James Flynn KC

16/10/24

James joined Brick Court Chambers in 1996, following a distinguished career at Linklaters in Brussels and London, punctuated by three years as référendaire to Advocate General Slynn at the European Court in Luxembourg.  His example and his support encouraged others in chambers to follow similar paths: we have several ex-Linklaters and several former référendaires in our number. With his fluent French and network of friends and professional contacts across Europe, James made the Bar seem less parochial – indeed, fun. One member of chambers remembers that, on his arrival, James “brought Brussels glamour and immediately started transforming his room on the top floor of Devereux Court with his customarily elegant furniture and pictures”.

Once at Brick Court, James – together with the other “Euro” stalwarts, including David Vaughan, Gerald Barling, Nicholas Green, David Anderson and Fergus Randolph – established European and competition law as a serious practice area for chambers and inspired dozens of others to join in, long before competition law became fashionable. James’ practice was innovative (he acted in many of the early competition claims in the English Courts, including Courage v Crehan with hearings in the House of Lords and ECJ, 2Travel v Cardiff Bus – the first award of competition damages in this jurisdiction, and in Insurance Brokers v DGFT – the first ever case before the Competition Appeal Tribunal). It was also high-profile: James argued numerous landmark cases before the European Courts, including Microsoft/Commission, presaging the giant tech cases to come, favourites of academic commentators like ICI/Soda Ash -where he acted for the Commission- and Akzo Nobel, as well as headline-hitting cases such as FIFA/UEFA v Commission on free-to-air sports broadcasting. The quality of James’ practice remained stellar throughout his career. His work in FRAND litigation was groundbreaking; he recently led the team which achieved certification for the Road Haulage Association in the collective action in Trucks; and he sought recompense for Brazilian orange farmers who had suffered loss as result of the orange-juice cartel in Brazil.

James’ involvement in the law and in chambers did not stop at arguing cases: he wrote and contributed to several books, including with other members of chambers; he was a regular judge of the European Law Moot Court, inspiring generations of young EU lawyers; he was an active Bencher of the Middle Temple which lowered its flag upon learning of James’ death; he provided huge support to juniors; and he organised the David Vaughan lecture series in memory of one of his own mentors. In short, James participated fully in every aspect of Brick Court Chambers’ life. 

James was a deeply cultured man who appreciated and wrote poetry, some of which was published, and who loved music. He was a constant and generous supporter of the Temple Music Foundation from the moment it started in 2002 until his death; he sponsored the Orchestra of the Age of Enlightenment and various orchestral chairs; and he could be relied upon to give insightful reviews of almost any Glyndebourne production. James also had a wonderful singing voice, though when he was asked recently to participate in a Chambers’ ‘talent’ event which was intended to be “contemporary and upbeat”, he thought for a moment and said – completely deadpan – “Do you know any Brahms?”.

James was valued by clients and colleagues for his incisive intelligence, good judgment and his “combination of sweetness of manner and utter steel when required”. He was loved by us, his colleagues in chambers, for being “the most civilised and good-humoured of colleagues”, “who always gave so generously of his time, personal encouragement and humour to everyone”, who had a “brilliant sense of humour”, a man “who could not have been a more supportive, erudite or kind mentor”. We will miss him very much.