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"She is a star in the making." Chambers and Partners 2022

Rose has a multi-disciplinary practice. Her areas of expertise include environmental and planning law, procurement, public law, healthcare and public inquiries. In particular, Rose has applied her substantial commercial law experience to the public law field in the areas of government contracting, NHS commissioning and disputes concerning heavily regulated industries such as the energy sector.

Rose is highly regarded in all of her practice areas and is ranked in Chambers and Partners and The Legal 500. In recent years, she has appeared in some of the most high-profile cases concerning the environment, planning, procurement and NHS reconfiguration. She is an experienced advocate and regularly appears in the High Court, tribunals and public inquiries. Rose is a member of the Attorney General’s B Panel of Counsel and is currently instructed as junior counsel to the Grenfell Tower Inquiry and for NHS England in the Covid Inquiry.

Areas of expertise

Administrative and Public

Rose’s public law practice centres on healthcare, local government and procurement. In particular, Rose is able to bring her significant commercial experience to public law disputes with a commercial element, such as public sector contracting and healthcare commissioning. She also has a wealth of experience in service change and consultation challenges for local authorities and healthcare bodies. She acts regularly for NHS England and is junior counsel to NHS England in the Covid Public Inquiry. She is also junior counsel to the Grenfell Tower Inquiry. Rose is a member of the Attorney General’s B Panel of Counsel.

Cases of note

  • Hertfordshire County Council and others v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin) - High-profile case concerning whether local authorities and other public bodies could continue to hold meetings remotely once emergency coronavirus legislation authorising remote meetings expired. Rose acted for the Secretary of State, led by Jonathan Moffett QC.
    Judgment
  • Diagnostics.ai v Secretary of State for Health and Social Care and Others [2020] - Rose acted for the Secretary of State for Health and Social Care in a part 7 claim and linked judicial review relating to the procurement of software for Covid-19 testing.
  • R (on the application of Shepherd) v NHS Commissioning Board [2018] EWCA Civ 2849 - Rose acted for NHS England (led by Fenella Morris QC) in a challenge to the proposed payment mechanism in NHS England’s draft Integrated Care Provider contract. Rose also acted for NHS England in the related case of R (on the application of Hutchinson) v Secretary of State for Health and Social Care [2018] EWHC 1698 challenging new NHS models of care.
    Judgment
  • R (on the application of Woolcock) v Secretary of State for Communities and Local Government [2018] EWHC 17 - Rose acted for the claimants in a series of linked judicial reviews where women had been unlawfully imprisoned for failure to pay council tax (led by Cathryn McGahey QC). Following the judicial review, the Welsh Government decided to end imprisonment for failure to pay council tax.
    Judgment

Commercial

Rose specialises in commercial disputes involving public bodies. Earlier in her career she acted in several multi-million pound construction arbitrations, and linked High Court proceedings, acting for the Ministry of Defence. She also has experience of international arbitration in London and Singapore in the field of construction, energy and international sale of goods. She regularly acts for public sector clients including local authorities, NHS bodies and central government departments. Recent work includes acting for NHS commissioners in disputes with GP partnerships, disputes arising out of contracts entered into to support the government’s Covid-19 response and disputes arising under private finance initiative (PFI) waste contracts.

Cases of note

  • Agoe & Ali v Medicus Health Partners - Rose acted for a medical partnership in proceedings arising from a caretaker primary medical services (GP) contract raising issues of breach of contract and unjust enrichment.
  • Diagnostics.ai v Secretary of State for Health and Social Care and Others [2020] - Rose acted for the Secretary of State for Health and Social Care in a part 7 claim and linked judicial review relating to the procurement of software for Covid-19 testing.
  • R (on the application of Shepherd) v NHS Commissioning Board [2018] EWCA Civ 2849 - Rose acted for NHS England (led by Fenella Morris QC) in a challenge to the proposed payment mechanism in NHS England’s draft Integrated Care Provider contract. Rose also acted for NHS England in the related case of R. R (on the application of Hutchinson) v Secretary of State for Health and Social Care [2018] EWHC 1698 challenging new NHS models of care.
    Judgment
  • NHS Expert Determination [2018] - Rose acted for a Clinical Commissioning Group in a multi-million pound contract dispute relating to payment which was resolved by way of expert determination.
  • International Sale of Goods Arbitration [2017] -  Led by Clare Blanchard QC, Rose acted in a multi-million pound arbitration relating to international sale of goods in the mining industry.

Energy and Natural Resources

Rose’s expertise in this area span environmental and planning law and commercial law. She acts for developers, government and regulators. Her experience includes: electricity transmission, fracking, offshore and onshore wind, geothermal energy, hydroelectric, nuclear, energy from waste and PFI projects.

Environment

Rose is considered one of the leading juniors in environmental law and is ranked in Chambers and Partners and The Legal 500. Her areas of expertise include contaminated land, habitats regulations, marine development, air quality and heritage. Rose acts for claimants and defendants in environmental judicial reviews and has worked with some of the leading silks in the field and as sole counsel. In addition to reported cases, she has secured successful outcomes for the Wildlife Trusts in two offshore wind development consent order cases: Hornsea 2 and Hornsea 3. She also acted for the claimants in the Heathrow third runway challenge.

Cases of note

  • R (on the application of Save Stonehenge World Heritage Site) v Secretary of State for Transport [2021] EWHC 2161 - Challenge to the Secretary of State’s decision to grant a development consent order for the construction of a tunnel under Stonehenge. Rose acted for the Secretary of State, led by James Strachan QC.
    Judgment
  • Powys CC v Price [2017] EWCA Civ 1133 - Part 8 claim concerning the meaning of “appropriate person” under the Environmental Protection Act 1990 contaminated land regime. Rose acted for the local authority, led by Stephen Tromans QC.
    Judgment
  • Client Earth v Secretary of State for Environment, Food and Rural Affairs [2016] EWHC 2740 - Acted for the Mayor of London (led by Stephen Tromans QC) in ClientEarth’s challenge to the government’s Air Quality Plan.
    Judgment

Healthcare

Rose has a significant healthcare practice and acts in in both public law and commercial healthcare claims. She is regularly instructed by NHS England. Recent work includes a number of GP partnership disputes, consultation issues arising from service reconfiguration, challenges to commissioning decisions, procurement claims and challenges to NHS policy. She represents clients in court, alternative dispute resolution and in the Primary Care Appeals process. She also has a specialism in fertility law and has acted in some of the leading cases in this area. Rose is junior counsel to NHS England in the Covid Public Inquiry.

Cases of note

  • Agoe & Ali v Medicus Health Partners [2021] - Rose acted for a medical partnership in proceedings arising from a caretaker primary medical services (GP) contract raising issues of breach of contract and unjust enrichment.
  • Diagnostics.ai v Secretary of State for Health and Social Care and Others [2020] - Rose acted for the Secretary of State for Health and Social Care in a part 7 claim and linked judicial review relating to the procurement of software for Covid-19 testing.
  • R (on the application of Shepherd) v NHS Commissioning Board [2018] EWCA Civ 2849 - Rose acted for NHS England (led by Fenella Morris QC) in a challenge to the proposed payment mechanism in NHS England’s draft Integrated Care Provider contract. Rose also acted for NHS England in the related case of R. (on the application of Woolcock) v Secretary of State for Communities and Local Government [2018] EWHC 17 challenging new NHS models of care.
    Judgment
  • NHS Expert Determination [2018] - Rose acted for a Clinical Commissioning Group in a multi-million pound contract dispute relating to payment and quantum meruit which was resolved by way of expert determination.
  • R(on the application of Whapples) v Birmingham CrossCity Clinical Commissioning Group [2015] EWCA  Civ 435 - Led by Fenella Morris QC. Case concerning the interpretation and application of s3 NHS Act 2006 and the meaning of “other accommodation”.
    Judgment
  • Brennan v South London and Maudsley NHS Foundation Trust - Claim concerning the duty to undertake an effective investigation pursuant to article 2 of the European Convention on Human Rights (ECHR).
  • Warren v Care Fertility (Northampton) Ltd [2014] EWHC 602 - Led by Jenni Richards QC. Claim by a widow seeking to use her deceased husband’s frozen sperm to create embryos. Since this case, Rose has been instructed by instructed by individuals and fertility clinics on issues of the storage and use of gametes, parenthood and 8 ECHR.
    Judgment

Inquiries and Investigations

Rose is an experienced inquiry advocate and has a wealth of experience in statutory inquiries and planning inquiries. She is currently junior counsel to the Grenfell Tower Inquiry and junior counsel to NHS England in the Covid Public Inquiry.

Cases of note

  • Grenfell Tower Inquiry - Rose joined the Grenfell Tower Inquiry counsel team shortly after the inquiry was set up. In Phase 1, she led a large team of counsel on disclosure and document review and was the lead junior on expert evidence issues. In Phase 2, she is the lead junior for module 1 of phase 2, which is investigating with the design and construction of the refurbishment of the tower and the cladding. She has also questioned experts and lay witnesses at inquiry hearings in Phase 1 and Phase 2.
  • Covid 19 Inquiry - Rose is junior counsel to NHS England in the Covid Public Inquiry, led by Eleanor Grey QC and Jason Beer QC.
  • Brennan v South London and Maudsley NHS Foundation Trust [2015] EWHC 1823 - Claim concerning the duty to undertake an effective investigation pursuant to article 2 ECHR and the relationship between NHS internal investigations and inquests.

Local Government

Rose has a broad local government practice with expertise in planning, procurement and public sector contracting. She is regularly instructed in commercial disputes between service providers and local authorities. Recent work includes advising on a series of PFI contracts for waste disposal services, acting for an economic operator in a procurement challenge to a contract for provision of youth services, and acting for the Secretary of State for Levelling Up, Housing and Communities (formerly MHCLG) in a high-profile application to the High Court concerning whether local authorities could continue to hold meetings remotely once emergency coronavirus legislation expired.

Cases of note

  • Hertfordshire County Council and others v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin) - High-profile case concerning whether local authorities and other public bodies could continue to hold meetings remotely once emergency coronavirus legislation authorising remote meetings expired. Rose acted for the Secretary of State, led by Jonathan Moffett QC.
  • Powys CC v Price [2017] EWCA Civ 1133 - Part 8 claim concerning the meaning of “appropriate person” under the Environmental Protection Act 1990 contaminated land regime. Rose acted for the local authority, led by Stephen Tromans QC.
    Judgment
  • Client Earth v Secretary of State for Environment, Food and Rural Affairs [2016] EWHC 2740 - Acted for the Mayor of London (led by Stephen Tromans QC) in ClientEarth’s challenge to the government’s Air Quality Plan.
    Judgment

Planning and Property

Rose is a highly-regarded junior with experience in all areas of planning law, High Court work and planning inquiries. She has also acted as prosecution and defence counsel in criminal enforcement matters. Rose has significant experience in development consent order work acting for interested parties and, most recently, acting for the Secretary of State for Transport in the Stonehenge challenge. Rose has particular expertise in offshore wind development, transport/infrastructure, higher education/universities, heritage, habitats, air quality and noise issues. As a member of the Attorney General’s B Panel of Counsel, Rose regularly advises and acts for central government in planning matters.

Cases of note

  • R (on the application of Save Stonehenge World Heritage Site) v Secretary of State for Transport [2021] EWHC 2161 - Challenge to the Secretary of State’s decision to grant a development consent order for the construction of a tunnel under Stonehenge. Rose acted for the Secretary of State, led by James Strachan QC.
    Judgment
  • Hornsea 3 Windfarm [2020] - Rose assisted the Wildlife Trusts with a letter of representation to the Secretary of State following the publication of a “minded to grant” letter for the Hornsea 3 windfarm. The letter successfully persuaded the Secretary of State to revise his conclusion that there was no adverse effect on protected sandwave habitat.
  • R (on the application of Hillingdon LBC) v Secretary of State for Transport [2017] 1 WLR 2166 - Rose acted for a group of claimants (led by Nigel Plemming QC and Richard Wald QC) in a challenge to the decision to include the Heathrow third runway as one of the options for inclusion in the Aviation National Policy Statement.
    Judgment
  • Hornsea 2 Windfarm [2016] - Rose acted for the Wildlife Trusts and successfully secured a condition naming the Wildlife Trusts as a consultee on mitigation measures for the Hornsea 2 offshore wind development.
  • Client Earth v Secretary of State for Environment, Food and Rural Affairs [2016] EWHC 2740 - Acted for the Mayor of London (led by Stephen Tromans QC) in ClientEarth’s challenge to the government’s Air Quality Plan.
    Judgment
  • University of Sussex [2015] - Rose acted for the University of Sussex in a successful appeal against the refusal of permission for its masterplan (led by James Strachan QC), which raised issues of heritage, landscape and student housing.

Procurement

Rose is an established junior at the procurement bar, acting for contracting authorities and economic operators and brings a wealth of experience in the related areas of public law, healthcare and local government. Recent work includes acting for the claimant in a challenge to a contract for youth services, representing the Secretary of State for Health in a Covid-19 procurement challenge and acting for the claimant in a challenge to a contract for diagnostic imaging services. As a member of the Attorney General’s B Panel of Counsel, Rose also advises government departments on procurement matters.

Cases of note

  • Diagnostics.ai v Secretary of State for Health and Social Care and Others [2020] - Rose acted for the Secretary of State for Health and Social Care in a part 7 claim and linked judicial review relating to the procurement of software for Covid-19 testing.
  • InHealth v NHS Central London CCG and Others (2019) - Challenge by the incumbent provider of the decision to award a new diagnostic imaging contract. Led by Deok Joo-Rhee QC
  • Duty Solicitors Scheme Litigation (2016) - Rose acted for the Lord Chancellor (led by Sarah Hannaford QC and Fiona Scolding QC) in the duty solicitors scheme litigation, which sought to challenge the award of criminal legal aid contracts for duty solicitors services. The case was named as one of The Lawyer’s top 20 cases of 2016.

Recommendations

“She is a star in the making.” Chambers and Partners 2022

“An experienced and knowledgeable environmental barrister, whose calm and logical approach is reassuring to clients.” The Legal 500 2022

“Offers sound, strategic advice.” Chambers and Partners 2020

“She has a good brain and is a strong advocate” Chambers 2020