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2008 NEWS

European Court of Human Rights orders Russia to release AIDS prisoner
22 December 2008
The European Court of Human Rights (ECHR) held in a judgment issued today, 22nd December 2008, that the continued detention of Vasily Aleksanyan by the Russian authorities is 'unacceptable'. STRASBOURG, 22nd December 2008: The ECHR, in a judgment issued this morning, ordered the release of Mr Vasily Aleksanyan, a 37 year old lawyer who ...

The European Community Court of First Instance rules in favour of Ryanair in Charleroi State aid case
22 December 2008
Europe's second highest court (the CFI) has today upheld Ryanair's challenge to a European Commission Decision finding that Ryanair had benefited from unlawful State aid. The Commission had decided that the landing charges and ground handling fees agreed between Ryanair and Brussels Charleroi airport were too ...

Solictors Regulation Authority find 2 solicitors guilty of misconduct
11 December 2008
On 11 December 2008, the Solicitors' Disciplinary Tribunal found Mr Jim Beresford and Mr Douglas Smith guilty of 8 counts of professional misconduct brought by the Solicitors Regulation Authority arising out of the conduct of compensation claims for miners suffering from vibration white finger and vibration white finger and respiratory ...

CAT refuses Sky's application to appeal
8 December 2008
The Competition Appeal Tribunal has refused the applications of Sky and Virgin for permission to appeal from its decisions of 29 September and 30 October. Click here, for the previous news item. It is now open to Sky and Virgin to apply to the Court of Appeal ...

CAT dismisses banking challenge
8 December 2008
The Competition Appeal Tribunal have dismissed the application of six individuals known as the Merger Action Group, based in Scotland, to quash the decision of the Secretary of State for Business, Enterprise and Regulatory Reform to clear a merger between Lloyds and HBOS. In arriving at its unequivocal decision, the CAT concluded that "there is ...

The Lloyds/HBOS hearing begins Monday 8th December in the CAT
8 December 2008
The CAT hearing in Lloyds/HBOS began yesterday and is continuing today. The Secretary of State is represented by Paul Lasok QC, Paul Harris, Gerry Facenna and Elisa Holmes all of Monckton ...

Change in VAT Rate - Monckton Chambers sets up Advisory Panel
26 November 2008
In light of the recent announcement by the Chancellor that from the 1st December 2008 the rate of VAT would be cut from 17.5% to 15% members of Monckton Chambers have been advising clients on the implementation of the cut and the effect it may have on the pricing of products. As a consequence we have recognised the need to establish an ...

OFT decides not to refer travel brochure distributors merger
18 November 2008
The OFT has decided not to refer the anticipated acquisition of Ocean Park Limited by Orbital Marketing Services Group Limited to the Competition Commission. The OFT found that it would be under a duty to refer the merger as it would combine the only two bulk distributors of tour operators travel brochures to travel agencies and other retail ...

Commission Appeal Tribunal Refuses Virgin Media and BSkyB Applications
7 November 2008
The Secretary of State and the Competition Commission successfully resisted attempts by Virgin Media and BSkyB to persuade the Competition Appeal Tribunal to order that aspects of the acquisition by BSkyB of 17.9% of ITV's shareholding be remitted to the Commisison and ultimately the Secretary of State for reconsideration. Virgin ...

Leading Set Recommendations In Chambers UK, 2009
7 November 2008
Chambers UK, 2009 edition was published on 6 November and continues to list Monckton Chambers as one of the leading sets at the London Bar. We are also delighted to see that our individual recommendations have gone up by over 10% to a total of 47 spread across 10 fields. For the full list of practice areas in which we are highlighted, including ...

Monckton Chambers Welcomes Two New Tenants
28 October 2008
Monckton Chambers is delighted to welcome two new tenants, Anneliese Blackwood and Laura Elizabeth John, following their successful completion of pupillage. Prior to pupillage, Anneliese Blackwood was a Teaching Fellow at University College London teaching on the LLB Public Law II course (2006-2007) which covered the application of the ...

Office of Fair Trading Issues Statement of Objections Against Construction Recruitment Companies
27 October 2008
On 21 October 2008, the OFT issued a Statement of Objections alleging infringements of the Chapter I prohibition of the Competition Act 1998 against eight recruitment agencies: A Warwick Associates, Beresford Blake Thomas, CDI AndersElite, Eden Brown, Fusion People, Hays Specialist Recruitment, Henry Recruitment and Hill McGlynn ...

Court of Arbitration for Sport Upholds Weightlifters' Convictions
21 October 2008
The Court of Arbitration for Sport has upheld the convictions of two British weightlifters convicted of doping offences at the British Weight Lifting Championships. In the proceedings, the weightlifters mounted a wholesale attack on the sample collection procedures ...

Court of Appeal Rules Restitutionary Award Not Appropriate in Devinish Case
14 October 2008
In an important case on financial remedies for victims of competition infringements, the Court of Appeal has held that a restitutionary award is not available either as a matter of English or European law. A restitutionary award is a remedy which is based on stripping a wrongdoer of the profit he has made from an unlawful act ...

Tim Ward Shortlisted for Prestigious 'Barrister of the Year' Award
30 September 2008
We are delighted that Tim Ward has been shortlisted in the category of 'Barrister of the Year' at the Law Society Excellence Awards 2008. Representatives for the annual ceremony revealed their shortlists of successful nominees on Tuesday 30th September. This nomination is a real testament to ...

BSkyB Loses ITV Appeal in the CAT
29 September 2008
BSkyB has lost its appeal at the Competition Appeal Tribunal in regard to the Competition Commission's decision to force the broadcaster to reduce its shareholding in ITV to less than 7.5%. In a report published last December, the Competition Commission concluded that Sky's shareholding in ITV may be expected to give rise to a ...

McLaren Loses Appeal to FIA in Lewis Hamilton Case
23 September 2008
The International Court of Appeal of the FIA has dismissed an appeal by Team McLaren Mercedes in which it sought to overturn a penalty imposed on Lewis Hamilton at the recent Belgian Spa Grand Prix. The appeal attracted considerable interest because, if it had succeeded, Mr. Hamilton would have gone into the forthcoming Singapore Grand Prix ...

Dual English - Russian Qualified Barrister Joins Chambers
17 September 2008
We are delighted to confirm that international and human rights law specialist Drew Holiner has joined Chambers as a new tenant. Drew is unique to Monckton Chambers in that he is an English-Russian qualified barrister, who had a prolific litigation practice in Russia prior to obtaining pupillage in the UK. The Lawyer published a ...

Vodafone Wins Number Portability Appeal
16 September 2008
The Competition Appeal Tribunal has allowed an appeal by Vodafone against Ofcom's decision to change the system of number portability: Vodafone v Ofcom [2008] CAT 22. Number portability is the process which enables a subscriber to a fixed or mobile network to retain their telephone number when they change network operator. Ofcom's decision ...

ECJ Grand Chamber Delivers Car Parks Ruling
16 September 2008
Case C-288/07 Isle of Wight District Council and others v Her Majesty's Revenue and CustomsLocal authorities acting as public authorities are outside the scope of VAT unless not to tax their activities "would lead to significant distortions of competition" with private sector operators. Off street car parking in the UK is provided ...

Success In £800 Million Construction Contract Dispute
11 September 2008
Michael Bowsher QC successfully represented McLaughlin and Harvey Ltd this week in the High Court of Northern Ireland. The firm had been excluded from bidding for government contracts, put at £800m. For details of this story, click ...

Leading Set Recommendations In The Legal 500 2008
9 September 2008
The Legal 500 2008 UK edition was published on 9 September and for the sixth year running lists Monckton Chambers as one of the leading sets at the London Bar. In addition to this accolade, we are also delighted to see that our individual recommendations have gone up by a further 12% to a total of 43. For the full list of ...

Monckton Chambers Enters The Bar Top 30
1 September 2008
The Lawyer's UK Annual Report revealed Monckton Chambers as a new entry at number 29 this morning. We are delighted to be listed in the annual countdown, which is worked out primarily by turnover. Our growth over the last financial year was covered in The Lawyer in July and it is our dramatic 26% increase which has returned Chambers to ...

Allen & Overy Competition Partner To Take Tenancy At Monckton Chambers
1 September 2008
We are delighted to confirm that competition and mergers specialist Alistair Lindsay will be joining Chambers as a tenant next year. Alistair, who originally started his legal career with Monckton Chambers as a pupil, has decided to rejoin our set, citing our thriving competition practice and the work-life balance opportunities moving ...

Chambers Bar Awards Nominations Are Revealed
1 September 2008
The shortlists for these prestigious awards are now online and we are pleased to feature four times in the listings. Chambers is particularly well represented this year in the Competition and EU category, where we are listed not only for 'Set of the Year', but have also scooped two of the three 'Junior of the Year' nominations for ...

Monckton Chambers Supports Future Stars Of Competition Law
20 August 2008
The presentation of Monckton Chambers' annual prize for Competition Law took place last week. The prize is awarded each year to the University of Oxford student who has demonstrated the best performance of the year in this area of study. This year, the University announced joint winners of the prize; Ms Ella Liang and Mr Morris S ...

Monckton Chambers Barristers See Off Challenge To Ofcom
18 August 2008
The High Court has dismissed a challenge to Ofcom's powers to represent British Overseas Territories in respect of satellite filings in R(Government of Bermuda) v Ofcom [2008] EWHC 2009 (Admin). The right to broadcast via a satellite into any particular territory is governed by the rules of the International Telecommunications Union ...

Claimants Fall At First Fence As Initial 'Racing' Judgment Is Announced
11 August 2008
Judgment was given on 8 August 2008 in British Afternoon Greyhound Racing Services (and others) v Amalgamated Racing Ltd (and others). The case concerned a challenge under Article 81/Chapter I to the lawfulness of licensing arrangements for the supply of a new televised service, known as Turf TV, which shows live horseracing in licensed betting ...

Tesco Appeal Fixed For November Hearing
4 August 2008
Following on from the Case Management Conference held at the Competition Appeals Tribunal on 31st July 2008, Tesco's appeal against the findings of the Competition Commission's recent Grocery Market Inquiry has been fixed for a three day hearing commencing on 11th November 2008. Barristers from Monckton Chambers are representing several parties ...

Tesco Appeal Against Competition Commission Inquiry Findings Begins In The CAT
29 July 2008
A Case Management Conference at the Competition Appeals Tribunal on 31st July 2008 will be the first hearing in relation to Tesco's appeal against the findings of the Competition Commission's recent Grocery Market Inquiry. Barristers from Monckton Chambers are representing several parties in these proceedings. Julian Gregory is junior ...

Transport For London Seeks Oyster Card Shake-Up
29 July 2008
Transport for London Oyster card contractor EDS has, this week, been seeking an injunction preventing TfL from entering into a contract for the provision of the same services solely with EDS's current consortium partner, Cubic. TfL proposes to terminate its contract with TranSys - through which EDS and Cubic together provide the current ...

Testing The Drug Testers In Court Of Arbitration For Sport Appeals
28 July 2008
UK Sport's drug testing procedures were under attack in the Court of Arbitration for Sport last week. In appeals from the British Weightlifter's Association Disciplinary Panel, two weightlifters undertook a wholesale attack on the sample collection procedures undertaken by UK Sport at the British National Championships and also on the sample ...

Melanie Hall QC Joins Tax Journal Editorial Board
28 July 2008
Melanie Hall QChas accepted an invitation to join other leading tax experts on the Editorial Board of The Tax Journal. The Tax Journal is a weekly UK publication from Lexis Nexis, aimed at all those who provide tax advice to and within the business community, whether they are tax practitioners or lawyers. It concentrates mainly on corporate ...

Michael Collins Elected Chairman Of The Bar Council Of Ireland
24 July 2008
Michael M.Collins S.C. a door tenant of Monckton Chambers, has been elected as Chairman of the Bar Council of Ireland. Michael is a senior counsel practising primarily from Dublin, specialising in commercial litigation, competition law, EU law, constitutional law and judicial review. He was called to the Irish Bar in 1978, to the English Bar in ...

Judicial Review granted re: University College London's proposed academy in Camden
17 July 2008
On 17 July the Administrative Court granted permission for a judicial review of the Government's decision to approve the Expression of Interest submitted by University College London for the establishment of an academy in the London Borough of Camden. The challenge alleges that there has been a breach of the EU rules on public ...

Isle of Man Ferry Services Judicial Review Struck Out
10 July 2008
On 10 July the Isle of Man equivalent to the High Court struck out on grounds of delay an application for Judicial Review of a decision by the Isle of Man authorities to enter into an exclusive agreement with a ferry company in respect of ferry services between the Isle of Man and the North West coast of England. The challenge alleged that the ...

Record Monckton Turnover Figures Reported In The Lawyer
7 July 2008
Monckton Chambers has appeared in The Lawyer two weeks running with coverage of our significant increase in turnover over the last financial year. To view the latest article, please click ...

Summer Party 2008
3 July 2008
Monckton Chambers held its annual Summer Party on 2 July, with over 300 guests enjoying a perfect summer's evening in the beautiful gardens of Gray's Inn. Entertainment was provided by way of the Quecumber Allstars playing gipsy jazz and a good time was had by all. Thanks to everyone who came and we look forward to seeing you again next ...

Church Of Latter Day Saints Challenges Business Rates Decision In The House Of Lords
2 July 2008
Last week, the House of Lords heard argument in the Church of Latter Day Saints v Gallagher (Valuation Officer) case. The appellant church challenged a decision to refuse to exempt its Preston Temple from business rates. There is a statutory exemption for places of "public worship", but the Valuation Officer ruled that the Temple, which is not ...

Two Monckton Members Appointed To New FoI Panel
1 July 2008
Due to the increasing amount of appeals under the Freedom of Information Act 2000 (FOIA), the Treasury Solicitor's Department has set up a specialist panel to act in FOIA appeals on behalf of Government Departments. Two members of Chambers have been successfully selected to be on the panel; George Peretz and Gerry Facenna. In addition ...

Weight Watchers Court of Appeal Judgment
30 June 2008
The Court of Appeal have given judgement in Weight Watchers v. HMRC. Peter Mantle represented HMRC, who successfully overturned the decision of the VAT & Duties Tribunal. The issue in this VAT case was whether or not Weight Watchers made a single supply (standard rated) to its meetings members, or separate supplies of ...

Tesco Appeal to Competition Appeal Tribunal
30 June 2008
Tesco today launched a legal challenge against one of the remedies recommended by the Competition Commission in its latest inquiry into the grocery sector. Tesco is challenging the Commission's proposal to introduce a 'competition assessment' into the UK planning system. ...

Rejection of Lisbon Treaty Referendum Claim
25 June 2008
R (on the application of Stuart Wheeler) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) On 25 June, the Divisional Court (Richards LJ and Mackay J) gave judgment in favour of the Defendants, the Office of the Prime Minister and ...

Royal Mail VAT Exemption Goes All The Way To Europe: TNT Challenge to Be Heard In The ECJ
19 June 2008
TNT's challenge to Royal Mail's exemption from VAT, due to be heard in the ECJ on 18 June, has attracted the attention of no less than 5 Member States (in addition to the UK) because of the impact that the ECJ's judgment will have on public postal services in the EU. The TNT case raises fundamental questions about the operation of the exemption ...

Mobile Telecoms Service Providers Take On Ofcom In The CAT
18 June 2008
On 18 June 2008, the Competition Appeal Tribunal is due to hear the appeal in Vodafone & Ors v Ofcom. Ofcom has ordered that the network operators must establish a "common database" of numbers and a system of "direct routing" of calls to ported numbers.  Porting is the process by which a consumer can retain their telephone number when ...

UK Supports German Stance On Taxation Of Charitable Organisations
18 June 2008
On 17 June, the Grand Chamber of the European Court of Justice heard a number of Member States (the U.K., France, Ireland, Spain and Greece) intervening to support the German position in the Persche case. The issue in Persche is whether a German taxpayer can claim tax ...

Vitamins Cartel Reaches Court Of Appeal
16 June 2008
On 17 June 2008, the Devenish case continues with an appeal against the High Court judgment handed down earlier this year. Devenish purchased vitamins from members of the vitamins cartel that was the subject of a decision by the EC Commission in 2003. Devenish is seeking all, or some, of the profits earned by the cartelists. The High ...

Security For Costs Of VAT Appeal
13 June 2008
In a decision in the Chancery Division in the appeals in Calltel and Opto v HMRC, delivered on 6th June 2008, Mr Justice Briggs has awarded HMRC security for its costs against the appellant taxpayers. Calltel is an appeal to the High Court from the VAT & Duties Tribunal's decision of 20th July 2007 that the appellants were ...

BSkyB and Virgin Media Appeals In The CAT
12 June 2008
Last week, the Competition Appeal Tribunal heard appeals by British Sky Broadcasting Group ("Sky") and Virgin Media against decisions taken by the Competition Commission and the Secretary of State for Business, Enterprise and Regulatory Reform in relation to Sky's acquisition of a 17.9% ...

Judicial Review Of The Prime Minister's Decision Not To Hold A Referendum On The Lisbon Treaty
11 June 2008
This week the High Court is considering an application by Stuart Wheeler for judicial review brought against the Prime Minister and Foreign Secretary. Mr Wheeler challenges their decision not to hold a referendum on whether the United Kingdom should ratify the Treaty of Lisbon. He argues that the Government made unequivocal ...

Competition Appeals Tribunal Hands Down Judgment in 'Calls To Mobiles' Cases
4 June 2008
The CAT handed down judgment in two major appeals on 20 May (the appeals having been heard together in January and February):  (1) Mobile Call Termination - in which the CAT upheld Ofcom's finding that H3G had significant market power in the market for mobile call termination on H3G's network, and its related decision to impose ...

Monckton Appointment To The European Union's Fundamental Rights Agency
4 June 2008
On Wednesday 4 June, Jeremy McBride was appointed a member of the new Scientific Committee of the European Union's Fundamental Rights Agency.                                  ...

Racing Case Gallops On At The High Court
3 June 2008
On Tuesday 3 June the hearing resumed at the High Court in the matter of British Afternoon Greyhound Racing Services (and others) v Amalgamated Racing Ltd (and others).  The case concerns a challenge to the lawfulness of arrangements for the licensing of picture rights by 30 British racecourses for broadcast to licensed betting ...

Ofcom Competition Law Victory in TV Subtitles Case Confirms Time for Assessing Dominance in a Predatory Bidding Case
22 May 2008
The Competition Appeal Tribunal has dismissed an appeal by Independent Media Support (IMS) against Ofcom's decision that Red Bee Media had not infringed the Chapter I or Chapter II prohibitions in the Competition Act 1998.  Both IMS and Red Bee are providers to UK broadcasters of TV 'access services' (such as ...

Monckton Publication Added to HMRC's Reference Library
15 May 2008
Solicitors at HMRC have found our Pocket Navigator so useful that we received a request for it be added to their library resources. The booklet covers the re-cast of the 6th Directive and was produced by the Monckton VAT team in 2007 to accompany our Annual VAT and EU Law conference. Complimentary copies are still available; contact ...

Paul Lasok QC Speaks at Bird & Bird Conference
14 May 2008
On Wednesday 21 May Paul Lasok QC will be taking part in a procurement and public contracts afternoon seminar at Bird & Bird. Paul appears as a guest speaker alongside some of Bird & Bird's procurement and public contracts lawyers. For further details, please ...

Monckton Junior Shortlisted for Prestigious 'Barrister of the Year' Award
13 May 2008
We are delighted that Tim Ward has been shortlisted in the category of 'Barrister of the Year' at the Lawyer Awards 2008. Representatives for the annual ceremony announced their shortlists of successful nominees on Monday 12 May. Tim is the only Junior barrister on the shortlist this year which is a real testament to the calibre and quality of ...

Deputy High Court Judge Appointment for Peter Roth QC
13 May 2008
The appointment was confirmed on Monday 12 May and we congratulate Peter on such a great achievement. Head of Chambers, Paul Lasok QC, said, "Peter Roth QC's appointment as a Deputy High Court Judge shows that his qualities as a successful practitioner mark him out as having the intellectual calibre and judgment to make a ...

Christopher Vajda QC Speaks at AntiTrust Conference
12 May 2008
Christopher Vajda QC spoke at the Lawyer Conference held on 7 May 2008 on the EC White Paper on damages actions for breach of EC antitrust rules. He spoke on the subject of access to evidence and what, if any, changes the White Paper would herald for the disclosure regime in England and ...

Permission Denied in Carbon Case
6 May 2008
The Competition Appeal Tribunal ('CAT') has refused permission to bring claims for damages said to arise from the EC Commission's decision finding an infringement of Article 81(1) EC in relation to electrical and mechanical carbon and graphite products against a number of proposed defendants, including Le Carbone Lorraine SA, while their ...

The Sixth Annual VAT and EU Law Conference
30 April 2008
Our flagship VAT event took place on Tuesday 29 April at the Kingsway Hall Hotel. Once again in association with Lexis Nexis, the event brought together some of the leading practitioners in VAT to discuss updates in the principles of EU law which underpin the VAT system. Seven speakers from Monckton Chambers, along with special guests ...

England and Wales Cricket Board Decide 'Not Out' for South African Players
30 April 2008
On Wednesday 30 April 2008, the Appeal Panel of the ECB unanimously allowed appeals by three South African cricketers against the decision of the ECB to refuse to register them as Qualified Cricketers for the English 2008 season. The ECB had refused to register them because they had played cricket for the Indian Cricket League. The Appeal Panel ...

Procurement 'Round Table' Seminar in Chambers
28 April 2008
On Wednesday 23 April, we held another of our successful 'Round Table' style seminars. Michael Bowsher QC and Jennifer Skilbeck led the information sharing session on 'Development Agreements and Public Procurement ~ The View of the ECJ and the Commission'. Around 20 procurement specialists attended the evening which was followed by further ...

OFT Issues Formal Apology to Morrisons
23 April 2008
The OFT announced today (23 April) that it had settled the judicial review and defamation actions brought against it by Morrisons. In September last year, the OFT issued a press release with a Statement of Objections against a number of large supermarkets and dairy processors. Morrisons was one of the supermarkets included in the ...

Court of Appeal Upholds Coal Authority's Licensing Decision as Fair
21 April 2008
The Court of Appeal gave judgment on Wednesday 16 April in an appeal brought by Abbey Mine Limited ("AML"), the disappointed applicant for a coal mining licence at the Margam site in South Wales. Margam has large reserves of high quality coal, and once it is operational, will supply virtually all the coking grade coal mined underground ...

House of Lords Hands Down Judgment in Edwards v Environment Agency
16 April 2008
On Wednesday 16 April, the House of Lords handed down judgment in the case of Edwards v Environment Agency [2008] UKHL 22. The appeal arose out of an application by a concerned local resident to quash a permit issued on 12 August 2003 by the Environment Agency ("the Agency") to Rugby Ltd for the operation of the Rugby cement works. The ...

Paul Lasok QC Invited to Join Prestigious Competition Law Debate Panel
14 April 2008
On Monday 14th April Paul Lasok QC will be taking part in a Competition Law debate at the new offices of Norton Rose. The panel will be made up of some of the most highly regarded experts in the area of competition law, including former CAT President Sir Christopher Bellamy, Michael Grenfell (Norton Rose), Stephen Kon (SJ Berwin), Tony ...

OFT Accepts Undertakings in Transocean/GlobalSantaFe Merger
14 April 2008
On 11 April, the OFT accepted undertakings offered by Transocean Inc arising from its merger with GlobalSantaFe (GSF) in November 2007. Transocean and GSF are major worldwide suppliers of drilling rigs to oil and gas exploration companies: each party had a worldwide turnover in 2006 of between US$3 and 4 billion. The merger was considered by a ...

Lords Decide Loyalty Scheme Case Appeals
8 April 2008
Her Majesty's Revenue and Customs (Petitioners) v Loyalty Management (UK) Limited (Respondents) Her Majesty's Revenue and Customs (Petitioners) v Baxi Group Limited (Respondents)Total (UK) Limited (Petitioners) v Her Majesty's Revenue and Customs (Respondents) An Appeal Committee of the House of Lords ...

Race and Sex Discrimination Claims Against Foreign Office Rejected
7 April 2008
The London Central Employment Tribunal has dismissed all complaints of race and sex discrimination brought by Manchula Kuganesan against her employer, the Foreign and Commonwealth Office, where Ms Kuganesan is a senior accountant. The Tribunal heard evidence focusing on the selection of a white male candidate instead of Ms Kuganesan following a ...

All Sides Look to Monckton in Broadcasting Dispute Appeal
3 April 2008
The Competition Appeal Tribunal considered the nature of Ofcom's dispute resolution powers contained in the Communications Act 2003 in the recent decision in Rapture Television Plc v Office of Communications. Each of the six counsel appearing at the Tribunal were Monckton barristers. Rapture Television, a broadcaster, complained to ...

First Appeal Under the Jersey Telecommunications Law Settled as Channel Islands Mobile Phone Companies and Regulators Agree Date for Mobile Number Portability
27 March 2008
On 25 March, the Royal Court of Jersey made a consent order discontinuing the first appeal made to the Royal Court against a decision by the Jersey Competition and Regulatory Authority (JCRA) under the Telecommunications (Jersey) Law 2002. The appeal had been brought by Jersey Telecom (JT), the largest mobile phone operator in Jersey, against a ...

CFI Appeal - State Aid rules re: Regional Airports such as Charleroi and Low Cost Airlines such as Ryanair
19 March 2008
Four years after the EC Commission decided that the Walloon Region of Belgium had provided illegal State Aid to Ryanair in respect of Ryanair's development of new routes and the basing of aircraft at Brussels South Charleroi Airport, the CFI heard Ryanair's Appeal against the Decision on March 12th 2008. Ryanair's case before the Court is that ...

Lord Chief Justice Applies Article 8 ECHR Rights to Business Transactions
6 March 2008
5 March 2008 - Lord Chief Justice rules that Article 8 ECHR rights to private life and correspondence must be respected in mutual assistance proceedings concerning business transactions On 4 & 5 March 2008, the Divisional Court (Lord Phillips of Worth Matravers LCJ presiding) heard the judicial review in Hafner and anor v. City of ...

New Appointments to the Panels of Junior Counsel to the Crown
25 February 2008
We would like to extend our warmest congratulations to Daniel Beard, who has been elevated to the Attorney General's A Panel. Similarly, we are also very pleased to announce that Rob Williams and Ben Lask have been successful in their application to the C Panel. This takes our total up to an impressive 19 panellists within Chambers, which is a ...

Kurdish Groups in CFI Bid to Annul EU Decision to Proscribe
31 January 2008
Two Kurdish groups, the PKK and Kongra-Gel will today attempt to persuade the CFI in Luxembourg to annul decisions by the EU Council (made in 2002 and 2004 respectively) to place them on a list of terrorist organisations. The case (T-229/02) follows the PKK's successful 2007 appeal to the ECJ to allow its case (brought by Osman Ocalan ...

VAT Tribunal Publishes its Keenly Awaited Decision in Payment Processing Charges Test Case
17 January 2008
The VAT Tribunal has published its decision in the case of T Mobile (UK) Ltd, an appeal against a decision of HMRC concerning the VAT liability of "payment processing" charges levied on customers who do not pay their bills by Direct Debit. T Mobile charges its 'pay monthly' customers £3 for each bill which they pay by a method other than ...

Monckton Chambers Highlighted in The Lawyer's Annual 'Top Trials' Feature
14 January 2008
A key telecommunications case featuring seven Monckton barristers has been picked out as one of The Lawyer's 'Top Ten Trials' for 2008. The case of Orange & Ors v OFCOM & BT, also referred to as 'Calls to Mobiles', is addressing the issue of call charges for mobile phones. The article says, "Calls To Mobiles is the ...

The Lawyer's Hot 100 2008 lists Daniel Beard
7 January 2008
Monckton Chambers are proud to announce that Daniel Beard has been listed as one of only three junior barristers to make the The Lawyer's Hot 100 2008. The annual supplement identifies members of the legal profession who have excelled in their chosen fields during the past year. "With European Community Law becoming a vibrant ...