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2009 NEWS

Procurement Injunction Application successfully defeated by Monckton team
23 December 2009
The Claimant, European Dynamics SA, specialises in the delivery of consultancy services for the design, development, maintenance and support of IT applications and software products and it had failed in its attempt to win a place on some framework agreements being set up by Buying Solutions (part of HM Treasury).  It obtained an initial ...

Air Cargo Class Action Appeal Commences
17 December 2009
The hearing in this appeal began to day.  Earlier in the year the Court of Appeal granted permission to Emerald Supplies Limited to appeal against the decision of the Chancellor striking out the representative element of its cartel damages claim against British Airways plc (BA).   In its representative claim Emerald purported to ...

Monckton Members Appointed to FoI Panel
15 December 2009
Monckton Chambers are pleased to announce that a further three tenants have been appointed to the FoI Panel. Ian Rogers, Ben Lask and Alan Bates join George Peretz and Gerry Facenna.  The Treasury Solicitor's Department set up the specialist panel to act in appeals under the Freedom of Information Act 2000 (FOIA) on behalf of ...

First Criminal Prosecution under the Enterprise Act for Cartel Offences
14 December 2009
The Court of Appeal (Criminal Division) has given judgment on the first contested criminal proceedings under the 'cartel' offence in section 188 of the Enterprise Act 2002.  The defendant, with others, were senior executives in a major company charged with dishonestly agreeing to effect a price fixing arrangement between their company and ...

High Court Backs OFWAT Policy on Inset Appointments
11 December 2009
The High Court yesterday dismissed an application by Dŵr Cymru (Welsh Water) for judicial review of Ofwat's policy on "inset appointments" made under section 7(4)(b) of the Water Industry Act 1991 ("the Act").  That section allows Ofwat to appoint a new operator to replace the incumbent water and ...

OFT Mergers - Exceptions to the Duty to Refer and Undertakings in Lieu
7 December 2009
In October, the OFT published a draft guidance consultation document, "Mergers - Exceptions to the duty to refer and undertakings in lieu".  The draft proposes significantly to amend the existing guidance on the de minimis exception and also clarifies the OFT's approach to the assessment of customer benefits.  The ...

IMCO to report on New Developments in Public Procurement
27 November 2009
The EU Parliament Committee on the Internal Market and Consumer Protection (IMCO) is currently preparing a report on New Developments in Public Procurement.  It will, apparently be receiving written representations as well as holding a hearing in early 2010.  Topics of concern include issues such as certainty and clarity in the ...

Jeremy McBride publishes Human Rights Book
20 November 2009
Monckton tenant, Jeremy McBride has recently published a book entitled "Human rights and criminal procedure - The case law of the European Court of Human Rights" The book is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both ...

High Court Rules on Principle of Closed Material Procedures in Civil Damage Claims
18 November 2009
The issue in this case is whether it could be proper and lawful for a court to order that a "closed material" procedure be adopted in a civil claim for damages.   Such a procedure would involve the use of Special Advocates who could receive material which was not seen by the claimants themselves. The issue arises in the ...

Information Commissioner uses urgency procedure to uphold complaint on government's refusal to release details of meeting with the Mayor of London
12 November 2009
In a virtually unprecedented urgent decision, the Information Commissioner has upheld a complaint by the Campaign for Clean Air in London (CCAL) regarding the government's refusal to release full details of a meeting with the Mayor of London on air quality matters in January 2009. CCAL's request for the ...

ECJ rejects HMRC's claim to be entitled to VAT claim on RCI's subscription fees
10 November 2009
The ECJ upheld RCI's claim that it should not pay UK VAT in connection with RCI's scheme for swapping time-share accommodation.  The case centred on the interpretation of Article 9 of the Sixth Directive concerning supplies in connection with property.  HMRC considered that: (i) UK VAT was applicable to the enrolment and subscription ...

Rupert Anderson QC Memorial Service
5 November 2009
It was with great sadness that Chambers recorded the death of Rupert Anderson QC on 30 July 2009. Rupert, who was called to the Bar in 1981 and took silk in 2003 was a well liked member of Chambers and a phenomenally gifted barrister.  He will be greatly missed. There will be a memorial service on 5 November 2009, Temple ...

High Court Establishes Relationship between EU Law and Arbitration
30 October 2009
On the 30 October 2009 Mr Justice Tugendhat gave judgement in Accentuate Ltd -v- Assigra Inc, a case concerning the relationship between EU law and the law of arbitration. The judge held that English courts must give effect to mandatory provisions of EU law, notwithstanding any expression to the contrary on the part ...

Advocate General's Opinion Published in C-406/08 Uniplex -v -UK
29 October 2009
The European Court of Justice this morning published Advocate General Kokott's opinion in Case C-406/08 Uniplex -v- UK. The case was referred to the ECJ by the High Court and concerns some very important issues in the law of Public Procurement, notably the question of the time from which limitation periods may start to run. Kassie Smith ...

Court of Appeal rejects extension to ECJ jurisprudence on Article 49 and the Vander Elst line of authority on posted workers
21 October 2009
The Court of Appeal (Rix LJ, Lloyd LJ, Sir David Keene) dismissed an appeal against the decision of the Administrative Court refusing Judicial Review of various decisions of the Home Secretary concerning the application of Article 49 EC (the freedom to provide services). The decision under appeal (R(Lee Ling Low, Rising Sun Catering, ...

CAT quashes Competition Commission's decision to impose Point of Sale Prohibition (POSP) as part of its remedies package for Payment Protection Insurance
16 October 2009
An application by Barclays Bank plc for a review under section 179 of the Enterprise Act 2002 of certain findings made by the Commission contained in a report entitled "Market investigation into payment protection insurance" was decided today.  The Commission found that there were features of the PPI market which prevented restricted or ...

Jeremy McBride Aids in the Efficiency and Implementation of the Council of Europe Treaty Law
8 October 2009
Monckton tenant Jeremy McBride has prepared a study for the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 'The specificity and added value of the acquis of the Council of Europe treaty law' which will form the basis of a report to be prepared by the Committee's rapporteur, John ...

R (Veolia ES Ltd) v Nottinghamshire County Council (Audit Commission and Shlomo Dowen (represented by Friends of the Earth)) as Interested Parties
6 October 2009
[2009] EWHC 2382 (Admin) A significant public law case was handed down on 1 October 2009, concerning the competing interests of, on the one hand, public access to information about the accounts of public bodies and, on the other, the rights of third parties to commercial confidentiality. The judgment contains an extensive survey of the ...

Monckton Chambers Awarded "Set of the Year" and "Junior of the Year" for EU & Competition Law
2 October 2009
Monckton Chambers was honoured to be awarded the accolade of "Set of the Year" for our work in the field of EU and competition law at the fifth annual Chambers Bar Awards held at the Grosvenor House Hotel, London. The work of Daniel Beard was also recognised last night as he scooped "Junior of ...

Valentina Sloane Nominated in The Indirect Tax Awards 2009
2 October 2009
The shortlists for these awards are now online and we are pleased to announce that Valentina Sloane has been nominated for the 'Rising Star within Indirect Tax' award. The results will be announced on 15 October 2009 at the Glaziers Hall in ...

Monckton Chambers Welcomes Two New Tenants
1 October 2009
Monckton Chambers is delighted to welcome two new tenants, Ligia Osepciu and Owain Draper following their successful completion of pupillage. During pupillage, Ligia appeared as a junior in the High Court in JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (led by Michael Bowsher QC and Elisa Holmes), a leading case on ...

Russia's Religions Act found in violation of Article 9 ECHR
1 October 2009
On 1 October 2009, the European Court of Human Rights handed down its judgment in Kimlya and Others v. Russia, which concerned an application lodged with the Court under the European Convention on Human Rights by two Russian nationals, Mr Kimlya and Mr Sultanov, and an unincorporated religious group, the Church of Scientology of ...

John Wilkins (Motor Engineers) Limted and others v Commissioners for Her Majesty's Revenue and Customs
24 September 2009
In the first case heard in the new Upper Tier Tribunal (Tax and Chancery Chamber), the Tribunal, Warren J presiding, dismissed appeals brought by motor traders seeking compound interest from the Commissioners under s 78 VATA 1994 in respect of overpayments of VAT. The Tribunal held that the time to bring such an appeal ran from the date of the ...

World Motor Sport Council has found Renault guilty
21 September 2009
Monckton tenant Paul Harris appeared in the World Motor Sport Council (WMSC) in Paris today, representing the governing body of Formula One, the Fédération Internationale l'Automobile (FIA) in relation to charges brought against the Renault team by the FIA arising out of allegations made by ex-driver Nelson Piquet junior who ...

Monckton Chambers Up 4 Places in Bar Top 30
16 September 2009
The Lawyer's UK Annual Report revealed Monckton Chambers has moved up the rankings, positioned at 25, up 4 places from 29 last year. 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 ...

Peter Roth QC Appointed High Court Judge
15 September 2009
The Queen has been pleased to approve the appointment of Monckton member Peter Roth QC to be a Justice of the High Court with effect from 1 October 2009 on the elevation of Mr. Justice Patten to the Court of Appeal.   The Lord Chief Justice will assign Mr. Roth to the Chancery Division.  Head of Chambers, Paul ...

Leading Set Recommendations in The Legal 500, 2009
15 September 2009
The Legal 500, 2009 UK edition has been published and for the seventh 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 21% to a total of 52. For the full list of practice ...

Chambers Bar Awards 2009 Nominations Are Revealed
7 September 2009
The shortlists for these prestigious awards are now online and we are pleased to feature three times in the listings. Chambers is particularly well represented this year in the Competition and EU category, where Peter Roth QC is listed for 'Silk of the Year' and Daniel Beard 'Junior of the Year'.  ...

Monckton Chambers Welcomes Alistair Lindsay as a New Tenant
1 September 2009
We are delighted to announce that Alistair Lindsay has accepted tenancy with Monckton Chambers with immediate effect. Alistair, a competition and mergers specialist, originally started his legal career with Monckton Chambers as a pupil, and has decided to rejoin our set, citing our thriving competition practice and the work-life balance ...

Monckton Chambers Welcomes David Unterhalter SC as a New Tenant
17 August 2009
Monckton Chambers is pleased to announce that David Unterhalter SC has accepted tenancy with immediate effect. David is one of South Africa's leading barristers, with a practice specialising in competition law, trade law, public law and commercial law and has now transferred his practice to England on a full time basis. He has ...

Court of Appeal Dismisses Bookmakers' Challenge to Racecourses' Licensing of Media Rights
29 July 2009
The Court of Appeal has dismissed an appeal by a number of bookmakers challenging the lawfulness under Article 81(1) of arrangements between 30 British race courses for the licensing of their media rights to AMRAC, a joint venture 50% owned by the courses, which broadcasts the new Turf TV service showing live horseracing in betting ...

Hutchison 3G Appeal Dismissed in Mobile Call Termination Case
22 July 2009
The Court of Appeal has dismissed an appeal by mobile phone operator Hutchison 3G from a decision of the Competition Appeal Tribunal upholding Ofcom's determination that H3G enjoys a position of significant market power in the market for mobile voice call termination on its network.  The Court of Appeal rejected H3G's argument that other ...

Sam Fullilove, Clerk of the Year
16 July 2009
We are delighted to announce that one of our junior clerks, Sam Fullilove, has been given the accolade Clerk of the Year by the Institute of Barristers’ Clerks. Sam, who joined Chambers in 2007, was presented with the John Carter Memorial Trophy by Joanna Greenberg QC at the annual IBC Management Committee's dinner held at the ...

Ronit Kreisberger appointed to The Times Law Panel
16 July 2009
The Times Law Panel is an advisory body of 100 of the country's most prominent barristers and solicitors, representing a range of expertise from publicly-funded criminal work to high-value commercial transactions. Members have been hand-picked at the discretion of the editors for an indefinite period of time and do not pay to ...

Permission to appeal granted in Air Cargo class action case
2 July 2009
The Court of Appeal has granted permission to appeal to Emerald Supplies Limited against the decision of the Chancellor striking out the representative element of its cartel damages claim against British Airways plc (BA). The claim arises in connection with BA's alleged participation in a cartel in relation to the fixing of fuel ...

High Court rejects Article 6 challenge to the independence of the Parking Adjudicators.
22 June 2009
R(Herron) v Parking Adjudicator (Sunderland City Council as Interested Party), 15 June 2009 "Last week, Mr Justice Keith heard a claim that the Traffic Penalty Tribunal (formerly known as the National Parking Adjudication Service) was not independent and impartial, within the meaning of Article 6 ECHR. His Lordship ...

High Court refuses stay of proceedings in National Grid damages case
19 June 2009
National Grid brought a damages claim against a number of multinational engineering groups (ABB, Areva, Siemens and Alstom) which the EC Commission had found had participated in a cartel relating to Gas Insulated Switchgear (GIS). In bringing its damages claim National Grid relied on the Article 81 infringement decision reached by the ...

Rank’s £62 million VAT claim upheld by the High Court in a landmark decision
18 June 2009
The High Court has upheld the bingo and casino operator Rank Group's claim for a £62 million VAT refund from HMRC. Rank successfully argued that the UK's different VAT treatment of different types of mechanised cash bingo games breached European fiscal neutrality rules; Rank also successfully argued that a difference in VAT ...

Anneli Howard profiled by Global Competition Review for "Women In Antitrust 2009" feature
22 May 2009
Both the European Commission and the Department of Justice have appointed women at their helm.  To mark that achievement, Global Competition Review has conducted a world-wide survey of 100 leading female members of the profession to discuss issues such as career progression and promotion, mentoring, discrimination and ...

Pringles are "similar to" crisps
21 May 2009
Commissioners for Her Majesty's Revenue and Customs v. Procter & Gamble [2009] EWCA Civ 407 The Court of Appeal has allowed an appeal by HMRC and reinstated the decision of the VAT & Duties Tribunal that Pringles were both "made from the potato, or from potato flour, or from potato starch" and were "similar ...

Former Member Appointed High Court Judge
14 May 2009
The Queen has been pleased to approve the appointment of former Head of Monckton Chambers, Kenneth Blades Parker, Esq., Q.C., to be a Justice of the High Court with effect from 2 October 2009 on the retirement of Mr. Justice McKinnon. The Lord Chief Justice will assign Mr. Parker to the Queen's Bench Division. He will be ...

High Court clarifies the application of deadlines and the principle of proportionality in public procurement procedures
12 May 2009
In J B Leadbitter & Co Limited v Devon County Council [2009] EWHC 930 (Ch), the High Court confirmed the right of public contracting authorities subject to the Public Contracts Regulations strictly to apply time limits imposed for the receipt of compliant tenders. In this important decision, Mr Justice Richards held that, ...

High Court rules that HMRC must pay compound interest on overpaid VAT
10 May 2009
On 8 May The High Court gave judgment in the first ever VAT Group Litigation test claims, in the VAT Interest Cars Group Litigation. The test claims against HMRC were dismissed in their entirety. As a result of the judgment it appears that all of the claims in the group litigation, valued at about £150 million will be successfully ...

CAT hands down National Grid judgment
6 May 2009
Following a hearing lasting 11 days at which the Tribunal received extensive evidence from witnesses of fact and expert economists the Competition Appeal Tribunal (CAT) has delivered its judgment on an appeal by National Grid plc against a decision of the Gas and Electricity Markets Authority (the Authority) published on 21 February ...

Jeremy McBride advises OCSE on Legislative Changes for Kyrgyz Republic
23 April 2009
Jeremy McBride has prepared an opinion for the Office of Democratic Institutions and Human Rights of the Organisation for Security and Co-operation in Europe which is being used to influence proposed changes to the law on non-commercial organisations in the Kyrgyz Republic. To view the opinion on the draft law of the Kyrgyz ...

F1 Diffuser Appeal Dismissed
15 April 2009
The FIA International Court of Appeal has dismissed the appeals brought by Ferrari, Red Bull and Renault against the aerodynamic device fitted to the back of Brawn GP's car. A five judge FIA panel ruled that Brawn GP's designs did "comply with the applicable regulations". Paul Harris successfully represented Brawn ...

Grape Product Is Not Wine
9 April 2009
R (on the application of Sovio Wines Ltd) v Food Standards Agency [2009] EWHC 382 (Admin) The High Court case has recently been reported in The Times Online. The case concerns the decision of the Food Standards Agency to seize a consignment of partially de-alcoholised wine which was manufactured using an unauthorised oenological process ...

ECJ Dismisses Bouygues Appeal
3 April 2009
Bouygues & Bouygues Telecom v Commission (State aid) [2009] EUECJ C-431/07 The European Court of Justice has dismissed an appeal by Bouygues (Case C-431/07P) against a judgment by the Court of First Instance ("the CFI") in Case T-475/04, where the CFI found that the grant of 3G mobile licences by France to Orange and SFR, the two ...

The Court of Appeal Holds that a Compensation Scheme Does Not Infringe The EC Principle of Non-Discrimination
30 March 2009
R (on the application of Partridge Farms LTD) v Secretary of State For Environment Food & Rural Affairs [2009] EWCA Civ 284 Christopher Vajda QC (who did not appear in the High Court) successfully represented the Secretary of State for Environment Food & Rural Affairs in his appeal against a judgment of the Administrative Court. ...

"Freesat Free to Decide"
26 March 2009
Judgment was delivered on 26 March 2009 in JML Direct Ltd v Freesat UK Ltd [2009] EWHC 616. The case concerned the allocation of Electronic Programme Guide ("EPG") numbers by Freesat, a new multi-channel TV service owned jointly by the BBC and ITV (an EPG is an on screen television programme guide used by digital TV ...

Outsourcing Company Is Not Workers' Employer
25 March 2009
Regina (Oriel Support Ltd) v Commissioners for Revenue and Customs Peter Mantle has, along with other members, been successfully expanding his practice into direct taxes, adding to his reputation as an indirect tax practioner. The case of Oriel Support Limited was recently decided by the Court of Appeal and has been reported in the ...

Abuse of rights can lead to penalties
20 March 2009
Milk Supplies Limited v Department of Environment Food and Rural Affairs [2009] EWHC 503 QB The High Court has held that a company that used multiple subsidiaries to claim export refunds set aside for small exporters, in circumstances where it had exhausted its own entitlement to refunds, had abused its rights under ...

Low Alcohol Wine is not Wine, according to Community law.....
18 March 2009
R (on the application of Sovio Wines Ltd) v Food Standards Agency [2009] EWHC 382 (Admin) The High Court recently upheld the decision of the Food Standards Agency to seize a consignment of partially de-alcoholised wine which was manufactured using an unauthorised oenological process and was labelled as Spanish semi-sparkling wine. ...

Monckton Chambers' competition expertise sought on all sides in recent landmark CAT decision
4 March 2009
On 4 March, the Competition Appeal Tribunal (CAT) handed down judgment in Tesco's application for review of one of the Competition Commission's (CC) remedies in its Groceries Report. Following a two-year inquiry into the grocery sector, the CC had recommended to central government that a 'competition test' ...

Michael Bowsher QC speaks at American Bar Association Event
2 March 2009
Michael Bowsher QC is set to speak at the 15th Annual Federal Procurement Institute in conjunction with the American Bar Association in Chicago on Wednesday 5th March 2009. For more information and the event programme, please click ...

House of Lords rule in favour of the Home Secretary in deportation case
18 February 2009
RB (Algeria) and another v Home Secretary [2009] UKHL 10 Robert Palmer was junior counsel for the Home Secretary in these appeals, in which the House of Lords found in favour of the Home Secretary on all the points argued, which turned on issues arising principally under Articles 3 and 6 of the ECHR. The appeals arose out of deportation ...

ECHR releases details of their decision to declare YUKOS application admissible
18 February 2009
The European Court of Human Rights declared admissible an application by YUKOS Oil Company on 29 January 2009. Details of that decision now released show that the Court has accepted for further examination on their merits YUKOS' complaints that: the company had been taxed unlawfully in respect of liabilities ...

Philip Moser advises CounterBalance on European Investment Bank proposal
16 February 2009
Philip Moser has been advising CounterBalance, a coalition of European NGOs, in relation to the European Investment Bank and Case 155/07 Parliament v Council, an ECJ ruling on the Community Guarantee Decision. On 28th January 2009 Philip Moser gave evidence to an EU select committee on the ...

ECHR ruling on foreign missionary expulsions
12 February 2009
European Court of Human Rights holds that expulsion of foreign missionary on national security grounds is contrary to freedom of religion The European Court of Human Rights (ECHR) held in a judgment issued today, 12 February 2009, that Russia's expulsion of an American missionary of the Unification Church on national security grounds ...

Congratulations to new members joining the Crown Counsel Panels
10 February 2009
We would like to extend our warm congratulations to the following members upon their successful applications to the Panel of Crown Counsel. A Panel Peter Mantle (renewed) George Peretz (elevated) Kassie Smith ...

High Court upholds Home Secretary's decision on EU "Posted Workers" Claims
10 February 2009
The High Court has given judgment in favour of the Home Secretary on an application for Judicial Review concerning the Posted Workers Directive (96/71/EC) and Article 49 EC (the freedom to provide services). The case of R(Lee Ling Low, Rising Sun Catering, Hot Hot Grill and Bar Ltd and others) v Secretary of ...

Monckton Chambers hosts the next ICC Task Force meeting on Public Procurement
3 February 2009
Monckton Chambers will host  the next ICC Task Force on Public Procurement meeting on Friday 27 February 2009 The meeting will be held to discuss: The Task Force Programme for addressing failures in public procurement systems. UNCITRAL Model Law on Procurement of Goods, Constructions and ...

Michael Bowsher QC speaks at the first Procurement Lawyers Association event
29 January 2009
Michael Bowsher QC presented his thoughts on the UK perspective on corruption at the inaugural Procurement Lawyers Association event held at Addleshaw Goddard's last Friday. The Association was formed with the aim of bringing together expert practitioners to discuss the increasingly litigious issues affecting ...

Revenue and Customs Commissioners v Livewire Telecom Ltd Revenue and Customs Commissioners v Olympia Technology Ltd [2009] EWHC 15 (Ch)
28 January 2009
Lewison J, judgment 16 January 2009 These were the first two appeals from a full Tribunal hearing to the High Court in what is known as missing trader intra-community fraud (or MTIC) fraud. The judgment helpfully sets out the ingredients of the three principal kinds of carousel-type fraud: (1) acquisition fraud; (2) ...

John Swift QC appointed member of the new Cooperation and Competition Panel
26 January 2009
It was announced today that John Swift QC has been appointed to the new Co-operation and Competition Panel, chaired by Lord Carter of Coles The Panel has been established to help ensure NHS-funded services deliver high quality care for patients and value for money for taxpayers. It will start its work later this week on ...

National Grid Appeal Against Ofgem at the Competition Appeal Tribunal
19 January 2009
On Thursday 15 January, the Competition Appeal Tribunal commenced its hearing of National Grid's appeal against Ofgem's finding that it had breached the Chapter II Prohibition under the Competition Act 1998 and Article 82 of the EC Treaty by abusing its dominant position in the domestic gas metering market. National Grid entered into agreements ...

Monckton Chambers Welcomes Robert Palmer as a New Tenant
12 January 2009
Monckton Chambers is pleased to announce that Robert Palmer has accepted tenancy with immediate effect. Robert, previously of 4-5 Gray's Inn Square, has a well established practice in general public law and human rights work, with an emphasis on issues of European Community law. He was appointed to the Attorney ...

The Lawyer's Hot 100 2009 lists Paul Harris
5 January 2009
Monckton Chambers is pleased to announce that Paul Harris has been listed as an outstanding litigator in The Lawyer's Hot 100 2009 published today. With regard to Paul they say: "A rising star in the competition world, Harris has appeared in almost every abuse of dominance case in the past few years. In 2008 he continued his ...