Deok Joo Rhee QC

Year of call:
1998
Silk:
2017
Email:
deokjoo.rhee@39essex.com

Clerks:
+44 (0)20 7832 1111

“Remarkable; she is quietly passionate, extremely intelligent and great to work with”
Legal 500 2017

“Brilliant; her opinion is trustworthy and truly valuable”
Legal 500 2017

Deok Joo Rhee QC’s practice covers all areas of EU law, public law and human rights law. Within these fields the particular focus of her practice is EU economic and social policy, including public procurement, state aid, free movement, immigration and asylum, employment and public international law. She is praised as “an outstanding advocate” and for “her steely ability to fight her client’s corner” (Legal 500 2016). Her expertise is attested to by her listing by Chambers and Partners in its inaugural UK Bar100 list of leading juniors at the UK Bar (http://www.chambersandpartners.com/the-chambers-100-uk-bar) and by her entries in the legal directories across all areas of her practice. Her particular expertise lies in ‘cross-over’ areas within her fields of specialism as is reflected in the nature of her cases.

She regularly appears before the UK Supreme Court, Court of Appeal, High Court, the Court of Justice of the European Union – and other domestic courts and tribunals – as sole, leading and junior counsel. And prior to taking silk, she was a member of the Attorney General’s ‘A’ Panel of Government Counsel and has acted for most Government Departments.

She is proficient in French (legal and conversational) and Korean (conversational).

EU Law


Deok Joo is recognised as a leading junior in the field of EU law. She is listed as one of the top two juniors (Band 1) at the UK Bar in this field by Chambers and Partners (2017). She has particular expertise and experience across a broad spectrum of issues arising at the intersection of domestic, EU and international law. In addition to her work at the bar, she was appointed to work as a Référendaire at the Court of Justice of the European Union in Luxembourg in the British Cabinet – for Sir David Edward and Sir Konrad Schiemann (2002 to 2004). In that capacity she dealt with the full range of substantive and procedural law matters before the Court. Notable amongst her caseload there were Cases C-322/01 Deutscher Apothekerverband [2003] ECR I-4887 (the ‘DocMorris’ case on restrictions to on-line selling of medicinal products) and C-2/01 P BAI and Commission v Bayer (parallel imports of pharmaceutical products and the meaning of an agreement between undertakings under Article 85 EC). Prior to coming to the bar, Deok Joo taught European law – at Lady Margaret Hall, Oxford University. She has a strong interest in comparative EU, French and English law, and EU external relations law – including trade and investment law.

EU Constitutional and International Law

EU legislative competence – including competence to require the imposition of criminal sanctions for environmental breaches (Case C-440/05 Commission v Council (Court of Justice of the European Union) [2007] ECR I-9097, [2008] 1 CMLR 22. [2008] All ER (EC) 489, [2008] Env LR 12 – ‘Ship source pollution’ case); distinction between single market transport and trans-European network legal bases (Case C-121/14 United Kingdom v Parliament, Council (Court of Justice of the European Union) (sole counsel).

Compatibility of EU asset freezing order with EU free movement law (Rahim v HM Treasury).

Issues arising under the Dublin II Regulation including the determination of Member State obligations (in particular in relation to asylum reception conditions in Greece and Italy); the interface between rights under the EU Charter of Fundamental Rights and ECHR (NS v Secretary of State for the Home Department [2010] EWCA Civ 990, [2010] EqLR 18, referred to Court of Justice of the European Union); leading domestic case on the interpretation of ‘internal armed conflict’ for the purposes of subsidiary protection under the EU Qualification Directive (QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 807, [2011] 1 WLR 689, [2012] 2 All ER 971, [2010] Imm. AR 132).

European Patent Convention and the domestic law reviewability of decisions by the European Patent Office to grant a European Patent – by reference to the Patent Act 1977 and the Arbitration Act 1997 (Virgin Atlantic Airways Ltd v Jet Airways Ltd & Ors [2012] EWHC 2153 (Pat), [2013] RPC 10).

EU Regulatory Law

All areas including agriculture, fisheries, pharmaceuticals and regional development funding grants including:

Agricultural subsidies (‘FEOGA’ grants).

Allocation of EU fishing quotas and A1P1 ECHR, discrimination as between English and Scottish fish producer organisations and legitimate expectations (United Kingdom Association of Fish Producer Organisations v Secretary of State for Environment, Fisheries and Agriculture [2013] EWHC 1959 (Admin)).

Litigation and extensive advisory experience in relation to the clawback of European Regional Development Fund grants (for infrastructure projects for alleged breaches of EU procurement requirements) (Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin) – lead case in this area – sole counsel).

Pharmaceutical and Medicines Regulation including – licensing of generics and compatibility with EU law (Association of the British Pharmaceutical Industry v Medicines Health and Regulatory Agency), registration of herbal medicinal products (Alliance for Natural Health), medical devices disclosure obligations under the EU In-Vitro Medical Devices Directive (JBol Ltd v Medicines and Healthcare Products Regulatory Agency (Upper Tribunal, 2014, lead counsel).

Rights and obligations of public sector guarantors of occupational pension schemes under the Institutions for Occupational Retirement Provision Directive (in particular in relation to the ability to influence investment strategy).

Environmental (Member State obligations under the Energy Efficiency Directive).

Intellectual property and the protection of rights under the Artists’ Resale Rights Directive.

Procurement and state aid law – see below.

EU Employment Law

Paid annual leave and the Aviation Directive (Case C-155/10 Williams v British Airways (Court of Justice of the European Union) [2011] ECR I-8409, [2012] 1 CMLR 23, [2012] ICR 847, [2011] IRLR 948).

Interpretation of ‘dynamic’ contract terms in collective agreements and TUPE (Case C-426/11 Alemo-Herron (Court of Justice of the European Union) [2014] 1 CMLR 21, [2013] ICR 1116).

Protection of employees in the event of insolvency of employers and the determination of the responsible Member State (Cases C-477/09 Défossez (Court of Justice of the European Union) [2011] ECR I-1421, [2011] 2 CMLR 44 and C-310/07 Sweden v Holmqvist (Court of Justice of the European Union) [2008] ECR I-7891, [2009] ICR 675, [2008] IRLR 970). (Sole counsel in both.)

Challenge to National Minimum Wage Regulations (Cordant v Secretary of State for Business, Innovation and Skills). (Sole counsel.)

EU Free Movement Rights, Social Security, ‘Right to Reside’ and Citizenship

All aspects of EU free movement rights including – youth football transfer fees and free movement (Case C-325/08 Olympique Lyonnais (Court of Justice of the European Union) [2010] ECR I-2177, [2010] 3 CMLR 14, [2010] All ER (EC) 615) (Sole Counsel); free movement of professionals including lawyers and the qualified lawyers transfer test and medical professionals.

Extensive litigation and advisory experience in relation to free movement and EU citizenship rights to social security and rights of residence (in both the social security and immigration/deportation contexts), including:

Advising on European Commission infraction proceedings in relation to the Worker Registration Scheme (applicable to ‘A8’ nationals).

LO (Portugal) [2014] EWCA Civ 199: deportation of EU national, Citizenship Directive, Article 8 ECHR. (Sole counsel.)

Aleksandrovicuite & Or v Secretary of State for Work and Pensions and Secretary of State for the Home Department (Court of Appeal, 2011, on appeal from CIS/3004/2008 & CJSA/3003/2008): challenge to the Worker Registration Scheme for A8 nationals. (Sole counsel.)

Dias v Secretary of State for Work and Pensions [2009] EWCA Civ 807, [2010] 1 CMLR 4: social security, free movement, residence permits (referred to Court of Justice of the European Union). (Sole counsel.)

Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310, [2009] 2 CMLR 3, [2009] EuLR 402: EU rights of residence, Citizenship Directive and Article 12 EC.

Teixeira v Lambeth LBC [2008] EWCA Civ 1088, [2009] EuLR 253, [2009] HLR 9: EU rights of residence of third country national, child in education (referred to the Court of Justice of the European Union).

Czop & Ors v Secretary of State for Work and Pensions CIS/1465/2009 & CIS/2357/2009: EU rights of residence of primary carers of children in education (referred to Court of Justice of the European Union). (Sole counsel.)

EU Charter of Fundamental Rights

In the interpretation of EU Asylum Directives – including the Dublin II Regulation (NS v Secretary of State for the Home Department; Mehrabi v Secretary of State for the Home Department), the EU Procedures Directive (S v First-Tier Tribunal – sole counsel) and the EU Reception Directive (Refugee Action v Secretary of State for the Home Department).

In a challenge to EU asset freezing order (Rahim v HM Treasury).

EU Procurement Law and State Aid Law

Deok Joo is also listed as a leading junior by both Chambers and Partners and Legal 500 in the field of procurement law. In particular, she has been listed as one of the top 3 juniors (Band 1) at the UK bar in this field by Legal 500 (2014). Her particular expertise in this area involves novel and cross-cutting issues for which she relies on her combined EU law and public law expertise. She regularly acts and advises in relation to both substantive and procedural issues which arise at all stages of procurement litigation, and on related regulatory and legislative matters for both public sector and private clients.

EU Procurement and Regulatory Matters

Extensive experience in relation to all areas of EU procurement law:

  • as it intersects with wider EU law and public law matters including in relation to – the procurement (and public) law implications of the Government’s legal aid reforms on which she has advised extensively, lawfulness of clawback decisions by the Secretary of State for Communities and Local Government as the managing authority for European Regional Development Fund (ERDF) grants (including Mansfield DC v Secretary of State for Communities and Local Government [2014] EWHC 2167 (Admin): lead case on challenge to clawback of ERDF grant for alleged breaches of EU procurement requirements, aswell as conduct of related cases and advisory work for grant recipients subject to clawback decisions).
  • novel issues of law including novation and contract variation (in the context of GP services), black-listing of providers (lawfulness of exclusion), in-house supply and local authority companies, and overlap between procurement and state aid matters.
  • exclusive rights, ICT, waste disposal, defence procurement

Challenges under EU Procurement Regulations

  • Passenger Transport Services (Medical Services Ltd v North West London Hospital Trust).
  • Social Care Contracts (London Care Ltd v Hillingdon LBC).
  • Confidentiality of bids (Avon and Wiltshire Mental Health Partnership NHS Trust v North Somerset Council)
  • Parking enforcement contracts (Apcoa v Westminster City Council).
  • Cross-authority ‘in-house’ supply (Risk Management Partners Ltd v Brent LBC [2009] EWCA Civ 490, [2010] BLGR 99; [2008] EWHC 1094 (Admin), [2008] EuLR 660, [2008] BLGR 429).

EU State Aid Law

Extensive advisory work on procurement and state aid implications of major infrastructure projects and development agreements in London and in the regions.

Extensive advisory work on state aid implications of grant funding projects in the public sector; ‘services of general economic interest’, public service obligations (in transport, telecommunications), land disposal.

Public Law & Human Rights


Deok Joo is also recognised by the legal directories for her expertise in public law and human rights law. She has recently appeared as lead counsel before the Supreme Court in 3 homelessness appeals on the duties of local housing authorities (Hotak, Johson & Kanu [2015] UKSC 30). She is particularly known for the strength and depth of her expertise in cross-over areas involving ECHR, European Charter of Fundamental Rights, EU and international law including in relation to the principles of equal treatment, non-discrimination, legitimate expectations in matters involving State action. She is also known for her experience in matters involving the international, EU and domestic law obligations of EU Member States, central and local government in relation to asylum seekers and failed asylum seekers, including the rights of the child. Deok Joo is a former member of Liberty’s Council (2007-2011) and a member of its Conference and Appeals Panel (2012 to present) and regularly advises Liberty on a range of domestic human rights matters.

General Public Law & Human Rights

Cornwall CC v Secretary of State for Health & Ors (Supreme Court): [2015] UKSC 46, [2015] 3 WLR 213 on the determination of ‘ordinary residence’ where the service user lacks capacity in social care legislation.

Hotak, Kanu, Johnson v Southwark LB & Ors (Supreme Court) [2015] UKSC 30, [2015] 2 WLR 1341: Lead counsel for the Secretary of State for Communities and Local Government, on homelessness duties in Part 7 of the Housing Act 1996 and the public sector equality duty.

JN v Thameside HMP and Secretary of State for Justice (Admin, 2015): duties in relation to privatised prisons. (Sole counsel.)

LV v Secretary of State for Justice and the Parole Board for England and Wales [2014] EWHC 1495 (Admin): delay in conditionally discharging prisoner detained under the Mental Health Act 1983 – whether breach of Article 5 ECHR. (Sole counsel.)

Police Superintendents’ Association v Chief Constable of Bedfordshire Police & Ors [2013] EWHC 2173 (Admin): instructed to defend challenge to Police Pension Regulations. (Sole counsel.)

Justice for Kids v Secretary of State for the Home Department (Admin, 2015) (Sole counsel).

Revisions to PACE Code C in relation to the detention of young persons and compatibility with Article 8 ECHR (following HC v Secretary of State for the Home Department).

Refugee Action v Secretary of State for the Home Department [2014] EWHC 1033 (Admin): challenge to asylum support rates.

Gallastegui v Westminster CC & Ors [2013] EWCA Civ 28, [2013] 1 WLR 2377, [2013] 2 All ER 579: Parliament Square protester.

Boosttower v Secretary of State for Business, Innovation and Skills (2012, Admin): procedural challenge alleging failure to consult in relation to establishment of ‘Enterprise Zones’ in the North East of England. (Sole counsel.)

Global Management Services Europe Ltd v Secretary of State for Business, Innovation and Skills (2012, Admin): Article 6 challenge to Secretary of State’s investigatory powers under the Companies Act 1948. (Sole counsel.)

Pelling v Secretary of State for the Home Department & Ors: instructed by the Attorney General for the Speaker of the House of Commons to defend parliamentary privilege. (Sole counsel.)

Bailey v Brent LBC [2011] EWCA Civ 1586, [2012] EqLR 168, [2012] BLGR 530, [2012] BLGR 530: ‘Brent Libraries’ case on the closure of libraries in Brent and the public sector equality duty.

VC & Ors v Newcastle City Council & Or [2011] EWHC 2673 (Admin) (Div Ct), [2012] 2 All ER 227, (2012) 15 CCL 194: lead case on primacy of section 17 Children Act 1989 duties over ‘section 4’ (asylum) support. (Sole counsel.)

RM v Secretary of State for Work and Pensions [2010] UKUT 220: social fund, funeral payments, religious discrimination. (Sole counsel.)

A v Croydon LBC & Or; M v Lambeth LBC & Or [2009] UKSC 8, [2009] 1 WLR 2557, [2010] 1 All ER 469, [2010] HRLR 9, [2010] UKHRR 63, [2010] BLGR 183, (2009) 12 CCL Rep; [2008] EWCA Civ 1445, [2009] BLGR 24; [2008] EWHC 1364 (Admin): lead ‘age assessment’ cases (as both sole and junior counsel).

R (Equitable Members Action Group) v HM Treasury [2009] EWHC 2495 (Admin) DC, (2009) 159 NLJ.

Veolia Waters v London Fire and Emergency Planning Authority [2009] EWHC 3109 (QB): incidence and content of statutory duty to maintain fire hydrants ‘in good working order’.

Taylor & Ors v Central Bedfordshire Council & Or [2009] EWCA Civ 613, [2010] 1 WLR 446, [2010] 1 All ER 516, [2009] BLGR 773: Article 8 ECHR as a defence to possession proceedings. (Sole counsel.)

Advisory work on draft amendments to primary legislation (eg in the fields of housing, mental health, social care, data protection and civil registration indexes).

Provided written Opinion for Liberty’s successful campaign challenging Westminster City Council’s proposal to ban ‘soup kitchens’ (2011).

Provided written Opinion for Liberty’s successful campaign challenging Oxford City Council’s proposals to introduce a public spaces protection order – criminalising begging and busking (June 2015).

Immigration and Asylum Law

Lead/country guidance cases in relation to safety of return to Somalia and Iraq, including – MA (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426, [2010] Imm AR 563 (asylum seekers, safety of route of return); MSM (Somalia) v Secretary of State for the Home Department & UNHCR (UT, 2015) (imputed political opinion and reasonableness of modification under the EU Qualification Directive) (appeal pending before the Court of Appeal); QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 807, [2011] 1 WLR 689, [2012] 2 All ER 971, [2010] Imm. AR 132 (subsidiary protection, ‘internal armed conflict’ and Article 15(c) of the EU Qualification Directive); HH (Mogadishu: armed conflict: risk) Somalia CG [2008] UKAIT 00091 and AA and AM (armed conflict: risk categories) Somalia CG [2008] UKAIT 00091, [2010] EWCA Civ 426, [2010] UKSC 49.

Lead cases under Dublin II Regulation on safety of return to EU Member State: NS v Secretary of State for the Home Department [2010] EWCA Civ 990, [2010] EqLR 183.

Lead case on UK obligation to cooperate with UNHCR in relation to the resettlement of Syrian and Iranian refugees: ST (Iraq); C1 & Ors v Secretary of State for the Home Department [2014] EWCA Civ 188 (2 joined appeals from [2013] EWHC 855 (Admin) and [2013] EWHC 2415 (Admin)).

Lead cases on the interpretation of statutory appeal rights including:

RA, BF v Secretary of State for the Home Department & Office of the Children’s Cmr (UT, Court of Appeal, judgments 13 and 22 April 2015): lead counsel – best interests of the child, and whether obligation to treat dependent child as having made own claim for international protection; statutory appeal rights and duties under the UN Convention on the Rights of the Child;

Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363, [2013] 1 WLR 922, [2013] Imm AR 210 – statutory appeal rights, deportation, family proceedings, Article 8 ECHR (sole counsel);

S v First-tier Tribunal & Or [2012] EWHC 1815 (Admin): EU procedural requirements – including the principle of effective protection of EU law rights and Article 6 ECHR in the application of the EU Procedures Directive (sole counsel);

Sapkota v Secretary of State for the Home Department [2011] EWCA Civ 1320, [2012] Imm AR 254: whether delay (in removal) going to interpretation of statutory appeal rights (sole counsel);

BA (Nigeria) & Or v Secretary of State for the Home Department [2009] UKSC 7, [2010] 1 AC 444, [2009] 3 WLR 1253, [2010] 2 All ER 95, [2010] Imm AR 363 (statutory appeal rights and asylum/human rights claims).

Recommendations


“delightful and excellent to work with” Chambers and Partners 2018 (EU law)

“Remarkable; she is quietly passionate, extremely intelligent and great to work with” Legal 500 2017 (Administrative and Public Law)

“Brilliant; her opinion is trustworthy and truly valuable” Legal 500 2017 (Civil Liberties)

“Persuasive, very knowledgeable and incisive on the law” Legal 500 2017 (EU law)

“A first-rate counsel” Legal 500 2016 (Public procurement law)

“She is exceptionally hard-working, and her preparation for cross examination is incredibly detailed.” (Chambers & Partners 2017)

“Her calm exterior belies real legal rigor and a steely ability to fight her client’s corner” (Legal 500, 2016)

“Her attention to detail is meticulous” (Legal 500, 2016)

“An outstanding advocate, whose detailed and fastidious preparation is exceptional” (Legal 500, 2016)

“She is really great; an excellent lawyer who is very hard-working and fantastic to work with.” (Chambers and Partners, 2016)

“one of the best drafters at the Bar” (Chambers and Partners, 2016)

“She has a profound, almost encyclopaedic, knowledge of EU law” (Legal 500, 2015)

“Clever, hard-working and very clued up” (Chambers and Partners, 2015)

“She has a wealth of experience in children’s rights” (Legal 500, 2015)

“She has a first-rate legal brain but combines it with the even rarer qualities of first-rate communication, common sense and kindness.” (Bar 100, Chambers & Partners 2014)

“Excellent; trusted by the Judges” (Legal 500, 2014)

“a deep knowledge of the area, and very good in court” (Legal 500, 2014)

“excellent, a first-rate EU lawyer” (Chambers and Partners, 2014)

“very talented and she knows her EU law inside out” (Chambers and Partners, 2014)

“very good on free movement and citizenship questions” (Chambers and Partners, 2014)

“concise, eloquent and unflappable” (Legal 500, 2013)

“outstanding in the field of children’s rights” (Legal 500, 2013)

“a rising star who is definitely one to watch” (Chambers and Partners, 2013)

“her burgeoning caseload reflects how good she is” (Chambers and Partners, 2013)

“an exceptionally bright individual with a real depth of EU knowledge across the board” (Chambers and Partners, 2013)

“extremely able, works hard and has a sophisticated yet practical approach to legal analysis” (Chambers and Partners, 2012)

“”a talented operator and a reassuringly regular sight” in EU and public procurement disputes”; “is engaged in some of the most complex procurement work around” (Chambers and Partners, 2011)

“someone you can really do business with” (Chambers and Partners, 2009)

“earns plaudits from competitors and clients for her “in-depth EU law knowledge” (Chambers and Partners, 2009)

“a highly impressive and increasingly prominent junior” (Chambers and Partners, 2008)

“recognised as a promising EU lawyer” and as “especially skilled at the overlap and intersection between state aid, procurement and competition law” (Chambers & Partners, 2007)

“well prepared, charming and a meticulous thinker” (Chambers & Partners, 2006)

Deok Joo's Practice Areas:


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