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Gordon Nardell QC

Gordon handles European and worldwide disputes about major projects and supplies of services in the energy and related sectors including utilities, natural resources and waste. Much of his work involves renewable and conventional energy projects in Europe and Asia, acting in complex litigation and arbitration covering a range of, investment and contract claims, including disputes about offshore plant and equipment. Gordon also acts in disputes involving EU procurement, competition and State aid rules in regulated markets such as transport, telecoms and financial services. He is a Fellow of the Chartered Institute of Arbitrators.

Gordon is a former commercial litigation solicitor. In the 1990s he practised public international law at the Council of Europe. He moved to the Bar from the UK Parliamentary Counsel Office where he was a member of the drafting teams for the Competition Act 1998, Human Rights Act 1998 and Financial Services and Markets Act 2000. He continues to undertake Parliamentary and public affairs work in the UK and EU. 

Specialisations: 

  • Commercial Law
  • Energy and Natural Resources
  • Arbitration and Mediation
  • Constitutional, Public and Human Rights Law
  • EU and Competition Law
  • Public International Law

Specialisations: 

Commercial law, arbitration and mediation

"He has a very seamless, non-didactic style, which allows him to just pull the court along where he wants it to go." Chambers & Partners

Institutional and ad hoc arbitrations in commercial and investment disputes, including bringing and resisting challenges to UK awards

Competition/anti-trust, service concession and pricing issues in the energy, utilities and legal services sectors

Cross-border claims under the Judgments Regulation and Lugano Convention including claims by and against parties domiciled in European offshore jurisdictions

Bringing and defending damages claims against regulatory bodies for failure to implement EU and international obligations in financial services and other sectors; challenging and advising on regulator's immunity from suit

International carriage of goods: scope of EU operators' rights; operator obligations in relation to competition and road safety

Advising national governmental and administrative bodies on legislative arrangements for regulated markets including energy and financial services

Public procurement and joint ventures

Advice and dispute resolution about contracting authority duties including procedural fairness; engineering and construction disputes; direct award/extension of contract; disclosure and security of sensitive information; shareholder and equivalent disputes between joint venture parties; compatibility of public bodies' outsourcing with EU obligations; impact of public law defects on validity of contracts 

 

Cases:

Merong Mahawangsa v. Sharyl Eskay, Malaysian Federal Court, 2015 - contract for "success fee" for securing infrastructure contract through influence-trading unenforceable as contrary to public policy

Pending ICC arbitration in relation to UK solar energy projects (2015)

Pending bondholder claim in Singapore High Court

Pending energy sector arbitration under KLRCA rules

Claim under Judgments Regulation for economic torts against EU Member State officials

A Lands Tribunal Arbitration (2009) - entitlement to interim payment

Poole & others v HM Treasury (CA) [2007] 2 CLC 727 - Francovich claim for failure to implement the First Non-Life Directive in the Lloyd's market

The Lloyd's litigation: Society of Lloyd's v Laws (CA) [2003] EWCA Civ 1887 - compatibility of immunity from suit for negligence with ECHR Article 6

The Lloyd's litigation: Society of Lloyd's v Jaffray (CA) [2002] All ER (D) 399 - claim for fraudulent misrepresentation

Mott v Environment Agency [2002] EWHC 914 (Comm) - appeal against arbitration award

Energy and Natural Resources

"Superb legal resource" Chambers & Partners

Wind energy: advised and appeared in numerous disputes covering marine plant and engineering, acoustic performance, supply chain disputes, allocation of consenting and funding risk, onshore and offshore grid connection, environmental and biodiversity impacts

Project litigation issues including the duty of the decision-maker to give adequate reasons for conclusions on expert evidence about technical issues; apparent bias or predetermination on part of decision-maker; application of EU and international environmental and biodiversity legislation; due diligence and liability for environmental damage 

Solar, hydrocarbon and Energy from Waste projects: advice and dispute resolution about consenting issues, carbon capture and storage, funding and supply chain disputes, design/engineering issues and professional negligence

Energy sector claims under bilateral and multilateral investment instruments 

Project funding disputes including bondholder/shareholder litigation

EU emissions trading scheme: regulatory and contract disputes about issue, sale and purchase of traded instruments

 

Cases

Powys County Council v. the Welsh Ministers and RES Developments (UK and Ireland) Ltd [2015] EWHC 3284 (Admin) - impact of devolution settlement on legal relevance of UK Government policies on renewable energy  consents

Pending ICC arbitration in relation to UK solar energy projects (2015)

Prospective claims under Energy Charter Treaty against EU Member States re petroleum and renewable energy interests (2015)

Pending energy sector arbitration under KLRCA rules (2015)

Mediation under OECD Guidelines for Multinational Enterprises re hydrocarbon exploration in environmentally sensitive location (2014)

Prospective institutional arbitration about project funding in the PRC (2014)

Wind Prospect Developments Ltd v. SSCLG [2014] EWHC 4041 (Admin) - duty to give reasons where decision-maker rejects professional opinion re impacts on onshore wind project

R (Hulme) v. West Devon BC and RES [2014] EWHC 3937 (Admin) - amplitude modulation of turbine noise emissions

Barnwell Manor Wind Energy Ltd v. English Heritage and others [2014] 1 P&CR 22, CA - onshore wind and heritage assets

R (RWE Npower Renewables Limited) v. Milton Keynes Council [2013] EWHC 751 (Admin) - lawfulness of separation distances for onshore wind

R (Manchester Ship Canal Co and another) v. Environment Agency [2013] JPL 1406, CA - canal flood defences

R (Walker) v. Secretary of State for Energy and Climate Change [2013] EWHC 2048 - approval of reactor type under Euratom Basic Safety Directive

RWE Npower Renewables Ltd v the Welsh Ministers (QBD) [2012] EWCA Civ 311 - impact of development on natural habitat

R. (Akester) v. DEFRA and Wightlink Ltd [2010] EWHC 232 (Admin), [2010] Env LR 33 Habitats - Directive and estuarine ferry services

Inquiry into South East Water’s Water Resources Management Plan (Defra, 2010)

Constitutional, public and human rights law

"His written opinions are very good, easy to read, and explained very well. He’s very much prepared to talk to you and deal with any queries" - Chambers & Partners

Litigation before regional international tribunals including the European Court of Human Rights 

High-profile judicial review and tribunal cases

Judicial review and regulatory proceedings in relation to commercial, environmental and civil liberties issues

Legislative drafting and advocacy including complete Bills, amendments to government legislation and Commission proposals.

Privacy and information security: civil claims and regulatory disputes involving misuse of confidential information, data protection, surveillance and interception.

 

Cases

Powys County Council v. the Welsh Ministers and RES Developments (UK and Ireland) Ltd [2015] EWHC 3284 (Admin) - impact of devolution settlement on legal relevance of UK Government policies on renewable energy  consents

R (RMT, TSSA and ASLEF) v. Secretary of State for Transport (2014) - rail franchising: consultation requirements and lawfulness of direct award

R (A) v. Chief Constable of C [2014] 1 WLR 2776 - vetting of police authority contractor

X Ltd - advising on EU procurement obligations of quasi-public dispute-resolution institution (2013)

Nolan Transport v. Secretary of State [2012] UKUT 221 (AAC) - EU road haulage services

R (C) v. Commissioner of Police for the Metropolis [2012] 1 WLR 3007 - retention of photographs

Wright v Vehicle and Operator Services Agency (QBD) [2011] R7R 35 - EU passenger transport regulation

R (Baird) v. Environment Agency [2011] EWHC 939 - coastal flood defences - consultation

Paton v. Poole Borough Council, 2010, IPT - directed surveillance by local authority

Liberty and others v UK (2008) 48 EHRR 1, ECtHR - ECHR Article 8 compatibility of former UK law on interception of external communications

R (Stone) v South East Coast Strategic Health Authority (QBD) [2006] EWHC 1668 (Admin) - publication of medical information as part of inquiry report

R (Jackson) v Attorney-General (HL) [2006] 1 AC 262 - validity of legislation enacted under Parliament Acts 1911-1949

Plümecke and others v. Germany, ECtHR (2005) - Ex-DDR expropriation claims

R (West) v Society of Lloyd’s (CA) [2004] EWCA Civ 506 - regulator’s amenability to judicial review

R (Alconbury Developments) v SSETR  (HL) [2001] 2 WLR 1389 - lawfulness of ministerial decision-making

R v Director of Public Prosecutions ex parte Kebilene (HL) [1999] 3 WLR 972 - retrospective effect of Human Rights Act 1998

Numerous instructions on UK and European legislative proposals affecting the energy, natural resources and communications sectors including the EU Data Protection package 2012-2014, UK Energy Acts 2008/2013, UK Localism Act 2011.

EU and competition law

"He's extremely approachable and is willing to discuss matters with the client." Chambers & Partners

Competition/anti-trust, service concession and pricing issues in the energy, utilities and legal services sectors

Public service contracts, procurement and State aid in the maritime and rail transport seectors

Cross-border claims under the Judgments Regulation and Lugano Convention including claims by and against parties domiciled in European offshore jurisdictions

Bringing and defending damages claims against regulatory bodies for failure to implement EU and international obligations in financial services and other sectors

Cross-border carriage of goods: scope of EU operators' rights; operator obligations in relation to competition and road safety

Advising national authorities on legislative arrangements for implementing EU requirements in regulated markets including energy and financial services

EU and international law on habitats and biodiversity protection

EU waste and groundwater law

 

Cases

Scottish island ferry services: advising on procurement and State aid issues (2015)

R (RMT, TSSA and ASLEF) v. Secretary of State for Transport (2014) - rail franchising:

Compatibility of of direct award with the 2007 EU Rail Regulation

Claim under Judgments Regulation for economic torts against EU Member State officials (2014)

X Ltd - advising on EU procurement obligations of quasi-public dispute-resolution institution (2013)

Y Ltd - compatibility of hazardous waste proposals with EU landfill and groundwater legislation (2012)

Nolan Transport v. Secretary of State [2012] UKUT 221 (AAC) - EU road haulage services

Wright v Vehicle and Operator Services Agency (QBD) [2011] R7R 35 - EU passenger transport regulation

Poole & others v HM Treasury (CA) [2007] 2 CLC 727 - Francovich claim for failure to implement the First Non-Life Directive in the Lloyd's market

R (Stone) v South East Coast Strategic Health Authority (QBD) [2006] EWHC 1668 (Admin) - Data Protection Directive issues concerning publication of medical information as part of inquiry report

Public International Law

Litigation before regional international tribunals including the European Court of Human Rights 

High-profile judicial review and tribunal cases

Investment treaty arbitration: energy sector claims under bilateral and multilateral treaties including the Energy Charter Treaty 

Cases

Prospective claims under Energy Charter Treaty against EU Member States re petroleum and renewable energy interests (2015) 

S. and  Marper v. UK (2008) 48 EHRR 1169, ECtHR (GC): acting for intervener I proceedings re. Article 8 compatibility of English law on retention of DNA data of arrested persons

Liberty and others v UK (2008) 48 EHRR 1, ECtHR - retention of DNA data

Plümecke and others v. Germany, ECtHR (2005) - Ex-DDR expropriation claims

Education and Career: 

Admitted as a solicitor: 1987
Law Society Scott Scholarship 1985
Leeds University - LL.B. First Class Honours, Hughes Prizeman1984

Publications: 

Introduction to Investment Treaty Arbitration: presentation to Singapore Institute of Arbitrators, 2014

Turbines, heritage assets and merits: a change in the wind, Lexology, 2014

Renewable Energy and ADR: presentation to Chartered Institute of Arbitrators, London, 2014

The Habitats Directive: regeneration and development risks (Brownfield Briefing, 2014)

Contributor to Burnett-Hall & Jones Environmental Law (3rd ed, 2012)

Panellist at IBA Annual Conference 2013 Environment Committee session on disputes about consents for renewable energy projects

Lexology December 2012 - "Combined Sewage Overflows: the UK in deep water at Luxembourg"

"Levelling up: Data Privacy and the European Court of Human Rights" in Data Protection in a Profiled World, Gutwirth et al, Springer 2010

 

Appointments and Society Memberships: 

Memberships

  • FCIArb
  • Diploma in International Arbitration (CIArb)
  • CEDR Accredited Mediator
  • ICCA
  • LCIA
  • IBA
  • COMBAR
  • European Circuit of the Bar
  • London Common Law and Commercial Bar Association
  • UK State Aid Lawyers Association

 

Appointments 

  • Member of the Attorney-General’s 'A' and 'B' panels of civil advocates 2003-2010
  • Leader of the European Circuit of the Bar of England and Wales 2012 to 2014
  • Chair, Bar Council EU Law Committee, 2015.