Mathew Gullick

Call 2003
Email mathew.gullick@3pb.co.uk
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Mathew Gullick’s practice is focused on public law, employment and commercial matters.  His advocacy and advisory practice has seen him both advise on and appear in proceedings in Courts and Tribunals at all levels, and he also acts as a representative in mediations.
 
Mathew is also frequently instructed both on costs issues and on procedural points across the entire spectrum of civil litigation, including in group litigation; he has been specialist costs Counsel for the Ministry of Defence in the Iraqi Civilian Claimants Litigation and the Atomic Veterans Litigation (in the latter making written submissions on costs to the UK Supreme Court).  Mathew also undertakes asset forfeiture work (including on human rights issues) in both the criminal and civil jurisdictions, reflecting the crossover between his commercial and public law practice.
 
Mathew was appointed to the Attorney-General's B Panel of Junior Counsel to the Crown in civil matters in March 2012, following four years on the C Panel.
 
For more information on Mathew’s practice, please see his specialist profiles.

Cases of note include:

Court of Appeal

• R v Lambert & Walding [2012] EWCA Crim 421 (so-called “multiple recovery” not a breach of the appellants’ rights under Article 1 Protocol 1 of the ECHR, where drug producers each required to pay confiscation orders in the full amount of their joint benefit from offending, under the Proceeds of Crime Act 2002) 
• Secretary of State for Work and Pensions v Cattrell [2011] EWCA Civ 572 (requirements for the grant of permission to appeal from the Upper Tribunal to the Court of Appeal; cited in Civil Procedure [the “White Book”].
• Harris v Registrar of Approved Driving Instructors [2010] EWCA Civ 808, [2011] RTR 1 (scope of "fit and proper person" test for entry onto Government register of driving instructors; requirements of natural justice and of the ECHR applicable to "informal" appeal hearing before tribunal)
• R (Compton) v Wiltshire PCT [2008] EWCA Civ 749, [2009] 1 WLR 1436 (criteria and procedure for making and setting aside protective costs orders; scope of “general public importance” test; definition of “compelling reason” for setting aside order made on the papers; formal requirements for agreement under CPR 23.8 to paper determination of application cited in Civil Procedure [the “White Book”]).

High Court

• R (on the applications of (1) Syed & (2) Ahmed) v Secretary of State for the Home Department [2013] EWHC 984 (Admin), Lawtel 7th May 2013 (Holman J: the ACCA Professional Level Qualification was not a “UK recognised bachelor or postgraduate degree” so did not qualify for the award of points under the Tier 1 (Post-Study Work) route in the Points-Based System)
• R (on the application of Londonvi) v Secretary of State for the Home Department [2013] EWHC 185 (Admin), Lawtel 21st January 2013 (Leggatt J: human rights claim of serial offender subject to deportation was clearly unfounded, applying the Maslov criteria).
• R (on the application of Momoh) v Secretary of State for the Home Department [2012] EWHC 3740 (Admin), Lawtel 7th January 2013 (HHJ Birtles: claimant’s detention pending deportation from November 2009 onwards was lawful for 30 months and unlawful for 6 months; whether realistic prospect of removal within reasonable period of time; whether UKBA acted with reasonable expedition).
• E-Nik Ltd v Department for Communities and Local Government [2012] EWHC 3027 (Comm), Lawtel 7th November 2012 (Burton J: construction of contract for the provision of IT services to Government department; whether obligation to purchase minimum amount of consultancy services; whether clauses relied on by claimant amounted to a penalty; whether minimum price was inclusive or exclusive of VAT; applicability of Late Payment of Commercial Debts (Interest) Act 1998).
• R (on the application of Adetoro) v Secretary of State for Justice [2012] EWHC 2576 (Admin), [2013] ACD 16 (HHJ Gilbart QC: lawfulness of decision to revoke earlier decision accepting Parole Board recommendation for move of Category A prisoner to open conditions).
• R (on the application of Mvuma) v Secretary of State for the Home Department [2011] EWHC 3650 (Admin) (HHJ Oliver-Jones QC: claimant was found to have been lawfully detained for a total period of 15 months; UKBA acted lawfully in delaying release to ensure necessary conditions for management of the Claimant in the community were put in place to comply with medical advice in case involving a complex background of mental illness).
• Moss v KPMG LLP [2010] EWHC 2923 (Admin), Lawtel 14th October 2010 (Ouseley J: statutory appeal under section 17 of the Audit Commission Act 1998 following auditor’s refusal to apply for declaration as to unlawful item of account; lawfulness of parking enforcement penalties imposed on motorists by local authority)
• R (Compton) v Wiltshire PCT [2009] EWHC 1824 (Admin), Lawtel 28th July 2009 (Cranston J: judicial review of Primary Care Trust's decisions in respect of facilities at Savernake Hospital in Marlborough; lawfulness of consultation process; principles to be applied where apparent bias of advisers alleged to vitiate decisions made by public authorities)

Employment Appeal Tribunal

• Franco v Bowling & Co Solicitors UKEAT/0280/09, Lawtel 17th February 2010 (HHJ McMullen QC: Employment Judge at a Case Management Discussion has no power to impose a limit on the extent of a claimant's pleaded allegations of discrimination; unfair and unreal in the circumstances to limit pleaded allegations of discrimination over the whole six years of employment to the last two years only)
• Premier Groundworks Ltd v Jozsa UKEAT/0494/08, Lawtel 14th April 2009 (Silber J: definition of "worker" under the Working Time Regulations 1998; requirement to perform work personally under the contract; whether one contracting party was a customer of the other's business)
• Butler v GR Carr (Essex) Ltd UKEAT/0128/07, Lawtel 17th January 2008 (HHJ McMullen QC: extent of discretion of Employment Tribunal in awarding statutory uplift for failure to comply with statutory dismissal procedure; burden of proving reason for dismissal; correctness of Polkey exercise)

County Courts

• Samuel v (1) Swansea City Council (2) Europ Assistance Insurance Ltd, Lawtel 3rd September 2008 (HHJ Vosper QC: defendant’s application for non-party costs order against claimant’s legal expenses insurer)
• England v (1) Burnley Healthcare NHS Trust (2) Amicus Legal Ltd, Lawtel 27th March 2008 (HHJ Appleton: defendant’s application for non-party costs order against claimant’s legal expenses insurer)

Mathew is also frequently instructed on costs issues across the spectrum of civil litigation. He has been instructed on numerous high value costs matters, including multi-million pound costs claims in group litigation. Mathew's work in this field has included both Queen's Bench and Chancery matters as well as Tribunal proceedings; his costs practice has, for example, seen him involved in detailed assessment proceedings, advising on costs in a multi-party judicial review claim, advising on an application for a costs capping order, making successful applications for protective costs orders in the Administrative Court, and successfully opposing applications for non-party costs orders against legal expenses insurers.

Mathew also has extensive experience of advising and appearing on jurisdictional and procedural issues, including in relation to many of the more obscure provisions of the CPR, the RSC and the CCR. Several of his cases are cited as precedents in the leading textbooks on civil procedure. He has appeared in several contempt of court matters in the High Court. Mathew’s practice also extends to the law relating to the enforcement of judgments, including the powers and liabilities of enforcement officials. He has twice conducted the oral examination of judgment debtors in the High Court, and has successfully obtained committal orders in linked contempt of court proceedings. Mathew has also represented a judgment debtor in High Court proceedings brought to set aside an order for oral examination.

Mathew is an active member of the Bar Pro Bono Unit, and was nominated for the Bar Pro Bono Award in 2007, 2009 and 2011, on the second occasion receiving a special commendation from the judging panel. He was a member of the Gray’s Inn team that won the 2003 Inter-Inn Mooting Competition, and went on the Inn’s biennial mooting tour of the USA in September 2003.

Publications

"Corner House Revisited: The Law Governing Protective Costs Orders", Judicial Review March 2009, [2009] JR 43

"Cutting Back on Custody", New Law Journal 11th February 2005, (2005) 155 NLJ 220

'The Criminal Justice Act 2003: Sentencing and Early Release of Fixed-Term Prisoners', Criminal Law Review August 2004, [2004] Crim LR 653

'Political Donations and Political Expenditure by Companies: The Authorisation and Disclosure Requirements of the Companies Act 1985', Business Law Review March 2003, (2003) 24 Bus LR 48

'Sentencing and the Home Detention Curfew Scheme', Criminal Law Review May 2002, [2002] Crim LR 391

Mathew has also assisted with the Third Edition (2004), Fourth Edition (2006) and Fifth Edition (2009) of "Understanding the Law" by His Honour Judge Geoffrey Rivlin QC (Oxford University Press).