Barrister Profile

Graham Read QC

Appointed QC2003
Year of Call1981

Profile

Graham Read has extensive experience in heavy weight civil litigation, frequently appearing in the Commercial and Mercantile Courts, the Competition Appeal Tribunal,  the TCC, and the Chancery and Queen’s Bench Divisions, along with regular appearances in the higher courts. He has extensive experience in arbitration, adjudication and mediation work and sits an arbitrator. His main areas of practice include all aspects of commercial, telecommunications and environmental law.  However as his principal skills are case management and advocacy he is able to undertake a wide range of work and has been involved in leading cases in other areas of the law.  He is recommended in Legal 500 and Chambers & Partners for Telecommunications, Environment and Information Technology.

Recommendations

“a very knowledgeable barrister who is superb with clients and always thorough in this preparation” Telecommunications, Chambers (2011)

"very effective", "an excellent communicator" and is "particularly recommended for telecoms matters". Information Technology, Legal 500 (2010)

Previous entries include:-

"Hands on silk... who pulls together disparate areas of expertise and presents cases well" Information Technology, Legal 500

"His great strengths are his tenacity and his punishing cross examinations"- Telecommunications, Chambers & Partners

"his expertise includes advising on commercial contract disputes, damages for equipment malfunction and regulatory and competition issues" - Telecommunications, Chambers & Partners

"impressive delivery and speed in grasping the facts of a case" - Environment, Chambers & Partners

"recommended for his mixed commercial and environment practice" - Environment, Chambers & Partners

"He's very entertaining to watch as an advocate because he really sticks it to the other side" - Telecommunications, Chambers & Partners

Areas of Practice

TELECOMMUNICATIONS

Over the last 15 years, Graham Read has acted in a variety of disputes involving various parts of British Telecommunication Plc's legal services and has acted for a number of other major telecoms operators (including 02, Vodafone and Orange). Care is always taken by the Clerks and Graham Read to ensure no potential conflicts of interest occur.  He has also been appointed chairman of an overseas appellate arbitration panel hearing regulatory telecoms disputes. 

He is a recommended in Chambers 2011 as one of the top five leading Q.C.s in telecoms law.  He has handled all aspects of telecommunications law e.g.:-

  • Commercial contract disputes (for example arbitrations and litigation involving the provision of telecommunications service, and network agreements,);
  • Regulatory issues and Competition law including appearing before the Competition Appeal Tribunal and, on appeal from the Tribunal, in the Court of Appeal;
  • Mobile telephone network communications (for example the GSM Gateways and the sitting of telephone masts near schools and habitable buildings);
  • Technical telecommunications issues (for example payphone construction and registration of monies, telecommunication pricing, virtual networks etc, and computer related matters).
  • Tariff charging cases (including restitutionary remedies);
  • Artificial Inflation of Traffic (AIT);
  • Drafting Industry wide specialist Interconnection Terms and Conditions; 
  • Various telecom misuse cases including "Dial Through" and "Dial Up" fraud;
  • Business loss from damage to telecoms apparatus;
  • Wayleave disputes relating to telecommunications equipment;
  • The New Road and Street Works Act 1991;
  • Contractual arrangements governing patent licensing.

Notable reported cases include:


He also has detailed experience in associated matters such as WAN and LAN computer systems and advising on e-commerce for government agencies.  He has recently been involved in litigation arising out of the NHS National computer contract.

He has lectured on a number of topics including Regulatory telecoms issues, wayleaves, Interconnection Agreements and Multi-party Telecommunications Disputes.

COMMERCIAL

Graham Read has experience in most aspects of commercial work including large commercial contract disputes, share purchase agreements, international carriage of goods, insurance, EU and competition law, local government contracts and financing and insolvency issues.  He has extensive experience with complex technical disputes including construction and a variety of disputes involving electronic and mechanical equipment.  He regularly appears in the TCC and in technical arbitrations: reported examples of this include the NHS computer contract Ardentia Ltd v British Telecommunications [2008] EWHC 2111 (Ch) http://www.bailii.org/ew/cases/EWHC/Ch/2008/2111.html and JDM v DEFRA 93 Con. L.R. 133 http://www.bailii.org/ew/cases/EWHC/TCC/2004/2.html  

He is recommended in Legal 500 as a Leading QC for Information Technology.

He is used to handling large disputes encompassing a number of different areas of commercial law with sums at stake in excess of £100,000,000.  He is able to handle all aspects of commercial litigation, for example he has been involved in major conflict of laws cases (e.g. Connelly v RTZ [1998] AC 854,  Lubbe v Cape [1998] CLC 155, Sithole v Thor, the Times 15th February 1999, Africa v Cape Plc [2001] 1 WLR 1545) and large Freezing order disputes (e.g. Banco Nacional de Commercio Exterior SNC v Empressa de Telecommunicaziones [2007] 2 All ER Comm. 1093) http://www.bailii.org/ew/cases/EWCA/Civ/2007/662.html

He is experienced in most forms of arbitration including ICC disputes. He has experience sitting as an arbitrator in a number of different areas of law and foreign jurisdictions. He has also been involved in a series of leading conflict of law cases:

He has experience in most aspects of professional negligence (e.g. accountant's, solicitors', architects' and surveyor's negligence). He has also been involved in a number of sports related matters commercial including acting in litigation involving the Brands Hatch and Silverstone racing circuits, advising several Premier Division Football teams and advising in respect of the construction of a National stadium.

He is a member of COMBAR, the English Commercial Bar Association.  He has lectured on a number of commercial topics, for example on insurance law and contract construction.

ENVIRONMENTAL LAW

Graham Read has acted for insurers, large industrial conglomerates, public utilities (such as water and sewage undertakers), local authorities and legally aided Plaintiffs. He regularly sits as an arbitrator. He is listed in Legal 500 as highly recommended in this field. He has been involved in some of the biggest environmental law cases that have come to court for example:

  • A series of cases involving the construction of waste landfill sites, including methane gas escape, the failure of bentonite walls and unforeseen ground conditions.
  • A number of cases involving the operation of industrial processes, such as the disposal of waste and oil, creosote and other types of pollution from industrial sites.
  • A series of cases involving the emissions of toxic chemicals from industrial sites, for example polychlorinated biphenyls, methyl mercaptan, dimethoate etc.
  • A number of cases involving serious land contamination including oil spills and other residual chemicals.
  • Cases involving the effect of prohibited vegetation such as Japanese Knotweed.
  • Asbestos and mercury poisoning cases.
  • Disturbance cases from building developments and construction sites.
  •  Sewage disposal cases under the Water Industry Act and the Environmental Protection Act.    
  • Actions against the Department of the Environment Food and Rural Affairs arising out of the Foot and Mouth Epidemic.
  • Reay v British Nuclear Fuels [1994] 1 MLR 1:  A year long trial involving radiation at Sellafield; Graham Read was one of the two counsel in the case whose cross examination was complimented by the Judge (see page 8).
  • Compensation claims under the utility acts for example schedule 12 of the Water Industry Act 1991.

Graham Read has advised on Local Government Waste Disposal contracts and contaminated land issues. He has also advised government agencies on the environmental aspects of commercial law. He has lectured on the law of nuisance and toxic releases and has contributed to Management Today's Corporate Environmental Performance.

Seminars & Lectures

Lectured on a number of commercial topics, for example insurance law.

Lectured on a number of topics including Interconnection Agreements and Multi-party Telecommunications Disputes.

Lectured on the law of nuisance and toxic releases and has contributed to Management Today's Corporate Environmental Performance 2000.

Professional Membership

COMBAR, Professional Negligence Bar Association

Education

Arden Scholar Gray's Inn (Premier scholarship of the Inn, awarded on average once every three years), Dr Cooper Law scholarship from Trinity Hall Cambridge, MA Cantab.