Jonathan Tickner

Who? Jonathan Tickner, head of fraud and commercial disputes, Peters & Peters, London.

Why is he in the news? Acted for the health secretary and NHS Business Services Authority in what the firm described as a ‘major victory’ in a lengthy and ongoing case against French pharmaceutical giant Servier. Following a trial on preliminary issues, the High Court ruled against Servier’s attempt to limit damages owed for alleged infringements of competition law in relation to the sale and supply of a widely prescribed blood pressure drug. A full trial cannot take place until European proceedings, including an appeal by Servier, have been determined.

Thoughts on the case: ‘While Servier has already been found by the European Commission and General Court to have committed a very serious breach of competition law (estimated to have cost the NHS hundreds of millions of pounds), in this case they were arguing for damages to be significantly reduced. Their reasoning – to the unease of many observers – was that the wider NHS should have taken steps to avoid purchasing their more expensive product.

‘The High Court ruled against this attempt, with the judge making an important note that “a disinterested observer might find it surprising that such arguments would be advanced by a defendant found to have committed a very serious infringement of competition law”.

‘Having already lost hundreds of millions of pounds, the NHS will now be able to avoid being dragged further into cost- and time-intensive disputes, and it finally paves the way for a trial on the full losses suffered.’

Dealing with the media: ‘This has been a very long-running dispute, spanning over a decade and there has been sustained media interest. When working with a public authority, you have to walk a fine line with what you can publicly say. But it’s great to now be at a juncture where we can discuss the case more openly and celebrate a win for the NHS.’

Why become a lawyer? ‘It was this or becoming a film scriptwriter.’

Career high: ‘It’s a toss-up between working with the Department of Health over the past 20 years and, more generally, watching Peters & Peters go from strength to strength. Next year will be my 30th anniversary with the firm.’

Career low: ‘Two colleagues and I had to traverse the longest bridge in Africa in the midst of one of the country’s deadliest storms. Not sure my advice in the client meeting that followed was that cogent or meaningful.’

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