Juliette is recognized in Chambers UK as a leading junior in telecommunications, and chancery commercial work.
Juliette undertakes a wide variety of commercial, Telecommunications law and regulation and Chancery work (including civil fraud, asset freezing order, equitable doctrines and remedial trusts), both litigation and advisory at first instance and appellate levels. Juliette has been retained in the Arqiva litigation against Everything Everywhere and Orange arising out of their recent joint venture for the creation of a single network. She has also been retained in the Pinnacle Development fraud action as well as the Dadourian Group fraud action. Juliette's telecommunications experience covers all telecommunication sectors, both stakeholder and regulatory/licensing, ranging from network operators and mast site providers, to content providers, Ofcom and PhonepayPlus, and Code related issues. Juliette (as junior) has most recently succeeded for the Claimants in the first reported case involving the transfer and variation of spectrum licences under the Wireless Telegraphy Act 2006 and Ofcom's discretion thereunder.
recommendations
Chambers UK 2012
Telecommunications: '"an impressive young barrister" who brings her "brightness and enthusiasm" to every case she fights".
Chancery Commercial (ranked since 2009): 'has a fearsome reputation as a "forceful advocate who doesn't take any prisoners" when the situation calls for it'.
featured cases
Arqiva Ltd & Ors v Everything Everywhere Ltd, OPCS & Ors [2011] All ER (D) 266 (Jul); [2011] EWHC 2016 (TCC)Telecommunications, Wireless Telegraphy Act 2006. Transfer and variation of mobile spectrum licences and Ofcom's discretion.
Arqiva Ltd & Ors v Everything Everywhere Ltd, OPCS & Ors [2011] EWHC 1411 (TCC); (2011) 108 (32) LSG 18Telecommunications, construction of contracts and licences, electronic communications networks, radio access network, roaming, breach of contract and injunctions.
Abbar & Anr v Sedco Real Estate Limited, Saudi Economic & Development Company (Sedco) Ltd, Arab Investment Ltd & Ors Ch.D [2010] EWHC 2132 (Ch)
Conspiracy to defraud, joint tortfeasors and guidance on obligations of Counsel when pleading fraud.
Schwebel v Schwebel [2010] EWHC 3280 (TCC)
Guidance on appeals under Sections 68 and 69 of the Arbitration Act 1996.
Dadourian Group International & Ors v Simms & Ors [2009] 1 Lloyd's Rep 601
Case concerned: (i) the exercise of discretion to strike out an appeal under CPR Part 52.9 and application of article 6 and Arrow Nominees Inc v Blackledge [2000] 2 BCLC 167; (ii) the exercise of discretion to discharge freezing orders on the basis of material non-disclosure and causes of action which all failed at trial; (iii) the parameters for causation in deceit - Smith New Court Securities Ltd v Citibank NA [1997] AC 254; and (iv) materiality of arbitration findings and arbitration award between A and B in subsequent proceedings between B and C.
Tamlura NV v CMS Cameron McKenna Ch.D [2009] EWHC 538 (Ch)
Professional negligence claim arising out of £40m share sale agreement.
Dadourian Group International &Ors v Simms & Ors Ch.D [2008] EWHC 1784 (Ch)
Use of unlawfully disclosed privileged documents, fraud exception to privilege, waiver of privilege and related issues.
Dadourian Group International & Ors v Simms & Ors Ch.D [2008] EWHC 186 (Ch)
Release of undertakings for use in main action of evidence obtained under cross examination in freezing order proceedings.
Halpern v Halpern [2008] QB 195
Conjoined appeals and widely reported case on (i) conflict of laws - whether a non-national system of law, such as Jewish law, could be the applicable law of a contract under the Rome Convention, or an aid to interpretation of a contract governed under the Rome Convention by a national system of law; (ii) availability of rescission of a contract allegedly procured by duress and necessity of counter-restitution.
Dadourian Group International &Ors v Simms & 15 Ors Ch.D [2007] EWHC 2634 (Ch)
Effect of injunctive relief on third parties, whether a third party could be in contempt of court by seeking to deploy material, the use of which was prohibited by an order in separate proceedings against other parties, and consideration of Attorney General v Punch [2003] AC 1046.
Halpern v Halpern (No.2) [2006] 3 WLR 946
Restitution and rescission, a party cannot rescind a contract procured by duress in circumstances where he could not offer the other party substantial restitutio in integrum.
Halpern v Halpern [2006] 2 Lloyd's Rep 83
Conflict of laws, application of Shamil Bank of Bahrain EC v Beximco Pharmaceuticals Ltd & Ors [2004] 1 WLR 1784 to Jewish law and to compromise agreement embodied in an arbitration award, Part 24, fraudulent misrepresentation, mistake, frustration, uncertainty, fulfilment of condition precedent and duress.
PRS v ICSTIS (unreported) IAB 5 July 2005
Successful appeal against unprecedented fines imposed by ICSTIS against a service provider and first guidance on ICSTIS' powers under the Communications Act 2003.
Mancini v Telecommunications Uk Ltd [2003] EWHC 211 (Ch)
Improper/fraudulent use of numbers, strike out of claim and failure to comply with court orders.
Re: Don Basil Williams [2003] BPIR 545, [2002] EWHC 1393 (Ch)
Consideration of sanction of office-holders' compromise under sections 167(1) and 314 of the Insolvency Act 1986.
Re: Allen, Re a Debtor (no.367 of 1992) [1998] BPIR 319
Section 264 of the Insolvency Act 1985 -whether one petition can be presented by two separate creditors in respect of two separate debts.