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Spotlight
About
Provided by Gerry Facenna KC
Practice Areas
Competition, Commercial Regulation, Data Privacy, Energy, EU, Judicial Review and human rights.
Gerry Facenna is an expert in administrative law; regulatory law (including energy, telecoms, and transport); competition law; civil liberties; consumer rights; data protection; and EU law. His recent work includes: CAT collective proceedings against Google (ad tech / competition law); ICO v. Tiktok (regulatory data protection); O’Carroll v. Meta (data protection rights); collective proceedings against the Police Federation (data protection); R (Bridges) v S. Wales Police (police use of facial recognition); restitution clams against the water and sewerage companies; Hughes v Pension Protection Fund (pensions / discrimination); CMA v Care UK (Unfair Terms in Consumer Contracts); Lloyd v Google (data protection class actions); Elgizouli (data - international transfers); R (Heathrow Hub Ltd.) v. SoS (third runway – competition); Google v CNIL (right to be forgotten); Liberty v. SSHD (Investigatory Powers Act); Wightman (Art 50 / Brexit); Miller (1) (Art 50 / Brexit); Privacy International (investigatory powers / civil liberties).
Career
Called to the Bar of England & Wales (2001, KC 2016); Scotland (2006) and Ireland (2018). Previously 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).
Chambers Review
UK Bar
Gerry Facenna KC 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.
Gerry Facenna KC receives consistently strong praise for his work on significant European law mandates. He took a prominent role in the legal wrangling following the Brexit referendum, 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.
Gerry Facenna KC has a 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.
Gerry Facenna KC has acted in several important public law cases that test the relationship between data privacy and the obligation on telecommunications providers to store and disclose data in the interests of counterterrorism. He also handles data privacy cases regarding EU data rules for search engines. His clients include significant telecommunications and technology companies, as well as government bodies.
Gerry Facenna KC 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.
Gerry Facenna KC of Monckton Chambers is 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.
Gerry Facenna KC is recognised for his strong expertise in data and competition-related group litigation and collective actions. He has typically represented the claimant groups or representative claimants in such cases.
Gerry Facenna KC of Monckton Chambers is a prominent competition and regulatory silk with a noteworthy energy specialism. He represents both regulators and private companies on price control disputes and regulatory advice.
Strengths
Provided by Chambers
"Gerry is strategically excellent and has a good instinct for how judges view a case. He is a very charming advocate."
"Gerry is strategically really excellent and a very charming advocate."
"Gerry has a nice style in court."
"Gerry is a master in relation to judicial review matters and particularly good on data protection issues."
"Gerry is very strategic. He will set the strategic theme in what we do."
"Gerry is extremely easy to work with and very agreeable. He is just a great team player."
"He is very good in the competition group litigation space."
"Gerry is a fantastic advocate."
"Gerry is highly regarded and formidable."
"Gerry is a super star."
"Gerry is notable. He is great on EU law and very knowledgeable; he has almost encyclopaedic knowledge."
"Gerry is strategically excellent and has a good instinct for how judges view a case. He is a very charming advocate."
"Gerry is strategically really excellent and a very charming advocate."
"Gerry has a nice style in court."
"Gerry is a master in relation to judicial review matters and particularly good on data protection issues."
"Gerry is very strategic. He will set the strategic theme in what we do."
"Gerry is extremely easy to work with and very agreeable. He is just a great team player."
"He is very good in the competition group litigation space."
"Gerry is a fantastic advocate."
"Gerry is highly regarded and formidable."
"Gerry is a super star."
"Gerry is notable. He is great on EU law and very knowledgeable; he has almost encyclopaedic knowledge."