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2010 NEWS

Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust
21 December 2010
The High Court has today delivered judgment in only the second case to date dealing with the approach to procurements which are automatically suspended upon the issue of proceedings challenging the procurement exercise under the new Remedies Regime.  The High Court has confirmed that despite the introduction of the new regime the ...

King's Cross inset appointments upheld
3 December 2010
The Administrative Court (Mitting J.) has rejected a challenge by Thames Water Utilities Limited (TWUL) to Ofwat's decision to grant the application of Independent Water Networks Limited (IWNL) to be appointed as the water and sewerage undertaker for a re-development site at King's Cross. Under the Water Industry Act 1991, an incumbent ...

Cigarette vending machine ban challenge brought by tobacco company on EU and HRA grounds rejected
1 December 2010
R(Sinclair Collis Ltd) v Secretary of State for Health (NACMO intervening) Administrative Court (Sir Anthony May, President of the Queen's Bench Division) The Administrative Court today handed down judgment dismissing judicial review challenges to primary and secondary legislation which bans the sale of tobacco from ...

First application to lift automatic suspension under new public procurement rules successful
1 December 2010
Judgment was delivered today, 1 December 2010, in the High Court (QBD) in Indigo -v- Colchester Institute, the first application by a contracting authority under Regulation 47H of the Public Contracts Regulations (as amended) to lift an automatic suspension of entry into a contract pursuant to Regulation 47G. The judge gave abbreviated ...

Monckton Chambers Welcomes Frank Mitchell as a New Tenant
30 November 2010
Monckton Chambers is pleased to announce that Frank Mitchell has accepted tenancy with immediate effect. Frank has over ten year's experience in tax litigation with a particular focus on VAT. He worked in the VAT department of  PwC for eight years and was a Senior Manager in their London-based tax litigation department for ...

The ECHR at 60
17 November 2010
The European Convention on Human Rights was signed in Rome sixty years ago. Its signature, and the role played in its drafting by prominent British lawyers, including Sir David Maxwell-Fyfe, the rapporteur to the drafting of the Convention, is to be marked by a dinner at Gray's Inn on Friday 19 November.   The European Court of ...

Christopher Vajda QC Speaking at the Licensing Executives Society
17 November 2010
Christopher Vajda QC recently represented the parallel importer M-Tech Data Limited at the Court of Appeal in its successful defence of a summary judgment application made by Oracle America Inc (formerly Sun Microsystems Inc). Oracle had sued M-Tech for trade mark infringement in relation to disk drives which M-Tech ...

Greenpeace in legal action over UK offshore drilling in deep water
15 November 2010
Greenpeace has filed a claim at the Royal Courts of Justice, applying for permission to seek judicial review of the UK's ongoing consideration of license applications for the exploitation of North Sea oil reserves located in deep water, in the wake of the BP Deepwater Horizon disaster in the Gulf of Mexico. They are to seek court orders ...

Digital Economy Act subject to Judicial Review
11 November 2010
BT and TalkTalk have been granted permission to apply for judicial review of the online copyright infringement provisions of the Digital Economy Act 2010. The Act is intended to reduce illegal file-sharing. Once a code is made by Ofcom under the Act, copyright owners will be able report illegal file-sharing activity to ISPs, who must ...

Eurostar procurement stays on track
4 November 2010
On Friday, Mr Justice Vos dismissed an urgent application by ALSTOM Transport for an interim injunction preventing Eurostar International Limited from entering into a contract with Siemens plc for the provision of 10 new trains.  The trains were the subject of a procurement commenced in 2009 and are required to enhance the business's ...

FIFA provisionally bans Executive Committee Member
21 October 2010
Yesterday in Zurich FIFA imposed a provisional suspension upon Dr. Amos Adamu, the Nigerian member of the FIFA Executive Committee, whilst it conducts further investigations into the allegations made recently in The Sunday Times that Dr. Adamu and other members had offered to commit their votes in the forthcoming World Cup contest in return for ...

Grand Chamber to examine measures taken under UN Security Council Resolutions against Al-Qaeda
21 October 2010
The case of Nada v Switzerland is set to be heard in the Grand Chamber of the European Court of Human Rights.  The case involves a challenge to the implementation of UN sanctions on persons supposedly connected in someway to Al-Qaeda. The challenge is being made because of the passage of nearly seven years without providing either any ...

Liverpool FC finally sold
18 October 2010
Paul Harris acted for the Chairman of Liverpool FC, Martin Broughton, and his co-directors Christian Purslow and Ian Ayre during last weeks rapidly unfolding events which culminated, at the eleventh hour, in the sale of LFC to the Boston Red Sox owner, J W Henry. In frantic High Court and Texas District Court action, two interim and one ...

Monckton Members Acknowledged in the National Council for Voluntary Organisations FOI guidance
15 October 2010
Monckton members Gerry Facenna and Laura Elizabeth John have been acknowledged in the National Council for Voluntary Organisations Freedom of Information ("FOI") guidance.  Both Gerry and Laura have aided the Campaign for Clean Air in London ("CCAL") over the last two years, representing the campaign at the Information Tribunal and ...

Competition Commission appeal in BAA airports case allowed
13 October 2010
The Court of Appeal has reinstated the report of the Competition Commission which required the sale by BAA of Gatwick airport, Stansted airport and one of Glasgow or Edinburgh airports.  The Court of Appeal's judgment over turns the effect of an earlier decision of the Competition Appeal Tribunal which set aside the report on the basis ...

Liverpool F.C. Owners Lose Interim Legal Battle
13 October 2010
The High Court today ruled in favour of the Royal Bank of Scotland ("RBS") in a case concerning the composition of the Boards of the two holding companies of Liverpool F.C. ("LFC") following actions taken last week by LFC's ultimate owners Tom Hicks and George Gillett ("the Owners").  In particular, the Owners had purported to remove Mr ...

Melanie Hall QC Speaking at the annual De Voil Conference – 30 November 2010
5 October 2010
Melanie Hall QC will be speaking at the annual De Voil Conference on 30 November 2010.  The event will enable delegates to navigate the complexities of indirect tax.   Melanie will be speaking about the proposed anti avoidance rules and the implications for business in respect of the Weald Leasing case and its ...

Cyprus Court Freezes Russian Tycoon's Business Assets
23 September 2010
A court in Cyprus has frozen the assets of Russian businessman and senator Suleiman Kerimov, including his stakes in Uralkali and Polyus Gold following a $2bn suits filed in London and Cyprus by Russian MP Ashot Egiazaryan and his partners.  The decision was handed down on September 13 and is set for a return hearing on September ...

Court of Appeal allows appeal in a case involving the importation of grey market computer goods
1 September 2010
Oracle America (Formerly Sun Microsystems) v M-Tech Data Ltd and Stephen Lawrence Lichtenstein In an important case concerning the relationship between trade mark rights under the trade mark Directive and other provisions of EU law, the Court of Appeal on 24 August allowed an appeal by M-Tech, an independent trader ...

Former Attorney General and Monckton Tenant Lord Lyell QC dies aged 71
31 August 2010
The members and staff of Chambers are deeply saddened to learn of the death of Lord Nicholas Lyell QC on 30 August 2010.  He was one of very few lawyers to have combined a successful career in Parliament and a major private practice.  After 20 years at the bar he was appointed Solicitor General from 1987-92 and then Attorney ...

Monckton Members Shortlisted for Chambers Bar Awards 2010
27 August 2010
The shortlists for these prestigious awards have been revealed and we are pleased to have been nominated as 'Set of the Year' for Competition and EU. Additionally, in the Competition and EU category, Jon Turner QC is listed for 'Silk of the Year' and Paul Harris 'Junior of the Year'.  The awards will be ...

Piers Gardner addresses ILA 2010 on Human Rights of and in Companies
18 August 2010
The International Law Association's 74th Conference is being held in the Hague from 15 to 20 August 2010 at the invitation of the Netherlands Society of International Law, to mark the latter's centenary. Piers Gardner of Monckton Chambers joined a distinguished panel of academic and practitioner speakers from Australia, the ...

Court of Appeal delivers compound interest judgment in test VAT case
13 August 2010
John Wilkins (Motor Engineers) Ltd and others  v HMRC [2010] EWCA Civ 923 These appeals are part of a growing area of litigation in which taxpayers who have over paid VAT claim entitlement to compound interest rather than simple interest.  In ...

Ofcom successfully resists judicial review claim in relation to cancellation of satellite filing decision
12 August 2010
Case-CO/5018/2009 - Ofcom have successfully resisted a claim for judicial review by ICO Global Communications (Holdings) Ltd (ICO) of a decision of Ofcom to write to request that the International Telecommunications Union (ITU) remove ICO's global medium earth orbit (MEO) satellite system (ICO-P) from the Master International Frequency ...

O'Brien v Ministry of Justice (Council of Immigration Judges intervening) referred by Supreme Court to the ECJ
3 August 2010
O'Brien v Ministry of Justice [2010] UKSC 34 The Supreme Court decided to make a reference to the ECJ in a case concerning the statutory exclusion of part-time fee-paid judges from the scope of the Part-time Workers Regulations 2000 ("the Regulations"), which implement the Part-time Workers Directive ("PTWD"). Salaried judges ...

Ryanair maintains its substantial minority shareholding in Aer Lingus but prohibited from full takeover
28 July 2010
The General Court (Case T-342/07 and Case T-411/07)  upheld two decisions of the EU Commission in respect of the long standing dispute between Ryanair and Aer Lingus as to the future ownership and control of the smaller airline.  The Commission had considered that the acquisition would significantly impede effective competition, in ...

Monckton Chambers launches Merger Control Group
6 July 2010
Leading Competition law set Monckton Chambers has formally launched a Merger Control Group, offering the full range of merger control services to its client base. As one of the leading commercial sets at the Bar to host a stellar cast of competition law practitioners, Monckton Chambers has always been a first port of call for many city ...

Melanie Hall QC speaks at the The Chartered Institute of Taxation's VAT Conference
30 June 2010
Melanie Hall QC addressed the London Branch of the Chartered Institute of Taxation (ICOT) on Tuesday 29 June speaking on where to draw the line between legitimate planning and abuse.  Her talk included an update on Halifax following the recent hearing at the Court of Justice for the European Union of Weald ...

ECJ Hands Down Judgment in Vodafone 'Roaming' Case
25 June 2010
Case C-58/08 - Vodafone and others This reference was made in proceedings between Vodafone, O2 Europe, T-Mobile, Orange and the Secretary of State for Business, Enterprise and Regulatory Reform concerning the validity of provisions for the implementation of Regulation No 717/2007 adopted by the UK and Northern Ireland ...

Environmental Groups Defend European Efforts to Reduce Aircraft Emissions
28 May 2010
A transatlantic coalition of environmental groups was today given permission to intervene in an action at the High Court to defend Europe's right to tackle carbon emissions from aircraft that fly into and out of Europe. The coalition, consisting of three US-based organisations, the Environmental Defense Fund, Earthjustice, and the ...

The Parking Adjudicator's approach to defects in "signs and lines" upheld in High Court case on Controlled Parking Zones
25 May 2010
NEIL HERRON PARKING APPEALS LIMITED v THE PARKING ADJUDICATOR and SUNDERLAND CITY COUNCIL (1) PARKING AND TRAFFIC APPEALS SERVICE (2) TRAFFIC PENALTY TRIBUNAL (3) NCP SERVICES LIMITED (4) SECRETARY OF STATE FOR TRANSPORT (5) (as Interested Parties) Mr Justice Bean [2010] EWHC 1161 (Admin) The Administrative Court today ...

Oxford Town and Gown
18 May 2010
A nine-strong Monckton Chambers team competed in the Oxford Town and Gown 10k Race last Sunday to raise funds for the Muscular Dystrophy Campaign.  Monckton Man of the Race was Alistair Lindsay who came 11th out of a field of over ...

Monckton Chambers Shortlisted as 'Chambers of the Year' at The Lawyer Awards 2010
17 May 2010
Monckton Chambers have been shortlisted as 'Chambers of the Year' at The Lawyer Awards 2010. This year's awards ceremony will be held at Grosvenor House, Park Lane London on 22 ...

'Clean Air in London' (CCAL) wins at Information Tribunal after Government admits Tribunal's ruling means "it does not have much of an appeal left"
12 May 2010
The First Tier Information Tribunal has heard an appeal by the Department for Environment Food and Rural Affairs against a Decision by the Information Commissioner's Office on 2 November 2009 that it must release all information requested by the Campaign for Clean Air in London (CCAL) on 22 January 2009.  CCAL's original request ...

Court of Appeal to decide on extension of time for bringing follow on damages actions in the Competition Appeal Tribunal
10 May 2010
On 7 May 2010 the Court of Appeal granted BCL permission to appeal to the Court of Appeal on the question of whether the Competition Appeal Tribunal was right to dismiss an application for an extension in time for lodging a claim for damages against BASF under section 47A of the Competition Act 1988 following a European Commission decision ...

Ian Hutton Memorial Service
10 May 2010
The members and staff of Chambers are deeply saddened to confirm the sudden death of Ian Hutton on 1 May 2010.  He leaves behind many friends and will be sorely missed by us all. There will be a memorial service at Lincoln's Inn Old Hall from 5.00pm on Wednesday 26 May.  Please attend to bear ...

Melanie Hall QC to Speak at the VPG Annual Conference
28 April 2010
Melanie Hall QC is to present this year's Victor Durkacz Memorial Lecture at the VAT Practitioners Group Annual Conference on 18 June 2010. The VPG is at the forefront of VAT practitioners' representation, whose monthly meetings give members the opportunity to discuss various technical issues and to keep abreast of recent VAT ...

Oxford Town and Gown
27 April 2010
A group of us will be running in the upcoming Oxford Town and Gown 10k run on Sunday 16 May in support of the Muscular Dystrophy Campaign.  The charity provides free care and support for babies, children and ...

Local authorities’ duty to bring effect of bye-law to attention of road users
27 April 2010
R(Oxfordshire County Council) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin)  Beatson J Mr Justice Beatson gave judgment yesterday in a test case concerning the enforcement of penalty charges for bus lane contraventions in Oxford's historic city centre.  The facts of the case concerned a 15 metre stretch of road ...

Court of Appeal delivers judgment on insurance exemption
22 April 2010
In a landmark decision for the insurance industry, the Court of Appeal has held that operators of comparison websites that introduced potential insureds to insurers were acting as insurance agents or brokers providing insurance intermediary services and so qualified for VAT exemption. Rejecting HMRC's arguments, the Court held that it ...

Swallow v HM Revenue and Customs and the Cabinet Office
16 April 2010
Elisa Holmes has successfully defended an appeal from a decision of the Pensions Ombudsman in relation to the Public Service Pension Scheme.  The case concerned a wide-reaching point of principle in relation to early retirement sickness benefits.  Mrs Swallow after suffering with 'Anxiety Neurosis' (panic attacks) was ...

Supreme Court refuses to refer Article 49 posted workers cases to the ECJ
6 April 2010
The Supreme Court (Lord Rodger, Lady Hale, Lord Mance) has rejected an application for permission to ...

Office of Fair Trading v Peter Hall
1 April 2010
Elisa Holmes successfully represented the OFT in persuading a reluctant court to grant an enforcement order preventing Peter Hall from using his consumer credit licence obtained from the OFT on the basis of a contravention of the Consumer Credit Act and the Regulations. This landmark case concerned the first attempt by the OFT to use ...

Valentina Sloane Shortlisted in the Taxation Awards 2010
31 March 2010
The nominations for these awards have been published, and we are pleased to announce that Valentina Sloane has been shortlisted for 'Rising Star' at the Taxation Awards 2010. The winner will be announced on 20 May at the London Hilton Hotel, Park ...

HMRC win £136m VIC GLO VAT test claims in Court of Appeal
29 March 2010
Monckton barristers Peter Mantle and Philip Woolfe acted for HMRC in their successful defence of the first group litigation in VAT to reach trial.  This should end a group of claims valued at around £136 million. The Court of Appeal upheld HMRC's arguments that the test claims should be dismissed in their entirety. Further, the ...

High Court grants Sita permission to appeal in Procurement dispute
29 March 2010
The High Court has granted Sita leave to appeal to the Court of Appeal following their case against Greater Manchester Waste Disposal Authority (GMWDA) in which GMWDA were successful in striking-out Sita's claim on the grounds that it brought was out of time. The case arises out of the tendering process for a PFI project to provide ...

BAA v Competition Commission
26 March 2010
The Court of Appeal has granted the Competition Commission permission to appeal against the Competition Appeal Tribunal's findings that the participation in the market investigation into BAA's supply of airport services in the UK of one member of the inquiry panel gave rise to apparent bias. Ben Rayment is Junior Counsel to the ...

Court of Appeal finds levy on importations of sea fish products to be in breach of EU law
19 March 2010
The Court of Appeal has allowed an appeal by importers of sea fish and sea fish products into the UK against a levy imposed on their importations.  The Court held that the Sea Fish Industry Authority (Levy) Regulations 1995 were ultra vires the Fisheries Act 1981 in so far as they imposed a levy on sea fish and sea fish products which were ...

Nicholas Paines QC Appointed Deputy High Court Judge
10 March 2010
Monckton Chambers is pleased to announce that Nicholas Paines QC has been appointed a Deputy High Court Judge. This appointment will enable Nicholas to sit in the Administrative Court as well as the Upper Tier of the Tax and Social Security Tribunals. Nicholas Paines QC was called to the Bar by Gray's Inn in 1978 and took Silk ...

Yukos v Russia case heard in ECHR
5 March 2010
Piers Gardner of Monckton Chambers represented Yukos Oil Company in the hearing on the merits of its application  to the European Court of Human Rights held in Strasbourg on 4 March 2010.  The Application concerns the lawfulness under the European Convention on Human Rights of the additional taxation of Yukos in Russia and the ...

Further Elevations to the Panels of Junior Counsel to the Crown
3 March 2010
Monckton Chambers warmly congratulates Andrew Macnab who has been elevated to the Attorney General's A Panel of Treasury Counsel, along with Gerry Facenna and Anneli Howard, who have both been elevated to the B panel.  These elevations continue to illustrate our expertise in VAT/indirect tax litigation and water regulation, public, ...

Court of Appeal gives judgment in the National Grid Appeal
24 February 2010
The Court of Appeal has given judgment in National Grid's appeal against a decision by the Competition Appeal Tribunal in April of last year. The Tribunal had largely upheld a decision of the energy regulator, Ofgem, finding that National Grid had abused its dominant position in the market in Great Britain for the provision of ...

South African Tribunal Imposes Maximum Fines in Bread Cartel Case
3 February 2010
The case concerned complaint referrals brought by the Competition Commission against Pioneer Foods (Pty) Ltd, in which Pioneer's bread baking divisions, Sasko and Duens, are alleged to have formed part of bread manufacturers' cartels that fixed prices and divided markets under sections 4(1)(b)(i) and (ii) of the Competition Act. Tiger ...

CoA rejects JML Direct's challenge in EPG listings dispute
2 February 2010
The Court of Appeal today dismissed an appeal by TV shopping channel JML Direct relating to the allocation of Electronic Programme Guide (EPG) numbers by Freesat, a multi-channel TV service owned jointly by the BBC and ITV.  The ruling has implications for the interpretation of regulatory codes. JML had appealed the earlier ...

Andrew Macnab publishes Book on EC/Competition Law
1 February 2010
The 2010 edition of Bellamy and Child: Materials on European Community Law of Competition, edited by Andrew Macnab of Monckton Chambers, was published by Oxford University Press on 28 January 2010. This volume of EC competition law materials serves both as the Materials volume of the Sixth Edition of Bellamy & Child: ...

American Express Appeal Dismissed
29 January 2010
The High Court has today given judgment in a VAT appeal concerning single/multiple supplies and issues concerning place of supply of services. The Court dismissed an appeal by a UK based American Express company in relation to supplies of real estate services provided to its American parent.  American Express had contended the place of ...

CA rejects EU telecoms law challenge to UK fibre-optics tax
28 January 2010
The Court of Appeal today dismissed a challenge by Vtesse Networks Ltd to the way its fibre-optic network is valued for the purpose of levying Business Rates. The Valuation Office Agency had valued Vtesse's network by reference to the valuations which had already been ascribed to comparable fibre-optic networks, but not by reference to ...

Court of Justice rules on national time limits for bringing public procurement challenges
28 January 2010
On 28 January 2010, the Court of Justice of the European Union (formerly the European Court of Justice) handed down its judgment in Case C-406/08 Uniplex.  This judgment will affect fundamentally the way in which challenges to public procurement processes are made in the United Kingdom. The case concerned a dispute between ...

Competition Appeal Tribunal sets procedure for construction appeals
27 January 2010
The Competition Appeal Tribunal has decided that it will hear all appeals against the OFT's decision in the construction investigation separately. On 21 September 2009, following a five year investigation into the construction industry, the OFT imposed financial penalties totalling £129.2 million on 103 construction companies ...

DEFRA Wins "Abuse of Right" Case in Court of Appeal
26 January 2010
The Court of Appeal today held that agricultural exporters that abused their rights under a CAP subsidy scheme should have to pay a substantial penalty.  The scheme in question had special provisions that helped small exporters.  In order to meet the criteria of that scheme, a large exporter decided to get seven of its ...

BSkyB Appeal Dismissed by Court of Appeal
21 January 2010
The Court of Appeal has today handed down its judgment in the BSkyB/ITV litigation,  The outcome is is that the Competition Commission and the Secretary of State for Business Enterprise and Regulatory Reform (both represented by teams from Monckton Chambers) have succeeded on all of the various appeals and cross appeals which were live ...

B2NET Limited and HM Treasury (sued as Buying Solutions)
20 January 2010
The Defendant, Buying Solutions commenced a competitive public procurement to establish a framework agreement for the provision of IT goods and services. The Claimant B2Net Limited, an IT storage company providing companies with hardware and software to improve IT performance, submitted its response with a view to being selected for an ...

Anneliese Blackwood Returns from Pegasus Scholarship
12 January 2010
Anneliese Blackwood has just returned to chambers after completing a Pegasus scholarship to Australia.  Anneliese spent the first few weeks in Sydney where she worked with Nicholas Owens, a barrister at Seven Wentworth Barristers' Chambers. She then spent several weeks with the law firm Mallesons Stephen Jaques in their Melbourne office. ...

New Monckton Tenant Successfully Completes Internship at the ECJ
4 January 2010
New Monckton tenant Owain Draper has returned to Chambers having completed an internship in the chambers of Advocate General Sharpston at the European Court of Justice. Owain prepared notes for hearings and produced first drafts of Opinions in matters including the availability of exemption from VAT for supplies related to the supply of ...