WLR 582; [2004] 1 All ER 1289; [2004] BCC 214; [2004] 1BCLC 281
  The leading case on liquidation expenses and receivers' duties. For Stichting OFASEC, the floating charge holder in their success in the House of Lords. The Lords overruled Re: Barlycorn Enterprises Ltd, Mathias and Davies (a firm) v. Down [1970] 2 All ER 155 and held that the assets out of which liquidation expenses were to be paid did not include the proceeds held by the receivers from the realisation of assets which had been subject to a floating charge.
• Kemper Reinsurance Co v. Minster of Finance (PC) [2000] 1 AC 1; [1998] 3 WLR 630
  For EMLICO (General Electric's insurer), resisting a JR challenge to the re-domestication of EMLICO from Massachusetts to Bermuda.

Alan Griffiths has wide experience in this sector, particularly concerning regulation of the industry. He advised Lloyd's in connection with the review and drafting of the Lloyd's regulatory and disciplinary bye-laws.

• Kemper Reinsurance Company v. Minister of Finance (PC) [2000] 1 AC 1; [1998] 3 WLR 630
  For EMLICO (General Electric's insurers), resisting a JR challenge to the re-domestication of EMLICO from Massachusetts to Bermuda.
• Scher & Ackman v. Policy Holders Protection Board [1994] 2 AC 57 (HL)
  Before the Court of Appeal and subsequently the House of Lords in the leading case on the Policyholders Protection Act 1974.
• Odyssey Re (London) Ltd & ANR v. OIC Run Off Ltd 144 SJ LB 142 (CA)
  For Orion, at 1st instance and before the Court of Appeal, resisting an application by Sphere Drake to set aside a Judgment on the grounds that it was obtained by fraud.
• R v. Council of the Society of Lloyd's ex p Johnson COT 16 August 1996
  For Lloyd's, successfully resisting a challenge to the Lloyd's Reconstruction and Renewal Plan.

• Amoco (UK) Co & Ors v. British American Offshore Ltd & Anr [1999] 2 Lloyd's Rep 772
  For BAO (a drilling contractor) in a jurisdiction challenge against a claim for an anti-suit injunction to restrain proceedings in Texas.
• British Shipbuilders v. VSEL Consortium Plc [1997] 1 Lloyd's Rep 106
  The scope of the arbitration clause in a sale agreement concerning whether questions of construction of the agreement itself were outside the jurisdiction of the Court - Expert Determination.
• RBS v. Cassa di Risparmio delle Provincie Lombard & Ors; RBS v. Institutio Bancario San Poalo di Torino FT 21 January 1992
  Jurisdictional dispute arising out of a documentary letter of credit

• R v. Tandridge District Council & Anr ex p Al Fayed [1999] EGCS 6; [1999] Env LR D24; [2000] 1 PLR 58; [2000] JPL 604; 80 P&CR 90; [2000] 79 P&CR 227; [2000] EGCS 1
  For Mercury Communications / One2One, with David Pannick QC in the Administrative Court and in the Court of Appeal, successfully resisting a challenge to the siting of mobile phone base stations on grounds related to the alleged health risks from electro-magnetic field radiation.
• R v. Panel of Federation of Communication Services Ltd ex p Kubis
  For the Panel, successfully resisting a JR of its decision to approve the decision of the Crime Prevention Inspectorate of the FCS Ltd to issue a 'Notice of Breach of Rules' concerning the trading of stolen mobile phones.
• R v. Independent Television Commission & Anr ex p Virgin Television Ltd
  For New Century in the Channel 5 JR.
• Re Trax FM Ltd (CA)
  For the Interested Party, successfully resisting a JR of the Radio Authority's decision to refuse a license to provide an independent local radio service for the Doncaster area.

• R v. Secretary of State for Health ex p Association of Parallel Importers
  For the Association of the British Pharmaceutical Industry (ABPI), in successfully resisting a challenge by the parallel importers' organisation to the price flexibility provisions of the industry wide Pharmaceutical Price Restraint Scheme 1999. Central issues included European competition law grounds, including Article 81.
• R v. Secretary of State for the Home Department ex p Arthur Cox 46 BMLR 144
  For the Intervener, Macfarlan Smith, successfully challenging the provisional exclusion of a major opiate based product from the NHS approved prescription list under the Misuse of Drugs Act 1971.
• R v. Secretary of State for the Home Department ex p Evans Medical Ltd & Anr (Generics (UK) Ltd Intervening) European Court of Justice (Case C-324/93); [1995] All ER (EC) 481; 29 BMLR 23
  For Macfarlan Smith, before the High Court and on referral to the ECJ, challenging the decision of the SoS to alter the ploicy concerning licencing importation of diamorphine (pure heroin used in medical treatment) from EU Member States. Central issues concerned the interaction between EU competition law and the international treaties on narcotics control.

• E.ON UK Plc v. Gas and Markets Authority (CC02/07)
  For the energy major E.ON, in successful proceedings before the Competition Commission, concerning the arrangements for offtake of gas from the National Transmission System. The appeal, under s173 Energy Act 2004, challenged GEMA's decision to direct implementation of modification proposal 116V to the Uniform Network Code. The proceedings, in which Centrica intervened in support of E.ON's appeal, constituted the first ever challenge against a decision by the British energy regulator on an energy code modification to go full term to determination.
• R v. The Competition Commission & Ors ex p Milk Marque Ltd & Anr (National Farmers Union) (Third Party) European Court of Justice (Case C-137/00); [2004] QB 442; [2004] All ER (EC) 410
  For the diary farmers' co-operative, Milk Marque in the High Court JR and subsequently before the ECJ challenging decisions of the Competition Commission and the Secretary of State, which caused the break up of the largest diary co-operative in the UK. The challenge wass based on agricultural and competition provisions of the EC Treaty.
• R v. Secretary for the Home Department ex p Evans Medical Ltd & Anr (Generics (UK) Ltd intervening) European Court of Justice (Case C-324/93); [1995] All ER (EC) 481; 29 BMLR 23
  For Macfarlan Smith, in the High Court JR and subsequently on referral to the ECJ challenging the decision of the Secretary of State to alter the policy concerning licensing importation of diamorphine (pure heroin used in medical treatment) from EU Member States. Central issues concerned the interaction between EU competition law and the internation al treaties on narcotics control.