Derek Sutton
Joint Senior Clerk
+44 (0) 207 822 7327
Will has a broad practice that spans all of Chambers' main areas of work, focusing in particular on commercial law, public law and sports law. He regularly acts for both claimants and defendants in high profile and high value disputes, often at the intersection of different areas of law. He has been engaged in a wide range of cases since starting practice at Blackstone, at all levels of court from first instance to the Supreme Court and Privy Council, as well as in an advisory capacity.
As well as having extensive experience working with others in (very) large and small teams alike, Will is instructed regularly as sole counsel. He has appeared unled in the Administrative Court, the Employment Tribunal, the County Court and before the RFU's Appeal Panel, and has had further advocacy experience in the Privy Council and the Chancery Division.
Recent highlights of Will’s practice have included:
Will is comfortable working in all areas of commercial law for both claimants and defendants. He is regularly instructed in complex cases in a variety of commercial contexts including financial services, fiduciary relationships, contractual disputes, commercial fraud and more. He has worked on a number of hard-fought, high-value and sometimes lengthy trials with complex fact patterns as junior counsel: in particular, Moderrna v Pfizer & BioNTech [2024] EWHC 1648 (Pat), Revoker LLP & anor v Irakli Rukhadze & ors [2022] EWHC 690 (Comm), and Gray v Smith [2022] EWHC 1153 (Ch). Will also has experience of appellate commercial proceedings. He regularly advises commercial clients both led and unled.
Acting (with Fraser Campbell KC) for a claimant financial services company seeking to bring breach of trust and fiduciary duty claims against other financial services companies and individuals responsible for the dissipation of £8 million.
Advised (with Sir James Eadie KC) a Bermudan company on the merits of appealing against a substantial adverse decision made by the Supreme Court of Bermuda in relation to the costs incurred by wrongfully appointed joint provisional liquidators. The key issues related to the liability for those costs and the place where they should be assessed.
Acted (with Fraser Campbell KC) for the respondent individual and several of his respondent businesses in a high-value and complex confidential international arbitration taking place under the 2021 UNCITRAL Rules, involving allegations of breach of contract, fraud and corruption. The claimant sought recovery of around USD 60 million that it claimed to have been defrauded into paying over to the respondents. The case involved parallel court proceedings (including freezing orders) in Spain and Singapore.
Advised (unled and later with Victoria Windle KC) hotel accommodation provider in relation to breach of contract, inducement and unlawful means conspiracy issues arising from a breakdown in various private and public sector supply chain relationships. This also raised issues relating to the interpretation of restrictive covenants. The pre-action steps taken resulted in a favourable settlement.
Acted (with Michael Bloch KC and Sean Butler) for Pfizer in relation to the 'Pledge Issues' in patent infringement and revocation proceedings pertaining to Pfizer/BioNTech’s COVID-19 mRNA vaccine, Comirnaty. The case concerned the legal meaning and significance of Moderna's public pledge not to enforce its intellectual property rights in relation to its COVID-19 mRNA vaccine technology while the pandemic continued, and whether that pledge constituted a unilateral contract, a US federal law waiver, or simple non-contractual consent within the meaning of s.60 of the Patents Act 1977. Richards J held that Moderna's pledge constituted non-contractual consent for the period from 8 October 2020 until 7 March 2022. His judgment can be found here.
Acted (with Anthony Peto KC) for the Commercial Bank of Dubai and other claimants against members of a wealthy Emirati family and companies alleged to be owned or controlled by them. The bank sought to enforce a foreign judgment worth over £80 million and to pursue claims for other economic torts. Obtained summary judgment on the enforcement claim and dealt with issues relating to an application for committal of the Defendants for contempt of court.
Acted (with Shaheed Fatima QC, Tom Cleaver and Marlena Valles) for the claimants who successfully obtained an account of profits worth roughly USD 130 million at the quantum stage of a dispute concerning the management of the estate of the deceased Georgian billionaire Arkadi Patarkatsishvili. The case involved factual and legal disputes over the services provided by the defendants to Mr Patarkatsishvili's family and the profits they had made pursuant to their breaches of fiduciary duties. The trial took place for just over six weeks between October and December 2021. The judgment can be found here. Both parties' appeals to the Court of Appeal (with Tom Weisselberg KC, Tom Cleaver and Marlena Valles) were unsuccessful but clarified some important principles in accounts of profits cases. The Supreme Court heard a final appeal and gave an authoritative judgment on the law of accounts of profits in [2025] UKSC 10.
Will has extensive experience and a busy practice in all areas of public and administrative law, both led and unled. Will's public law expertise encompasses commercial judicial reviews (as in the Mastercard and British Gas cases), environmental issues (as in his work for Natural England), international law (as in American Federation of Musicians), and human rights (for example, the AAA Rwanda litigation in which Will played a key role acting for the claimants for two years).
Will's experience includes urgent/expedited proceedings in high-profile litigation (on behalf of the Labour Party, asylum-seekers at risk of removal from the UK to Rwanda, and the energy company Octopus).
Acting (with Paul Luckhurst) for Natural England defending a judicial review challenge related to proposals to obtain a licence for trial releases of Eurasian lynx into the wild, as part of a planned reintroduction programme to the UK. The lynx has been specified in the Dangerous Wild Animals Act 1976. The case involves questions about how that Act interacts with Natural England's powers to issue licences under the Wildlife and Countryside Act 1981.
Acting (with Paul Luckhurst) for Natural England in judicial review proceedings focused on a licensing scheme for the release of gamebirds in environmentally protected areas.
Acting (with Sir James Eadie KC, Ravi Mehta and others) for the Secretary of State in judicial review proceedings relating to the entitlements of US performers under UK law to be paid when their sound recordings are broadcast or played in public. The Claimants allege that domestic law is incompatible with the UK's international obligations under the Rome Convention, the WPPT and the CPTPP. The case raises issues of justiciability and international copyright law. The final hearing took place in December 2025. The claim was dismissed principally because it was considered non-justiciable: see the judgment here.
Acted (with Tim Otty KC) for Mastercard in a challenge to the vires of the Payment Systems Regulator seeking to impose a cap on certain types of interchange fee on cross-border transactions by means of a general direction under s. 54 of the Financial Services (Banking Reform) Act 2013. A two-day rolled-up hearing took place November 2025 and in a detailed judgment addressing the PSR's powers ultimately dismissed the challenge: see here.
Acted (with Lord Pannick KC and Jemima Stratford KC) for the energy company Octopus in expedited judicial review challenges brought by rival energy companies against the Secretary of State's decision to approve Octopus's acquisition of Bulb out of administration. Following a rolled-up hearing, the Divisional Court refused permission on the ground of undue delay and indicated that in any event it would have rejected all of the Claimants' arguments on their merits: see the judgment here. An appeal of that judgment was dismissed on all matters of substance: see the judgment here. The proceedings raised arguments including on conventional public law grounds of irrationality and procedural unfairness, as well as alleging that the Secretary of State has acted unlawfully under the subsidy control principles in the EU-UK Trade and Cooperation Agreement.
Acted (with Raza Husain KC, Phillippa Kaufmann KC, Sam Grodzinski KC, Christopher Knight, Paul Luckhurst, Jason Pobjoy and others) for the Claimants in their successful challenges to the Home Secretary's policy and decisions to send certain asylum-seekers to Rwanda. The challenge involved complex issues of public law, immigration law, human rights law and refugee/asylum law. All of the decisions by which the Home Secretary proposed to remove the individual Claimants to Rwanda were held to be unlawful and were quashed at first instance. The Claimants then succeeded in the Court of Appeal and the Supreme Court in challenging the Rwanda policy as a whole: both courts decided that the Claimants' Article 3 EHCR challenge succeeded on the basis that there were substantial grounds to believe that there would be a real risk of them suffering Article 3 harm (in the form of refoulement) if removed to Rwanda.
At the start of the litigation, this case also involved urgent applications for interim relief to prevent eight individuals from being removed to Rwanda on the first planned flight on 14 June 2022. The High Court and Court of Appeal refused interim relief, and the Supreme Court refused permission to appeal, but a rule 39 application to the European Court of Human Rights succeeded and ultimately precipitated the cancellation of the flight.
Acted (with Mark Vinall) for the Secretary of State for Justice in the first ever case in which the power to terminate the membership of a Parole Board member was exercised.
In dismissing the claim, Mr Justice Kerr found that the Claimant’s handling of the release decision which had led to the termination of her membership did not fall within the scope of the protection accorded to judicial acts done in good faith. Instead, it fell into the category of a failure to act judicially, applying the distinction set out in Durity v AG of Trinidad and Tobago [2008] UKPC 59. The panel’s findings were clear findings of misconduct and gross negligence, on the basis that the Claimant had not read the papers or prepared the case properly before directing release. Termination of the Claimant’s membership in that context did not represent an interference with judicial independence and was not unreasonable.
The full judgment can be found here.
Acted (with Fraser Campbell) for the General Secretary of the Labour Party, seeking an order requiring the Electoral Commission to approve amended party description on ballot papers in time for the 2021 Scottish Parliamentary elections. This judicial review raised several issues under the Political Parties, Elections and Referendums Act 2000, and involved breach of statutory duty and unlawful fettering of discretion challenges.
Advising and acting (with Jason Pobjoy KC and unled) for the BBC on a range of high-profile media, regulatory and public law issues, including First-tier Tribunal proceedings under the Freedom of Information Act 2000, the BBC Charter, the Communications Act 2003, and matters relating to the imposition and enforcement of the BBC licence fee. Successfully represented the BBC in complex FOIA litigation in Webb v Information Commissioner & BBC [2024] UKFTT 00754 (GRC) (judgment here) (with Monica Carss-Frisk KC and Jason Pobjoy).
Advised and acted (with Brian Kennelly QC and Hanif Mussa) for NGET and NGG in statutory appeals to the CMA against GEMA's decision to impose licence conditions reflecting its RIIO-2 price controls.
Advised (with Fraser Campbell) on a potential judicial review of a local Council's decision to submit a planning application for the construction of a new Gypsy, Roma and Traveller transit site. This matter raised complex political and legal issues pertaining to the Council's decision-making processes.
Assisted with acting for respondent in successfully resisting an appeal to the Court of Appeal on whether the government was permitted to use voter identification requirements at the local government elections in May 2019 (assisting Hanif Mussa).
Will represents clients in civil liberties and human rights law. For two years from June 2022, he acted for asylum-seekers at risk of removal from the UK to Rwanda pursuant to the Migration and Economic Development Partnership between the two countries. Will has acted in courts at all levels from the High Court to the Supreme Court and Privy Council.
Acted (with Tim Otty KC, George Molyneaux and Joshua Hillis) for the International Bar Association and Commonwealth Lawyers Association filing an amicus curiae brief for the US Court of Appeals for the District of Columbia Circuit in a case concerning the Trump Administration's executive orders targeting certain law firms. The brief argued in support of principles that are fundamental to the rule of law concerning the independence of lawyers and their freedom to carry out their professional activities without fear or favour.
Acted (with Raza Husain KC and others) for the Global Strategic Litigation Council in filing an amicus curiae brief for the Supreme Court of the United States concerning the principle of non-refoulement under Article 33 of the Refugee Convention. The case related to the United States policy of turnbacks at its border with Mexico. The brief submitted that the adoption of that policy, in circumstances where the State failed to conduct any meaningful assessment of an asylum seeker's risk of return to a territory where their life or freedom would be threatened within the meaning of Article 33, operated in direct contravention of the United States' non-refoulement obligations. For further detail about the brief and to read it in full, see here.
Acted (with Tom Hickman KC) in the Privy Council for the Attorney General of the Cayman Islands in a case concerning Cayman Islands immigration law. The case related to the Cayman Islands’ immigration points system for permanent residence applications. Lord Leggatt’s judgment on behalf of the Board concluded that the Cayman Islands Court of Appeal had been wrong to find and declare that the relevant immigration legislation was incompatible with the right to respect for private and family life. The Privy Council made a number of important points about the circumstances in which declarations of incompatibility should be made, both specifically in the Cayman Islands and in general.
The Attorney General's appeal argued that the Court of Appeal of the Cayman Islands had erred in concluding that the Islands’ points-based system for assessing immigration applications for permanent residence was incompatible with section 9 of the Cayman Islands Bill of Rights (equivalent to Article 8 of the European Convention on Human Rights).
The full judgment can be found here.
Acted (with Raza Husain KC, Phillippa Kaufmann KC, Sam Grodzinski KC, Christopher Knight, Paul Luckhurst, Jason Pobjoy and others) for the Claimants in their successful challenges to the Home Secretary's policy and decisions to send certain asylum-seekers to Rwanda. The challenge involved complex issues of public law, immigration law, human rights law and refugee/asylum law. All of the decisions by which the Home Secretary proposed to remove the individual Claimants to Rwanda were held to be unlawful and were quashed at first instance. The Claimants then succeeded in the Court of Appeal and the Supreme Court in challenging the Rwanda policy as a whole: both courts decided that the Claimants' Article 3 EHCR challenge succeeded on the basis that there were substantial grounds to believe that there would be a real risk of them suffering Article 3 harm (in the form of refoulement) if removed to Rwanda.
At the start of the litigation, this case also involved urgent applications for interim relief to prevent eight individuals from being removed to Rwanda on the first planned flight on 14 June 2022. The High Court and Court of Appeal refused interim relief, and the Supreme Court refused permission to appeal, but a rule 39 application to the European Court of Human Rights succeeded and ultimately precipitated the cancellation of the flight.
Assisted with acting for respondent in successfully resisting an appeal to the Court of Appeal on whether the government was permitted to use voter identification requirements at the local government elections in May 2019 (assisting Hanif Mussa).
Divisional Court case concerning whether the statutory regime for imposing notification requirements on sexual offenders is compatible with human rights under Article 8 ECHR (assisting Hanif Mussa).
Advised (unled) on trespass and human rights implications of allowing a TV documentary crew to conduct tag-along filming with police officers (unled). This raised issues under Article 8 ECHR and the Human Rights Act 1998, as well as contractual issues based on a proposed draft filming contract.
Will has a strong and growing practice in sports law. Many of his cases in this area are confidential and cannot be listed below, but he has acted and is presently acting in some of the most significant sports litigation in the UK. He also has experience acting in an advisory capacity for individuals, clubs and sports regulators in a variety of different sporting contexts. To date, he has been instructed in matters relating to football, rowing, pigeon racing and rugby.
Will regularly deals with issues relating to misconduct / disciplinary action in sport, financial regulation and breaches of financial fair play rules, as well as a variety of contractual and regulatory disputes. The legal issues raised in Will's sports law practice complement his extensive experience in commercial and public law litigation.
In September 2025, Will was appointed as a member of the Sport Resolutions Pro Bono Service Panel of Counsel.
Represented (unled) an EFL football club and player in FA disciplinary proceedings related to allegations of misconduct on the field of play.
Advised and took pre-action steps in relation to age discrimination issues in a national sports event (pro bono, as part of a team). Successfully ensured, without the need for litigation, that the discriminatory measures were removed.
Advised (unled) a football regulatory body responding to a threatened challenge to a safeguarding decision made on the basis of a material risk of transferable harm to children.
Advised (with James Segan KC and unled) a sports regulatory body on finance-related rule changes and their practical implications.
Advised (with Kieron Beal KC, Ravi Mehta and Grant Kynaston, acting pro bono) rowers excluded from the 2025 Boat Race between the Universities of Oxford and Cambridge on eligibility grounds. Three rowers had been deemed ineligible to compete on the basis that they were PGCE students at Cambridge University. The Interpretation Panel had concluded that the PGCE was not a "degree-level qualification" within the meaning of the relevant rules. We advised that there were strong grounds to challenge this decision.
Acted successfully (unled) for an individual pursuing an internal appeal of his sports association's decision to suspend him. The suspension was lifted with immediate effect. This matter involved challenging the association's decision-making process on natural justice grounds (procedural unfairness) as well as challenging the substance of its conclusions about the individual's conduct.
Acted successfully (unled) for a U18 academy rugby team that had reached the Final of the National Cup in their appeal against an RFU Disputes Committee's decision to disqualify them from the competition due to alleged player registration and eligibility issues. The team were able to compete in the Final as a result. The RFU Appeal Panel's judgment appears here.
Will has acted in a range of cases involving public international law. He has worked on domestic cases involving the interpretation of complex international music copyright treaties (American Federation of Musicians); amicus briefs for courts in the United States of America, including in an immigration and asylum law case before the Supreme Court of the United States (Al Otro Lado) as well as defending the independence of the legal profession (Perkins Coie & Ors); and an international arbitration conducted under the UNCITRAL Rules.
Acted (with Tim Otty KC, George Molyneaux and Joshua Hillis) for the International Bar Association and Commonwealth Lawyers Association filing an amicus curiae brief for the US Court of Appeals for the District of Columbia Circuit in a case concerning the Trump Administration's executive orders targeting certain law firms. The brief argued in support of principles that are fundamental to the rule of law concerning the independence of lawyers and their freedom to carry out their professional activities without fear or favour.
Acted (with Raza Husain KC and others) for the Global Strategic Litigation Council in filing an amicus curiae brief for the Supreme Court of the United States concerning the principle of non-refoulement under Article 33 of the Refugee Convention. The case related to the United States policy of turnbacks at its border with Mexico. The brief submitted that the adoption of that policy, in circumstances where the State failed to conduct any meaningful assessment of an asylum seeker's risk of return to a territory where their life or freedom would be threatened within the meaning of Article 33, operated in direct contravention of the United States' non-refoulement obligations. For further detail about the brief and to read it in full, see here.
Acting (with Sir James Eadie KC, Ravi Mehta and others) for the Secretary of State in judicial review proceedings relating to the entitlements of US performers under UK law to be paid when their sound recordings are broadcast or played in public. The Claimants allege that domestic law is incompatible with the UK's international obligations under the Rome Convention, the WPPT and the CPTPP. The case raises issues of justiciability and international copyright law. The final hearing took place in December 2025. The claim was dismissed principally because it was considered non-justiciable: see the judgment here.
Acted (with Fraser Campbell KC) for the respondent individual and several of his respondent businesses in a high-value and complex confidential international arbitration taking place under the 2021 UNCITRAL Rules, involving allegations of breach of contract, fraud and corruption. The claimant sought recovery of around USD 60 million that it claimed to have been defrauded into paying over to the respondents. The case involved parallel court proceedings (including freezing orders) in Spain and Singapore.
Will's busy commercial practice often involves disputes concerning civil fraud and asset recovery, many of which are of considerable value. He has experience of the procedures and litigation tactics surrounding such issues, from the perspective of both claimants and defendants.
Acting (with Fraser Campbell KC) for a claimant financial services company seeking to bring breach of trust and fiduciary duty claims against other financial services companies and individuals responsible for the dissipation of £8 million.
Advised (unled and later with Victoria Windle KC) hotel accommodation provider in relation to breach of contract, inducement and unlawful means conspiracy issues arising from a breakdown in various private and public sector supply chain relationships. This also raised issues relating to the interpretation of restrictive covenants. The pre-action steps taken resulted in a favourable settlement.
Acted (with Fraser Campbell KC) for the respondent individual and several of his respondent businesses in a high-value and complex confidential international arbitration taking place under the 2021 UNCITRAL Rules, involving allegations of breach of contract, fraud and corruption. The claimant sought recovery of around USD 60 million that it claimed to have been defrauded into paying over to the respondents. The case involved parallel court proceedings (including freezing orders) in Spain and Singapore.
Acted (with Anthony Peto KC) for the Commercial Bank of Dubai and other claimants against members of a wealthy Emirati family and companies alleged to be owned or controlled by them. The bank sought to enforce a foreign judgment worth over £80 million and to pursue claims for other economic torts. Obtained summary judgment on the enforcement claim and dealt with issues relating to an application for committal of the Defendants for contempt of court.
Assisted in early stages of unlawful means conspiracy claim concerning the nationalisation of a Ukrainian bank, dealing with jurisdiction and state immunity issues (assisting Andrew Scott). The claim was ultimately summarily dismissed on grounds of state immunity, foreign act of state, and as having no real prospect of success.
Will's work in commercial and sports law has involved arbitral proceedings in a number of cases, some of which are confidential. He has particular experience of UNCITRAL arbitration but has also operated under contractually agreed arbitral processes.
Acted (with Fraser Campbell KC) for the respondent individual and several of his respondent businesses in a high-value and complex confidential international arbitration taking place under the 2021 UNCITRAL Rules, involving allegations of breach of contract, fraud and corruption. The claimant sought recovery of around USD 60 million that it claimed to have been defrauded into paying over to the respondents. The case involved parallel court proceedings (including freezing orders) in Spain and Singapore.
Before coming to the Bar, Will wrote for a number of publications as a journalist, including The Economist and The Guardian. He also wrote regularly for The Justice Gap, an online publication about the law and access to justice, on topics including miscarriages of justice and crowdfunding legal cases, and was a writer and deputy editor of The Justice Gap's print magazine, Proof. Will was a research assistant for Jon Robins's 2018 book, Guilty Until Proven Innocent: The Crisis in our Justice System.
In 2016, Will worked at Harvard Law School's International Human Rights Clinic, co-authoring a filing to the Inter-American Court of Human Rights requesting the maintenance of provisional measures at Aníbal Bruno prison in Brazil, as well as drawing attention to overcrowding, violence and failures to investigate. He also spent time working in Boston for the NGO, Beyond Conflict, on efforts to address racial division and inequality in American cities.
Will has worked as a volunteer at the Public Law Project, Refugee Connection and for René Cassin's modern slavery campaign team. In 2018, he delivered presentations on 'Access to Justice, the Media and Legal Aid' at Public Law Project's North Conference and the Law Centres Network's National Conference. He has been a mentor with Bridging the Bar for several years.
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Barristers regulated by the Bar Standards Board
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
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