Monckton Chambers

Ewan has a wide-ranging and well-established practice spanning all of Chambers’ main areas of activity, including public procurement, competition, VAT and excise law, EU law and EU relations law, regulatory law (especially telecommunications and utilities), information rights, claims management regulation and public law generally. He also practises in general commercial law and sports law.

He has one of the most extensive procurement law practices at the junior Bar for which he has received widespread recognition as a highly effective and user-friendly advocate, acting for both claimants and defendants (and appearing both led and unled).  Ewan has appeared in many of the leading cases of the past few years including the first claim seeking a declaration of ineffectiveness, the first claim under the Concession Contracts Regulations 2016, and numerous claims involving automatic suspensions and other injunctive relief. He has particular experience of dealing with the protection of confidential information and disclosure (including applications for specific disclosure) in the context of procurement disputes.

He is currently instructed on a large number of claims involving urgent procurements undertaken during the COVID-19 pandemic, brought both as commercial claims and by way of judicial review, in relation to the supply of Personal Protective Equipment (PPE) and well as other services.

As a competition law practitioner, he has appeared in several high profile cases, including in relation to anticompetitive conduct, abuse of a dominant position and in challenges to competition regulatory decisions.  He was instructed on the first fast track claim to be brought before the Competition Appeal Tribunal.  He has a particularly extensive knowledge of the law of state aid and subsidy and its practical application. Ewan has recently acted for the Competition and Markets Authority in relation to the SSE code modifications appeal.

In relation VAT, he has appeared in the leading case on hot takeaway food (and several consequential appeals) and has recently dealt with cases involving abuse of rights and various exemptions, including those relating to sport and health.  He also has an active excise law practice.

Ewan’s focus on public procurement, competition and VAT are combined with a wider experience of EU law generally, including in particular the free movement Treaty provisions.  More recently, he has been involved in dealing in various contexts with the implications of the UK’s departure from the EU and with EU relations law, including in relation to the workings of the Trade and Co-operation Agreement and the Northern Ireland Protocol.

Ewan’s commercial law activities bring together many other elements of his practice, including competition and procurement law.  He has a particular focus on contractual disputes (in particular arising out of long-term arrangements), contractual variations, injunctive relief and protection of confidentiality.

As a public law practitioner, Ewan’s cases include challenges to a determination of ordinary residence under the National Assistance Act 1948, an assessment of liability to care home fees under the National Assistance (Assessment of Resources) Regulations 1992 and an appeal of a decision of the Pensions Ombudsman as well as acting for the interested party in a judicial review of the Government’s disposal of the Green Investment Bank. He also represented HMRC in a successful defence to a judicial review against the operation of the UK-Swiss tax co-operation treaty. Most recently, he has been involved in defending a number of claims arising out of the Government’s response to the COVID-19 pandemic, including in relation to the vaccination programme, restrictions on public behaviour and provision of information concerning shielding.

Ewan also has a very active freedom of information practice, including cases which have a commercial aspect, in which he has acted for the Information Commissioner, public authorities and other parties. He has represented the Claims Management Regulator (and more recently the Financial Conduct Authority) in appeals under the Compensation Act 2006.

Ewan has a growing education law practice. He has a particular interest in admissions appeals, examination appeals, provision for special educational needs (including SEND appeals) and contractual disputes relating to educational provision.

Ewan has appeared in the Supreme Court, Court of Appeal, High Court, Competition Appeal Tribunal, the Upper Tribunal (Tax and Chancery Chamber), the First-tier Tribunal (Tax Chamber), First-tier Tribunal (Information Rights), First-tier Tribunal (Claims Management Regulation) ), First-tier Tribunal (Special Educational Needs and Disability) and before a large number of regulatory bodies including the Football Association Appeal Board, the Football Disciplinary Commission of the Football League, the Disciplinary Committee of the Six Nations Internationals and the Disciplinary Committee of the Greyhound Board of Great Britain.

Ewan undertakes a wide range of advisory work in all areas of practice.  He particularly relishes the challenge of finding solutions which do not involve recourse to litigation or mitigate its consequences.  He has worked for a number of regulatory authorities and has a sound technical and practical understanding of economic and financial analysis (he holds an MBA from Cranfield University).

Ewan was called to the Irish Bar in 2019.

Ewan is a CEDR accredited mediator.

Qualified 2006, Lincoln’s Inn; offered tenancy in 2007 after successful pupillage at Monckton Chambers.

Before coming to the Bar, Ewan was a Senior Civil Servant in the Department for Transport and its predecessors. In his Civil Service career he was involved with a number of high profile projects, including railway privatisation, the London Underground PPP and Crossrail, developing a particular expertise in dealing with matters at the interface of the public and private sector, including regulatory compliance and state aid. As well having dealt with both the development of Government policy and its implementation through both primary and secondary legislation (including working as Private Secretary to a Minster of State), Ewan had extensive hands-on experience of running public procurements and implementing the requirements of the Freedom of Information Act.

Regular speaker at seminars and training events.

Ewan speaks German and has a good reading knowledge of several European languages including French and Italian.

Ewan is a member of the Attorney General’s Panel of Counsel (A Panel).  He is authorised to accept instructions on a public access basis. He also acts as an advocacy tutor for Lincoln’s Inn. He is a committee member of the Procurement Lawyers’ Association.

Oxford University (1978-81, MA DPhil); Cranfield University (1997-98, MBA); University of London (external); (2002-05, LLB); College of Law (GDL); BPP Law School (BVC).

Classical music; long distance running.