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2007 NEWS

Paul Lasok QC Writes for Legal Week
15 November 2007
In view of his renowned practice in EC law, Legal Week asked our Head of Chambers, Paul Lasok QC, to share a few thoughts on the current hot topic of an EU referendum.  For more information on this opinion piece, published in the 15th November 2007 issue, see www.legalweek.com To read the ...

Leading Set Recommendations
9 November 2007
Chambers UK continues to highlight us as a leading set for Competition, EU, Procurement, Tax and Telecommunications with further recommendations in Admin & Public Law, Construction, Environment and Sport. Just a few quotes are "Universally acknowledged to be 'one of the best sets in the UK' Monckton Chambers is firmly established as ...

Yukos Bankruptcy Liquidator's Acts Invalidated in the Netherlands
2 November 2007
On 31 October 2007 the District Court of Amsterdam gave a landmark judgment on the non-recognition of foreign insolvency proceedings.  The court refused to recognise the authority of a Russian bankruptcy liquidator appointed in respect of Yukos Oil Co to vote the shares of the Yukos' Dutch subsidiary, Yukos Finance BV.  The court held ...

Court of Appeal Defines Limits of Resident Rights of EU Citizens
26 October 2007
In its Judgment of 25th October 2007 the Court of Appeal held that parents with third country national status cannot rely on EC law to claim a right of residence in the UK on the basis that they have a child who is a national of a Member State and a citizen with EU and who can only exercise his right to reside within the EU if he is supported ...

The Council of Europe Strengthens the Legal Framework for Civil Society in Europe
17 October 2007
In October 2007 the Committee of Ministers of the Council of Europe adopted a Recommendation to member states on the legal status of non-governmental organisations in Europe (CM/Rec(2007)14). This is the first international legal instrument that targets the legislator, the national authorities and the NGOs themselves.  It aims to ...

Two Prestigious Awards for our Members
5 October 2007
Sir Jeremy Lever KMCG QC received the special award for 'Lifetime Achievement' at the Chambers Bar Awards where the spotlight was put on his half century of practice at the Bar: "...Fittingly for a lawyer called in 1957, the Year the Treaty of Rome was signed, he has made his name in the field of Competition and European Law, earning the ...

European Commission Fines Visa £10.2 million
3 October 2007
On 3rd October 2007 the European Commission fined Visa for infringing Art 81 of the EC Treaty and Art 53 of the EEA Agreement.  In 2000 Morgan Stanley complained to the Commission about Visa's refusal to admit Morgan Stanley Bank ("MSB") in the UK as a member of Visa.  Visa followed an internal rule of not admitting an ...

Two New Tenants
1 October 2007
Monckton Chambers is delighted to welcome two new tenants after the successful completion of their pupillage on 2nd October 2007.  Both Fiona Banks and Ewan West have gained valuable experience outside the Bar which supports our beliefs of being a progressive and forward thinking set which understands the commercial pressure its ...

Book News ~ "UK Competition Procedure - The Modernised Regime"
29 September 2007
This book, published by Oxford University Press in March 2007, provides readers with a comprehensive reference to the procedures for the enforcement of competition law in the UK following the implementation of the EC modernisation regulation which came into effect on 1 May 2004.  It deals with topics such as leniency, enforcement, ...

Firebuy Resists Heat Brought On By Procurement Injunction Challenge
28 September 2007
Firebuy, a non-departmental public body sponsored by the Department for Communities and Local Government, has successfully resisted an application for an interim injunction in a procurement claim by Lion Apparel.  The injunction, if granted, would have prevented Firebuy from entering into a contract for the supply of a new national uniform ...

Ex-Works Argument Dispatched by the ECJ
27 September 2007
Case C-409/04, The Queen, on the application of Teleos plc and others v HMCE The applicants were UK mobile phone traders who had supplied phones to a Spanish company.  The goods' destination was France or Spain and the traders argued that by placing the goods at the purchasers' disposal at a UK bonded warehouse ...

Calltel Telecom Ltd and Opto Telelinks (Europe) Ltd ~ News Update
14 September 2007
Following the ECJ's judgment in Kittel v Belgium, the scope and application of the "means of knowledge" ("MoK") test in cases of "Missing Trader Intra-Community" VAT fraud ("MTIC" or "carousel" fraud) has been considered twice at interim hearings in UK cases: in Dragon Futures Limited (Decision of the VAT & Duties Tribunal dated 10 ...

Premier League Panel's Ruling on Heinze Transfer
29 August 2007
After a two-day hearing on 20th and 21st August 2007 the Premier League's Arbitration Panel decided that Manchester United would not be forced to sell Gabriel Heinze to Liverpool. The arbitration centred on a letter dated 13th June 2007 which according to Heinze gave him written permission to pursue a transfer to another ...

Welsh Water Allowed to Appeal CAT Decision
20 August 2007
The Court of Appeal (Rix, Thomas LJJ) has granted D?r Cymru Cyfyngedig (Welsh Water) permission to appeal against two judgments of the Competition Appeal Tribunal (CAT) in Albion Water Ltd v Water Services Regulation Authority.  The permission is limited to two issues, namely whether: the CAT applied the wrong legal ...

Successful Challenge to NICE on Access to Alzheimer's Drugs
10 August 2007
Today the High Court handed down judgment in the case of R (Eisai Ltd) (Alzheimer's Society & Shire Ltd, Interested Parties) v. the National Institute for Health and Clinical Excellence.  In her judgment, Mrs Justice Dobbs ruled that NICE had failed in its duty to ensure that its guidance was not discriminatory and that there ...

Competition/EU Set of the Year Nomination
26 July 2007
We are delighted to announce that Monckton Chambers has been nominated as "Set of the Year" for Competition and EU for the third year running as part of the Chambers Bar Awards 2007 held in recognition of the high quality work done at the Bar.  These nominations are the result of research conducted for the next edition of Chambers ...

CAT Dismisses Brannigan Appeal
26 July 2007
On 26 July 2007, the Competition Appeal Tribunal unanimously dismissed an appeal brought by a local newspaper proprietor,  Mr. Brannigan, which challenged the OFT's refusal to investigate a complaint under the Competition Act 1998. Mr. Brannigan complained to the OFT that two rival publishers, Newsquest and Johnston Press had ...

Tour Operators Challenge Air Passenger Duty
19 July 2007
Judgment is expected in September in R(Federation of Tour Operators) v HM Treasury. The Federation of Tour Operators challenged the recent increase in the rate of Air Passenger Duty, a tax upon the carriage of passengers by air, which is typically passed on by airlines to their passengers.   Tour Operators ...

Lords Rewrite the Law on Debt Repayment
18 July 2007
On 18 July 2007 the House of Lords gave judgment in Sempra Metals Ltd v. HMRC [2007] UKHL 34, the latest instalment in the long running Advance Corporation Tax ('ACT') group litigation.  The decision has already been described as having rewritten the law on debt repayment (The Times, 18 July 2007). Sempra, formerly ...

£30m Damages against the Commission
12 July 2007
On 12 July the Court of First Instance in Luxembourg awarded over 100 individuals, largely from Britain, substantial damages against the European Commission.  It ordered the Commission to pay almost £30m in relation to two linked sets of claims.  The individual claimants all worked at the EU's nuclear fusion project ...

CFI Rejects Bouygues State Aid Challenge
5 July 2007
The Court of First Instance (CFI) rejected a state aid challenge by Bouygues, one of the mobile phone operators in France, on 4th July 2007 against a decision of the European Commission which had found that the grant of 3G licences in France to France Telecom and SFR involved no aid. France had retrospectively reduced the price of the ...

House of Lords Gives Judgment in Lonsdale v Howard & Hallam
4 July 2007
The House of Lords delivered its judgment in the test case on commercial agents' compensation under Regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 on 4th July 2007. The House of Lords (Lord Hoffmann giving the lead Opinion, with the other members concurring) upheld the Court of Appeal's approach that ...

Alzheimer's Patients Fight New Rules on Drug Availibility
29 June 2007
At the end of June hearings took place in R(EISAI) and Alzheimer's Society v NICE.    The case concerns a challenge to guidance issued by the National Institute for Health and Clinical Excellence ("NICE") which restricts the availability of drugs which serve to inhibit the symptoms of Alzheimer's Disease. This is the ...

ECJ Ruling in £3 billion Hutchison 3G VAT Case
26 June 2007
C-369/04: Hutchison 3G & C-284/04: T-Mobile Austria A ruling by the ECJ on 26th June means that Revenue and Customs will not have to pay a VAT claim for over £3 billion brought by the winners of the third generation mobile phone spectrum auction in 2000.  The mobile phone companies had ...

Arriva Found Not Dominant
19 June 2007
The High Court gave judgment in the case of Chester City Council v. Arriva plc.  Arriva was accused of predatory pricing and flooding the market for local bus services in central Chester, in breach of Chapter II of the Competition Act. Arriva defeated Chester City Council on every point, including by demonstrating that Arriva was ...

High Court Damages Ruling in Hit-and-Run Case
6 June 2007
The High Court has held that the United Kingdom's arrangements for compensating the victims of untraced drivers do not comply with European Community law in requiring compensation claims made on behalf of minors to be brought within three years of injury.  The Court also found that the breach of EC law was sufficiently serious to expose ...

Judicial Review of the Coal Authority Fails
23 May 2007
The Administrative Court has rejected a claim by Abbey Mine to quash a decision of the Coal Authority to grant a licence to Corus, the steel maker, to mine coal in the Margam area of South Wales.  The Court had to consider how to apply the public law principle of fairness in the context of a comparative evaluation of competing bids.  ...

Book News ~ The Pocket Navigator: Your Guide to the 6th Directive, the Re-Cast and UK Domestic Law
21 May 2007
When the re-cast of the 6th Directive was announced we thought it would be useful to be able to cross-reference the provisions of the re-cast, the VAT Directives that preceded it and the relevant UK domestic law.  After a concerted effort by our VAT team members the Pocket Navigator Guide was born! Then it crossed our minds that we ...

"Best Chambers" and "Best Barrister" Finalist at the Lawyer Awards 2007
14 May 2007
We are delighted that Monckton Chambers has been nominated as 'Chambers of the Year' and Peter Roth QC has been shortlisted as 'Barrister of the Year' as part of The Lawyer Awards 2007.  It is great to have been chosen among hundreds of entries.  The winners will be announced on 26th June 2007 at an award ceremony at The Grosvenor ...

Latest Chapter in Advanced Corporation Tax Group Litigation
28 March 2007
On 23 March 2007 Mr Justice Rimer gave judgment in Pirelli Cable Holding NV and others v. Commissioners for HM Revenue and Customs [2007] EWHC 583 (Ch.), the latest chapter in the long-running Advance Corporation Tax ('ACT') group litigation. The five test cases in the ACT group litigation (of which Pirelli is one) result from the 2001 ...

Georgia v Russian Federation ~ First Inter-State Case Application at ECHR Since 1998
28 March 2007
On 26 March 2007 the Georgian Government lodged an inter-State case with the European Court of Human Rights (ECHR) against the Russian Federation.  The Monckton Chambers team was chosen to represent Georgia because of their ability to offer the expertise needed in this ...

Parking Tickets Posted after Drive Aways ~ Adjudicators Vindicated in TfL Challenge
27 March 2007
The Administrative Court gave judgment in a further test case involving 'penalty charge notices', more commonly known as 'parking tickets', which affects millions of people every year: R(Transport for London) v The Parking Adjudicator. The general rule is that a parking attendant must serve a parking ticket on the spot by fixing it ...

When Can the Grant of a 3G Mobile Licence Involve State Aid?
15 March 2007
The Court of First Instance (CFI) heard an important state aid case, T-475/04, which raises the question of in what circumstances the grant of 3G mobile licences can involve state aid. Bouygues, the number 3 operator in France has challenged a decision of the European Commission that the grant of 3G licences to SFR and France Telecom involved ...

CAT Dismisses Appeal against Cartel Penalty
14 March 2007
The Competition Appeal Tribunal has dismissed an appeal against a cartel penalty imposed under Chapter I of the Competition Act 1998 against Sepia Logistics Ltd, formerly Double Quick Supplyline Limited. The appellant manufactured components for use in double glazed windows.  It admitted its liability for what the Tribunal ...

Interim Injunction Application against Pfizer Dismissed
5 March 2007
The High Court (Chancery Division) dismissed (on Friday 2 March 2007) an application for an interim injunction by AAH Pharmaceuticals Limited and 7 other pharmaceutical wholesalers to restrain the implementation of Pfizer Limited's new distribution arrangements for its prescription drugs in the UK, which include the drugs Lipitor and Viagra. ...

'C' Panel Announcements
1 March 2007
We are pleased to announce that Ronit Kreisberger has been appointed to the Attorney General's 'C' Panel of Junior Counsel to the Crown. Ronit specialises in European, competition and public law, with a particular focus on EC/UK competition and regulatory work, procurement and general European law. This appointment consolidates ...

Off-street Car Parking Referred to Luxembourg
19 February 2007
Commissioners for Her Majesty's Revenue and Customs v Isle of Wight Council and others [2007] EWHC 219 (Ch) Under Article 4.5.2 of the Sixth VAT Directive public authorities are required to charge VAT on their supplies, when not to require them to do so "would lead to significant distortions of competition" with private sector ...

Greenpeace Wins its High Court Bid
15 February 2007
The High Court delivered judgment in Greenpeace v Secretary of State for Trade and Industry on 15th February 2007.  Greenpeace sought to challenge the Government's decision in the Energy Review Report 2006, The Energy Challenge, published on 11 July 2006, to support nuclear new build as part of the United Kingdom's future ...

Newest Additions to the 'A' and 'B' Panels
12 February 2007
We extend our warmest congratulations to Paul Harris and Tim Ward who have been elevated to the A Panel of Junior Counsel to the Crown and to Ian Hutton and Meredith Pickford for their elevation to the B Panel. Similarly, we are also very pleased to announce that Ian Rogers' application to the B Panel was ...

Abuse of Dominance by Excessive Prices ~ How Much is too Much?
2 February 2007
The Court of Appeal has handed down its keenly anticipated judgment in Attheraces Limited v. The British Horseracing Board Limited [2007] EWCA Civ 38 (judgment of 2 February 2007) which raised an important question which has long been a source of considerable difficulty for competition lawyers: at what point do prices charged by a ...

The Monckton Brief 2007
9 January 2007
Lots of interesting developments in our specialist areas of law gave us plenty to write about. Where else can you read about 'Dinner party law', 'Lost in translation' and 'Beyond the war of the words' in one compact edition? To read more, please click ...

The Lawyer's Hot 100 lists Ronit Kreisberger
8 January 2007
On 8th January 2007, The Lawyer published The Hot 100 which identified members of the legal profession who have excelled in their chosen fields during the past year. The edition features a section for Competition law in which Ronit Kreisberger was highlighted. "This time last year Ronit Kreisberger was a senior associate and qualified ...