Derek Sutton
Joint Senior Clerk
+44 (0) 207 822 7327
Brian is widely regarded as one of the leading advocates in the fields of competition law, EU law, public and regulatory law and sanctions law. He also practices from the Law Library in Dublin where he was appointed Senior Counsel in 2020. He won the Legal 500 Competition Silk of the Year award in 2026. Brian was one of the 12 barristers named in The Lawyer’s “Hot 100” in 2024 and in the Business Post Legal 100 list in 2026. In 2017 Brian was appointed as Special Adviser to the House of Commons Treasury Select Committee to advise on Brexit issues. He has acted in over 80 cases before the CJEU and General Court in a broad range of competition, regulatory and sanctions matters. Brian’s international practice includes cases in Hong Kong, Singapore, Cayman and the BVI.
He is a leading advocate in private competition damages actions, including collective proceedings. Brian has appeared in and advised on many of the principal cases since the creation of the UK competition regime. He has extensive trial experience in this area (including Interchange and Kent v Apple) and is currently instructed for forthcoming trials by Microsoft, Valve, Visa and VodafoneThree.
Brian is a mergers and market investigations specialist and has acted in the most important recent cases. In the courts: Microsoft v CMA (for Activision), Motorola v CMA, VW v CMA, Cérélia v CMA, Ecolab v CMA, CK Hutchison v Commission, Visa v Payment Systems Regulator, JD Sports v CMA. Before the CMA/Commission: nexfibre/Substantial, Daily Mail/Telegraph Media Group, Vodafone/CK Hutchison, Microsoft/Inflection, Adobe/Figma, Airwave/Motorola, Kpler/Spire Global, Hitachi/Thales, Cargotec/Konecranes, Facebook/Kustomer, viagogo/StubHub, and Bouygues/Equans. He has advised in relation to over 50 mergers investigations in the UK and in the EU.
Brian has particular expertise in the regulation of digital markets and on-line platforms. He has advised Apple and Microsoft in relation to the DMCCA and OpenAI in relation to the Online Safety Act. Brian has acted for the Irish regulator under the Digital Services Act Coimisiún na Meán in its inquiry concerning TikTok Europe and Bytedance. Brian is acting for Meta in its challenge to the EU Commission’s order requiring free access to WhatsApp for rival general-purpose AI assistants.
In the area of sanctions, Brian is one of the leading specialists in the EU. He has acted for over 50 designated persons and entities and advised Governments, banks and corporates on compliance and restructuring issues. In the EU, Brian has acted in many of the leading cases (Mubarak v Council, Yanukovych v Council) for numerous successful applicants. In the UK, Brian is acting in the Usmanov and Gutseriev cases and for the Bank of England in several sanctions matters including the Venezulan gold case. He has acted in numerous international arbitrations concerning sanctions.
In EU law, Brian has acted in major constitutional cases before the CJEU such as C-533/24 Vermilion Energy Ireland concerning the direct tax powers of the EU, C-700/20 London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain concerning the relationship between arbitration and EU law, C-911/19 Fédération bancaire française concerning the rule-making powers of the European Banking Authority and Case T-510/17 Del Valle Ruiz v Commission and SRB concerning the powers of the Commission to wind up banks under the post-financial crisis regime. He advised Shell in relation to the climate-change Milieudefensie litigation in the Netherlands in 2026 and UBS in relation to its appeal against a €4.5 billion penalty imposed by the French tax authorities, resolved in 2025. He has acted in many of the leading cases concerning the role of EU law in the UK post-Brexit e.g. Dieselgate.
In telecommunications, Brian has acted in many of the most significant cases in the UK, including the challenge to the licence fees in Vodafone v Ofcom and to the terms of the 5G spectrum auction in Hutchison 3G UK v Ofcom. Brian also acted for Three in its challenge to the terms of the 5G spectrum auction in Ireland. He had advised VodafoneThree in relation to compliance with post-merger commitments. Brian appeared for Motorola in its challenge to the CMA’s charging decisions for the Airwave network and acts for VodafoneThree in defending its pricing terms in the Gutmann collective proceeding. He is acting for the parties in the nexfibre/Substantial merger concerning the wholesale supply of fixed broadband services.
Prior to taking silk, Brian was on the Attorney General's 'A' Panel of Counsel to the Crown.
Brian is recognised as a leading silk in the latest editions of both the leading legal directories, Chambers UK and Legal 500, for his expertise in competition, European law, sanctions, aviation and telecommunications.
Brian is widely regarded as one of the leading competition law advocates. In 2026, Brian won the Legal 500 Competition Silk of the Year. Brian is Star ranked in the Chambers & Partners directory for Competition law.
Damages actions. Brian has appeared in and advised on most of the principal cases since the creation of the UK competition regime. He has extensive trial experience in this area (including Interchange and Kent v Apple) and is currently instructed for forthcoming trials by Microsoft, Valve, Visa and VodafoneThree.
Mergers and market investigations. Brian has acted in the most important recent cases such as Microsoft v CMA (for Activision), Motorola v CMA, Cérélia v CMA, Ecolab v CMA, CK Hutchison v Commission and JD Sports v CMA. He has advised in relation to over 50 mergers investigations in the UK and in the EU, including nexfibre/Substantial, Daily Mail/Telegraph Media Group, Vodafone/CK Hutchison, Microsoft/Inflection, Adobe/Figma, Airwave/Motorola, Hitachi/Thales, Cargotec/Konecranes, Facebook/Kustomer, viagogo/StubHub and Bouygues/Equans.
Digital markets and on-line platforms. Brian has particular expertise in the regulation of digital markets and on-line platforms, particularly in relation to the Digital Markets Act. He has advised Apple and Microsoft in relation to the DMCCA and OpenAI in relation to the Online Safety Act. Brian acted for the Irish regulator CnaM under the Digital Services Act in its inquiry concerning TikTok Europe and Bytedance. He has advised extensively on the relationship between GDPR and DMA/DSA compliance.
Infringement appeals. Brian has appeared in many of the significant recent challenges to antitrust decisions before the EU and UK courts. Brian is acting for Meta in its challenge to the EU Commission’s order requiring free access to WhatsApp for rival general-purpose AI assistants. He appeared in the Liothyronine litigation in the UK and the “Pay for Delay” pharma cases in the ECJ. Brian acted for the EU Commission in Deutsche Bahn v Commission and Masco v Commission. He has acted in a large number of Commission and CMA antitrust investigations including Advanced Facilities Construction, UK Government Bonds, Euro-Dominated Bonds and Foreign Exchange.
“Brian is simply outstanding. He is a go-to silk for big-ticket competition cases and a real pleasure to work with.”
Chambers and Partners, 2027
“Brian is a trusted senior barrister. He commands respect and is extremely well-trusted amongst his peers and the competition litigation community. He provides valuable strategic advice in a calm and measured way, and he is very popular with clients.”
Chambers and Partners, 2027
“Brian is the go-to advocate for heavy-duty competition or merger-related litigation. He combines an encyclopedic knowledge of the law with a persuasive advocacy style and, on top of that, is a real joy to work with.”
Chambers and Partners, 2027
“Brian is our go-to counsel when the stakes are high and we need top-tier strategic advice. Brian is at the top of his game in giving practical, client-centric, and strategic counsel on complex issues.”
Legal 500, 2027
“Brian is one of the pre-eminent silks doing competition work. He is one of the best in the field.”
Chambers and Partners, 2026
“Brian has emerged as one of the stars of the competition Bar. He is always well prepared and extremely hard-working. His advocacy is always spot on, and delivered with charm.”
Chambers and Partners, 2026
“Brian is simply one of the best barristers I have ever had the pleasure to work with. His expertise and ability to see a way through the most complex of issues is outstanding.”
Chambers and Partners, 2026
“He's just an absolutely magical advocate. In that top slice at the Bar, it's very rare that you get someone like that who just naturally fits into the wider team and client dynamic.”
Chambers and Partners, 2026
“Brian is just an absolutely magical advocate. He is absolutely brilliant to work with and an incredible team player. He has extreme command of his subject area and amazing judgement.”
Chambers and Partners, 2026
“Brian is a top advocate. He balances brilliant advocacy with tremendous client service.”
Legal 500, 2026
“Brian is right at the top of the competition Bar. He is a tremendous advocate who combines for precision, authority and charm brilliantly. He is the most client-friendly silk in this area.”
Legal 500, 2025
“He is phenomenally hard-working and accessible. He is a tremendous advocate, charming and has a very smooth style.”
Chambers and Partners, 2025
“He is completely unflappable in court, unfazed by the opposition and able to demonstrate a calm demeanour. He is very polished.”
Chambers and Partners, 2025
“He is extremely pragmatic, strategic and has great client skills.”
Chambers and Partners, 2025
“He is just brilliant and he is the loveliest person to deal with, so when you have that combination, it's fantastic.”
Chambers and Partners, 2025
“He is an incredibly smooth advocate and he is able to articulate complex points in a way that is clear and has gravitas.”
Chambers and Partners, 2025
“He is responsive and explains complex issues in a clear and concise manner; his in-depth knowledge of his client’s business ensures that he provides holistic and strategic advice.”
Legal 500, 2023
“Brian is clearly a leader in his field, perfectly in tune with market developments and consistently evidences an ability to think laterally.”
Legal 500, 2023
Brian is acting for the defendants in these hundreds of cases claiming damages in respect of allegedly anti-competitive interchange fees. The litigation has been running since 2015 and has given rise to a number of landmark judgments.
Brian is acting for Scania in opposing collective proceedings on behalf of direct purchasers of haulage services arising from the Trucks EC infringement decision.
Brian is acting for Apple in its appeal against the CAT’s finding of an abuse of dominance regarding the App Store.
Brian is acting for Microsoft in its defence against allegations of abuse of dominance concerning the terms on which it offers cloud computing services.
Brian is acting for Apple in resisting certification of a claim alleging abuse of dominance in the terms on which Apple offers Apple Pay services.
Brian is acting for the major games company Valve in defending allegations of abuse of dominance by the platform Steam.
Brian acted for the successful defendant (the supplier of about a third of global orange juice) in defeating allegations of major orange juice cartel in Brazil.
Brian is acting for VodafoneThree in defending against allegations that its pricing was an abuse of a collective dominant position.
Brian acted for Motorola in resisting claims that its pricing of the Airwave network to the Home Office and other customers was an abuse of a dominant position.
Brian acted for the cryptocurrency exchange Binance in its successful strike out of a part of the cartel claim worth £9 billion.
Brian acted for the defendants in successfully resisting jurisdiction in respect of this claim seeking cartel damages in respect of thermal system components.
Brian acted for Motorola in its challenge to the CMA’s market investigation regarding the Airwave network, a communications network for emergency services.
Brian acted for UBS in this multi-billion dollar damages claim arising out of the alleged USD LIBOR cartel.
Brian acted for the bank defendants in this leading case on the test for collective proceedings and the admissibility of regulatory decisions.
Brian acted for the applicant in this challenge to the CMA’s prohibition of Cérélia’s acquisition of Jus-Rol.
Brian acted for Activision in this landmark acquisition for $69 billion, the largest gaming industry merger in history. Following agreed adjustments, the merger was cleared by the CMA.
Brian acted for the applicant in this case which is widely regarded as the most significant in this area in the EU for over 10 years. It determined the approach to mergers involving non-coordinated effects in oligopolistic markets.
Brian acted for VW in this major Commercial Court and CAT damages action arising from the global Ro-Ro Shipping cartel.
Brian acted for the appellants in their challenge to an excessive pricing finding by the CMA in respect of Liothyronine.
Brian acted for VW in this leading case on the powers of the CMA to compel the production of information from non-UK entities accused of anti-trust breaches.
Brian acted for the airline in resisting an allegation of abuse of dominance relating to its control of its own flight information.
Brian acted for UBS in this multi-billion dollar damages claim in the Commercial Court arising from alleged anti-competitive conduct concerning FX spot trading.
Brian acted for Apple in resisting an allegation of abuse of dominance regarding alleged failures in mobile batteries and software.
Brian acted for the successful appellant in persuading the CAT that the CMA had acted irrationally in finding an SLC.
Brian acted for the appellant in this important case concerning the standard of review applied by the CAT in testing an SLC finding by the CMA.
Brian acted for the generic pharmaceutical manufacturer in this “pay for delay” case.
In the CJEU, Brian has acted in over 30 preliminary references concerning a wide range of EU law issues including in recent years major constitutional cases such as C-533/24 Vermilion Energy Ireland concerning the direct tax powers of the EU, C-700/20 London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain concerning the relationship between arbitration and EU law, C-911/19 Fédération bancaire française concerning the rule-making powers of the European Banking Authority and Case T-510/17 Del Valle Ruiz v Commission and SRB concerning the powers of the Commission to wind up banks under the post-financial crisis regime.
He advised Shell in relation to the climate-change Milieudefensie litigation in the Netherlands in 2026 and UBS in relation to its appeal against a €4.5 billion penalty imposed by the French tax authorities, resolved in 2025. He has acted in many of the leading cases concerning the role of EU law in the UK post-Brexit e.g. Dieselgate.
Brian’s cases in the CJEU extend to free movement of persons (St Prix, NA, Alarape), rights of children (SM), family rights (Banger), social security (Tolley, Garcia-Nieto), financial services (Khorassani, Robeco Hollands Bexit, Profit Investment SIM, Banif Plus Bank), advertising regulation (Philip Morris) and jurisdiction and judgments (Alpha Bank, Gazprom, Meroni).
In the EU courts, Brian has represented the EU Commission (Sanitec, Keramag), the European Banking Authority (Fédération bancaire française), the UK Government and private parties. Brian has advised the Commission, the EBA and the European Securities and Markets Authority.
In the Irish courts, Brian has acted in a number of important cases concerning EU law include Bytedance Ltd v Coimisiun na Mean [2026] IEHC 196, Ryan v Data Protection Commission [2023] IEHC 511 and Three Ireland (Hutchison) Ltd v ComReg [2022] IECA 300
“Brian is incredible; he's one of the standouts at the European public law bar.”
Chambers and Partners, 2027
“He brings international law angles to the issues which overlaps with his European law expertise. He's very thoughtful and precise, and very nice to work with.”
Chambers and Partners, 2027
“Brian is one of the real leading silks in the space, he is really creative and willing to come up with creative arguments. He is really skilled on his feet, he has a manner that judges really like.”
Chambers and Partners, 2026
“He just eats and drinks competition and EU work, both domestically and in the CJEU.”
Chambers and Partners, 2026
“Brian has extensive knowledge of EU law and he's an excellent advocate as well. He has an excellent approach to advocacy, he has very good powers of persuasion in his structuring of arguments.”
Chambers and Partners, 2026
“Brian is simply outstanding. He handles extremely complex and sophisticated matters and can analyse vast amounts of materials to cut through to the relevant issues in a clear and succinct manner.”
Chambers and Partners, 2026
“Brian is an excellent advocate with clear strategic thinking about how to approach long-running and complex litigation.”
Chambers and Partners, 2026
“Brian is a star. He is a highly experienced and effective advocate, including before the European Courts of Justice. His advocacy is clear, logical and persuasive.”
Legal 500, 2025
“Brian Kennelly KC is second to none in terms of advising on complex and sophisticated EU law matters.”
Chambers and Partners, 2025
“Brian Kennelly KC is a reassuring presence; he has an unparalleled ability to distil the key issues and respond systematically.”
Chambers and Partners, 2025
“He is an absolute star - he is very pragmatic, sensible and great on his feet in court.”
Chambers and Partners, 2025
Brian acts for the applicants in this major legal challenge to the EU’s windfall tax imposed on fossil fuel and energy companies during the peak of the post-Ukraine-invasion energy crisis.
Brian advised Shell in relation to the EU law aspects of the Milieudefensie climate-change litigation in the Netherlands, before the Court of Appeal and Supreme Court.
Brian has acted for VW in this long-running case which centres on the interpretation of EU law post-Brexit. It culminated in a decisive victory regarding the alleged defeat devices in [2026] EWHC 1753 (KB).
Brian acted for a major European on-line provider of games of chance in its representations to the CJEU on the recognition of judgments which violate public policy.
Brian acted for VW in this case which concerned the binding effect of German Federal Motor Transport Authority (Kraftfahrt-Bundesamt) decisions regarding breaches of the EU Emissions Regulation.
Brian acted for the DPC in this landmark case where the General Court clarified the relationship between national lead authorities and the EDPB under the GDPR.
Brian is acting for the regulator in this important case against the parent company of TikTok which concerns the jurisdiction of national authorities under the EU Digital Services Act to seek information from entities outside the EU.
Brian acted for the airline in this successful challenge to representative proceedings alleging breaches of EU Regulation 261/2004.
Brian acted for the airline in this case which addressed the test under EU law and Regulation 261/2004 for when airline employees taking strike action can constitute “extraordinary circumstances”.
Brian acted for the UK in this case dealing with whether arbitration proceedings can block the recognition of a judgment ordering an insurer to pay compensation for the damage caused by an oil spill: [2023] 1 CMLR 5.
Brian acted for the European Banking Authority in this leading case which confirmed the powers of the EBA to regulate retail banking products in the EU.
Brian acted for the airline in this leading case regarding alleged hidden fees in booking flights and the interpretation of EU Regulation 1008/2008.
Brian acted for the successful defendant in this sanctions case which concerned the circumstances in which a debtor can refuse to pay for fear of US secondary sanctions.
Brian acted for the UK in this major case concerning the status of children brought into the EU under kefala arrangements and whether they should be treated as equivalent to children adopted under domestic law.
Brian acted for the creditors in this important case concerning the powers of the Single Resolution Board and the EU Commission to wind up EU banks.
Brian acted for the UK in this reference from the Upper Tribunal concerning EU citizenship and residence rights for unmarried couples where one party is a third country national.
Brian acted for ESMA in its significant intervention restricting these products for retail investors in the EU. This was the first time these powers had been used.
Brian acted for an intervener (the AIRE Centre) in this successful challenge to the policy of deporting homeless EU citizens who were exercising their free movement rights.
Brian acted for the GFSC concerning the interpretation of Solvency II, and minimum capital requirement rules for insurers.
Brian acted for Imperial Tobacco in its challenge to the plain packs legislation. This major case, which led to one of the leading judgments in regulatory judicial review, concerned common law and ECHR property rights, EU free movement and trade mark law as well procedural fairness.
Brian is a leading public and regulatory lawyer. He is an expert in the interaction between domestic public law, EU law and human rights particularly in economic regulation. He has appeared in many leading regulatory public law cases in the Administrative Court and the Competition Appeal Tribunal including R(BMW AG) v CMA, R(Mastercard Europe SA) v Payment Systems Regulator, R (Star China Media Ltd) v Ofcom and R(Autonomous Non-Profit Organisation TV-Novosti) v Ofcom.
Brian has advised and acted for the UK Government in wide range of public law cases before the Court of Appeal, the Supreme Court and the CJEU covering immigration and EU citizenship issues. Brian has also advised tribunals and government agencies on public law issues in Ireland, the Virgin Islands, Hong Kong and the Cayman Islands.
“Brian is an extremely bright and strong advocate.”
Chambers and Partners, 2021
“Produces very clear advocacy in a very concise manner.”
Chambers and Partners, 2019
“Absolutely brilliant, he alerts you to the technical points and advises on when to take them.”
Chambers and Partners, 2019
“He remains incredibly calm under pressure and delivers the highest quality work.”
legal 500, 2018
“He is extremely bright and a strong advocate.”
Chambers and Partners, 2018
“A combination of vast technical knowledge and endless charm.”
Legal 500, 2017
“Very impressive in court, he does a good job on hard-to-win cases.”
Chambers and Partners, 2016
“He is bright, a great advocate and excellent to work with.”
Chambers and Partners, 2016
“A class act, who knows the law backwards.”
Legal 500, 2016
Brian acted for Motorola in this judicial review challenge to the CMA’s findings regarding the pricing of the Airwave network, which addressed the intensity of review appropriate to economic regulation.
Brian acted for the applicant in this judicial review challenge, which addressed important questions of procedural fairness and the CMA’s duty to make reasonable enquiries.
Brian acted for VW in this appeal from two joined judicial reviews concerning the jurisdiction of the CMA to seek information from entities outside the UK.
Brian is acting in the Court of Appeal for Visa and Revolut in their judicial review challenges to the PSR’s price caps on cross-border interchange fees.
Brian acted for Ofcom in successfully resisting a judicial review under Article 10 ECHR of penalties imposed on the former broadcast licence-holder of the China Global Television Network (CGTN) for breach of impartiality rules.
Brian acted for Ofcom in successfully resisting a judicial review under Article 10 ECHR brought by a member of the Irish Republican Socialist Party who wished to continue to view Russia Today broadcasts.
Brian acted for the applicant in this major judicial review of the terms of the Irish 5G spectrum auction on the basis that it violated the EU law requirements.
Brian acted for Ofcom in this root-and-branch challenge by RT (the Russian state-owned broadcaster) to Ofcom’s broadcast impartiality regime. The Divisional Court rejected RT’s judicial review challenge of Ofcom’s decisions.
Brian acted for the successful appellant in its judicial review of the CMA’s SLC finding in JD Sports’ acquisition of Footasylum.
Brian acted for the appellant in this judicial review which was leading case concerning the standard of review applied by the CAT in testing an SLC finding by the CMA.
Brian acted for the UK in this reference concerning EU citizenship and residence rights for unmarried couples where one party is a third country national.
Brian acted for the UK in this major Supreme Court and CJEU case concerning the status of children brought into the EU under kefala arrangements and whether they should be treated as equivalent to children adopted under domestic law.
Brian acted for an intervener (the AIRE Centre) in this successful challenge to the policy of deporting homeless EU citizens who were exercising their free movement rights.
Brian acted for the Home Office in this important case concerning the proper appeal route for non-core family members of EU citizens who are third country nationals seeking to establish derived residence rights.
Brian acted for Imperial Tobacco in its challenge to the plain packs legislation. This major case, which led to one of the leading judgments in regulatory judicial review, concerned common law and ECHR property rights, EU free movement and trade mark law as well procedural fairness.
Brian acted for the SSHD in these appeals (and before the CJEU) relating to the scope of protection for non-EEA abandoned divorcees under the Citizenship Directive, and derived rights by virtue of their children’s EU citizenship rights and right to continued education in the host Member State.
Brian acted for the applicant in this leading sanctions case on the basis for calculating, under domestic OFSI licences, legal expenses for foreign proceedings.
Brian acted for the claimant in this challenge to the new remote gambling taxation, which engaged the EU freedom to provide services.
Brian acted for the UK in this important and politically significant case concerning the extent to which a Member State can limit social assistance to EEA nationals in the first three months of residence in that Member State, including jobseekers.
Brian is one of the leading specialists in the EU. He has acted for over 50 designated persons and entities and advised Governments, banks and corporates on compliance and restructuring issues. In the EU, Brian has acted in many of the leading cases (Mubarak v Council, Yanukovych v Council) for numerous successful applicants. In the UK, Brian is acting in the Usmanov and Gutseriev cases and for the Bank of England in several sanctions matters including the Venezulan gold case. He has acted in numerous international arbitrations concerning sanctions. Brian is a member of the Bar Council Working Group on Sanctions.
“Brian is one of the most outstanding barristers I have ever worked with.”
Chambers and Partners, 2027
“Brian’s advocacy is really class. He is a combination of highly persuasive and gently reassuring. It was hugely effective for us. He has a very affable manner with clients, too.”
Chambers and Partners, 2027
“He's our firm's preferred KC for anything of real note and is broadly viewed as the foremost expert in the UK on sanctions matters. Brian is a fantastic lawyer and person who is very, very skilled.”
Chambers and Partners, 2027
“Highly intelligent, articulate, and clear-thinking. Excellent communicator and innovative thinker.”
Legal 500, 2027
“Brian is an outstanding silk for sanctions matters. He is a brilliant advocate with an assured and reassuring client manner. He is go-to barrister for all things sanctions-related.”
Chambers and Partners, 2026
“Brian Kennelly KC is an EU law expert. He is an extremely nice guy and extraordinarily clever. He is fantastic.”
Chambers and Partners, 2026
“Brian is a very technical lawyer. His advice is clear and thoughtful. He gets into the weeds and is a very capable, solid lawyer.”
Chambers and Partners, 2026
“Brian is very user-friendly and good with clients.”
Chambers and Partners, 2026
“Brian is very user friendly, articulate and engaging in his advocacy. He is very much in demand.”
Legal 500, 2026
“Brian is one of the leading sanctions lawyers in Europe. He's incredibly clever, low-key and very responsive.”
Chambers and Partners, 2025
“Brian is just immense. He will go into battle with you. His clients are visibly relaxed when he gives them advice. He's always available and always level-headed.”
Chambers and Partners, 2025
“Brian understands what clients want to achieve straight away, and brings to his commercial analysis a really strong practical understanding of how sanctions law and public law operates.”
Chambers and Partners, 2025
“Brian is brilliant in court and down to earth. He's an excellent member and leader of the team.”
Chambers and Partners, 2025
“Brian has an excellent bedside manner.”
Legal 500, 2025
“He is strong, collaborative and systematic in his approach. He can read the court well, his advice is clear and the client had high regard for him.”
Chambers and Partners, 2022
“He was absolutely first-rate: really very good and extremely clever, and just wonderful to work with.”
Chambers and Partners, 2021
“He is first-rate - very cool and calm in contentious issues and really persuasive.”
Chambers and Partners, 2019
“He is very good at thinking strategically, great at explaining the law clearly to clients”
Chambers and Partners, 2018
“He is good at dealing with clients and sorting the wheat from the chaff.”
Chambers and Partners, 2017
“He knows how to get to the nub of the matter as quickly as possible”
Chambers and Partners, 2017
Brian acts for the applicant in this important case which concerns the extent to which the Council can designate an insolvent entity controlled by liquidators.
Brian acts for the applicant in a case where the Council has designated him under the Russia regime having failed to justify his inclusion under the Belarus regime on the same evidence.
Brian acted for the successful applicant in securing his removal from the Belarus sanctions list because of the Council’s manifest errors of appreciation.
Brian acted for the individual who succeeded in securing his removal from the EU Russia sanctions list; the evidence in question having been refuted by the courts of a Member State.
Brian acted for the former president of Ukraine in his challenges to sanctions on the basis of a lack of evidence of any control over current Russian policy.
Brian acted for the son of the former president of Ukraine in his challenges to sanctions on the basis of a lack of evidence of any misappropriation of state funds.
Brian acted for the custodian where a company wishing to redeem loan notes held by a sanctioned Russian bank was permitted to pay into court so that the bank could apply for the release of the money once sanctions were lifted.
Brian is acting for the Bank of England in this long-running case concerning the proper control of the Central Bank of Venezuela and ownership of its gold held in the UK
Brian acts for this major international company and was instrumental in ensuring that it was not frozen when a number of its ultimate beneficial owners were threatened with sanctions in 2022.
Brian has advised this major international company in relation to sanctions compliance in a number of long-running matters.
Brian acted for the successful defendant in this sanctions case which concerned the circumstances in which a debtor can refuse to pay for fear of US secondary sanctions.
Brian acted for the former president of Egypt in his challenge to sanctions on the basis of lack of evidence and procedural unfairness, since the underlying national proceedings breached Articles 6 & 7 ECHR.
Brian acted for the sons of the former president of Egypt and their wives in challenging the EU sanctions imposed on the basis of alleged crimes in Egypt on the basis of lack of evidence and the fact that the Egyptian courts had dismissed the allegations.
Brian acted for the wife of the former president of Egypt in challenging EU sanctions imposed on the basis of alleged crimes in Egypt, notwithstanding that no evidence has been supplied to the Council.
Brian acted for the applicant, a former Ukrainian politician, in successfully overturning EU sanctions on the ground of lack of evidence. It was demonstrated that the EU had no evidence that the applicant had misappropriated State assets as alleged.
Brian acted for the plaintiff in this major trial and appeal in the Cayman Islands concerning the interpretation of UN Libyan sanctions, the proper control of frozen Libyan state funds and claims of circumvention.
Brian acted for Mr Ezz and his wives subject to EU sanctions arising from alleged crimes in Egypt contrary to the UN Convention against Corruption.
Brian acted for the former Chief of Staff of the former Ukrainian President in challenging EU sanctions alleging misappropriation and corruption, on the grounds of breach of human rights and lack of evidence.
Brian secured the de-listing of a Ukrainian businessman and former politician who had been subjected to sanctions on the grounds of alleged illegal conduct and corruption within the former administration.
Brian acted for a former Ukrainian Minister of Revenue and Duties in his challenge to EU sanctions, on the basis that the allegations made by the new administration were false and driven by the commercial interests of the new rulers in Ukraine.
Brian has acted in many of the most significant cases in the UK, including the challenge to the licence fees in Vodafone v Ofcom and to the terms of the 5G spectrum auction in Hutchison 3G UK v Ofcom. Brian also acted for Three in its challenge to the terms of the 5G spectrum auction in Ireland. He had advised VodafoneThree in relation to compliance with post-merger commitments. Brian appeared for Motorola in its challenge to the CMA’s charging decisions for the Airwave network and acts for VodafoneThree in defending its pricing terms in the Gutmann collective proceeding. He is acting for the parties in the nexfibre/Substantial merger concerning the wholesale supply of fixed broadband services.
“Brian is an all-around star and brilliant in client management.”
Chambers and Partners, 2027
“Brian is an excellent advocate. He is authoritative and charismatic. He is respectful and listens to clients' concerns, takes careful account of instructing solicitors' views, and always arrives prepared and ready.”
Legal 500, 2027
“Brian Kennelly is very well-spoken, which you want in an advocate. He is very good with clients. He is really one of our go-tos, I can't speak highly enough of him.”
Chambers and Partners, 2026
“Brian is very engaging and collaborative.”
Chambers and Partners, 2026
“Brian Kennelly is user-friendly and explains complex issues clearly.”
Chambers and Partners, 2026
“Brian is responsive, an excellent communicator, amazingly clear and persuasive in court.”
Legal 500, 2026
“He is excellent - very versatile, very pragmatic and someone who is easy to work with.”
Chambers and Partners, 2025
“He is very attentive and helpful.”
Chambers and Partners, 2025
“He has a deep understanding of telecoms law & regulation as well as the wider industry – which is a real rarity at the Bar – with an impressive ability to distill complex factual and technical legal issues into highly persuasive advocacy before the court.”
Legal 500, 2025
“Brian is exceptional. He is a highly gifted lawyer who inspires great confidence because of his grasp of both themes and detail and because he is a great listener.”
Chambers and Partners, 2023
“Brian Kennelly KC is very good at making complex issues digestible.”
Chambers and Partners, 2023
“He is a fantastically bright barrister whom clients love because he sees things from their perspective.”
Chambers and Partners, 2022
“Brian has an unparalleled knowledge of the Irish, EU and UK telecommunications sector and regulatory framework and is able to drill down into very complex issues to present clear, concise advice and plot out next steps in a commercial way.”
Legal 500, 2022
“He works well with both solicitors and clients and provides intelligent, commercial advice.”
Chambers and Partners, 2021
“The future star in this sector.”
Chambers and Partners, 2021
“Will advise always with a client’s overall aims in mind, and has a very practical outlook.”
Legal 500, 2021
“Great team player – a pleasure to work with for solicitors and quickly grasps the main issues for the client.”
Legal 500, 2021
“He gets on well with clients and has a good courtroom manner with judges and opponents.”
Chambers and Partners, 2019
“He is extremely intelligent; he gets points very quickly and can encapsulate them and reply effectively.”
Chambers and Partners, 2019
“He is committed, sharp analytically and approachable.”
Chambers and Partners, 2019
“Absolutely fantastic and great with clients.”
Chambers and Partners, 2018
“There is no bluster with Brian, only crystal clear, expertly delivered explanation and interpretations of cases, presented with a strong persuasive edge”
Chambers and Partners, 2017
“An excellent adviser.”
Legal 500, 2017
“He empathises with his clients very well, and in court you can see how he works well with the judge.”
Chambers and Partners, 2016
“Clients love him and he is very easy to work with”
Legal 500, 2016
Brian is acting for the parties in this important merger concerning the wholesale supply of fixed broadband services.
Brian is acting for VodafoneThree in defending against allegations that its out of contract pricing was an abuse of a collective dominant position.
Brian acted for Motorola in resisting claims that its pricing of the Airwave telecoms network to the Home Office and other customers was an abuse of a dominant position.
Brian is advising the MNO on compliance with its commitments made as part of the merger clearance in 2026.
Brian acted for Motorola in its challenge to the CMA’s market investigation regarding the Airwave network, a communications network for emergency services.
Brian acted for the applicant in this major telecoms merger case which turned on adequacy of spectrum holdings and the significance of new technologies to compensate for lack of scale.
Brian acted for the applicant in this major judicial review of the terms of the Irish 5G spectrum auction on the basis that it violated the EU law requirements.
Brian advised ComReg on the use of spectrum by ground stations in connection with satellite mobile communications networks. It concerned EU and international law and satellite-provided broadband services to passengers in aircraft across Europe.
Brian advised the MNO Three in relation to compliance with the EU Net Neutrality Regulation and rules on international roaming.
Brian advised Ofgem on the funding and resourcing of the UK Regulatory Network (UKRN) under the Better Regulation Principles and Schedule 1 of the Utilities Act 2000.
Brian acted for the mobile network operator Three in its judicial review of Ofcom's 5G mobile spectrum auction.
Brian acted for Three in successfully persuading Ofcom to reconsider its decision on competition and auction design issues for the 2.3 and 3.4 GHz spectrum award, including reserve prices.
Brian acted for the regulator in this challenge to its 4G spectrum allocation and re-farming decision.
Brian acted for the regulator in this challenge to a finding of dominance relating to ex ante regulation of international connectivity.
Brian acted for the regulator in this major margin squeeze case in the Caribbean.
MA (Cantab), Licence spéciale en droit européen (ULB), (Scholarship: Queen Mother Scholar, Middle Temple)
Bencher of Middle Temple (2006)
VAT registration number: 757123529
Derek Sutton
Joint Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Joint Senior Clerk
+44 (0) 207 822 7326
Dean Tolman
Deputy Senior Clerk
+44 (0) 207 822 7331
Billy Brian
Deputy Senior Clerk
+44 (0) 207 822 7339
Danny Compton
Deputy Senior Clerk
+44 (0) 207 822 7338
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 822 7329
Sophie Reeve
Clerk
+44 (0) 207 822 7324
Ben Davis
Clerk
+44 (0)20 7822 0804
Toby Dennison
Clerk
+44 (0) 207 822 7328
Daniel Higgins
Clerk
+44 (0) 207 822 7322
Lilly-Grace Hilliard
Clerk
+44 (0)20 7822 7234