Bratby Law provides specialist regulatory input to litigation teams running disputes with a major telecoms, data or payments element. We support the firm conducting the case; we do not conduct the litigation. The instructing team keeps the client relationship and the strategy. We supply the regulatory analysis needed to frame the pleadings, evidence and regulatory strategy accurately.

Who this is for

Litigation teams at UK and international law firms whose case turns on a regulated sector, and in-house disputes teams that need sector-regulatory depth alongside their external litigators. Input is delivered as white-label or attributed specialist advice. We complete a conflicts check before accepting an instruction, while the instructing team retains the client relationship, overall strategy and conduct of the matter.

Typical triggers

A dispute referred to Ofcom for determination, or an appeal of a determination to the Competition Appeal Tribunal. A regulatory decision that needs challenging by judicial review. A follow-on damages claim resting on a regulatory determination. Pleadings or evidence that turn on the correct reading of the General Conditions, UK GDPR or the payments regime. A tribunal or court that needs the regulatory framework explained accurately.

What we deliver

Analysis of the regulatory regime in issue so pleadings and evidence rest on an accurate reading of the law. Support through Ofcom dispute determinations and appeals to the CAT, judicial review of regulator decisions, and follow-on damages claims. Advice on engagement with Ofcom, the ICO, the FCA and the PSR while proceedings run.

Expert witness services

Rob Bratby accepts instructions as an expert witness in his specialist areas: UK telecoms regulation, data protection and payments regulation. That includes expert reports and testimony on English law and UK regulatory practice for foreign courts and international arbitration, and expert-style analysis supporting domestic proceedings. Expert instructions are accepted only where independent of any advisory role in the matter.

Need specialist regulatory co-counsel for your dispute?

If your case turns on UK telecoms, data protection, payments or digital-markets regulation, we can provide focused regulatory input within your case strategy and timetable. We support the team conducting the proceedings; we do not conduct the litigation. Schedule an initial call to discuss how we can support your dispute.

Related specialist co-counsel pages

See also our other specialist co-counsel pages:

• Consultant Support
• English Law Local Counsel
• Specialist Co-counsel (overview)

Representative experience

Rob Bratby acted on the partial private circuits (PPC) dispute, in which the Competition Appeal Tribunal upheld Ofcom’s determinations requiring BT to repay some £42 million of overcharges, and on the follow-on Ethernet charges disputes brought by communications providers against BT through Ofcom determinations and CAT appeal. That work sits behind the disputes support Bratby Law offers today: deep familiarity with how regulatory determinations are made, challenged and defended, applied now across telecoms, data and payments.

Frequently asked questions about disputes co-counsel

Do you conduct the litigation?

No. The instructing firm keeps conduct of the case. We join the team as specialist regulatory co-counsel: we analyse the regime in issue, review pleadings and evidence on regulatory points, and support the advocacy team on the regulatory framework.

Can you act as an expert witness?

Yes, in our specialist areas: UK telecoms regulation, data protection and payments regulation. Expert instructions are taken independently of any advisory role, and include reports and testimony for foreign courts and international arbitration on English law and UK regulatory practice.

What disputes experience do you bring?

Senior experience of the leading UK telecoms pricing disputes, including the PPC dispute and the follow-on Ethernet disputes, through Ofcom determinations and appeals to the Competition Appeal Tribunal.

How is co-counsel input delivered?

As white-label or attributed specialist advice, integrated into your case timetable. We complete a conflicts check before accepting an instruction.