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2011 NEWS

Victory for Environmental Groups on EU emissions
21 December 2011
The Court of Justice of the European Union has today ruled that extending the EU emissions trading scheme to international aviation activities, under Directive 2008/101, does not breach public international law.  The extension will enter force as from 1 January 2012. The Court rejected the claim from US airlines including United, ...

Key Strasbourg Ruling on Hearsay Evidence and "Judicial Dialogue"
15 December 2011
Eric Metcalfe acted on behalf of the NGO intervener JUSTICE in a landmark judgment by the Grand Chamber of the European Court of Human Rights in the case of Al Khawaja and Tahery v United Kingdom. The much-anticipated ruling came in the wake of the judgment of the UK Supreme Court in R v Horncastle in late 2009 in ...

Competition Commission clears frozen meals merger
2 December 2011
The Competition Commission (CC) today issued its final report into the acquisition by Kerry Foods Limited of Headland Foods Limited. Before the merger, the companies were the two largest suppliers in the UK of frozen ready meals (FRMs), mainly to supermarkets.  After a detailed investigation, the CC accepted Kerry's case that ...

Victory against Network Rail in landmark High Court public procurement decision
30 November 2011
Elisa Holmes and Fiona Banks successfully represented Photo-Me International Plc in defending a strike out application brought by Network Rail Infrastructure Limited. In what is set to be a landmark case, the judgment considers the relationship between the Utilities Directive (Directive 2004/17/EC) and the General Directive (Directive ...

Valentina Sloane Featured in the Tax Journal's "40 Under 40"
28 November 2011
Monckton Chambers is pleased to announce that Valentina Sloane has been listed in the Tax Journal's feature - "40 Under 40".  The feature focuses on individuals in the tax profession who have illustrated technical excellence, commercial nous and good client skills. "Valentina is an experienced advisor and litigator in ...

Court of Justice delivers significant new ruling on the principle of fiscal neutrality in Rank Group v HMRC
11 November 2011
On 10th November 2011, the Court of Justice of the European Union ("CJEU") delivered its keenly anticipated judgment in HMRC v Rank, in which it gave preliminary rulings on questions referred by both the Upper Tribunal and the Court of Appeal.  The judgment is significant both in terms of the clarification it provides ...

Teva Pharmaceuticals Limited awarded security for its costs as defendant in abuse of dominance proceedings by Chemistree
4 November 2011
Briggs J ordered that Chemistree must pay £750,000 to Teva by way of security in a series of staggered payments.  The Judge held that, in defending itself against Chemistree's claims, Teva was entitled to incur legal costs that reflected "the best legal representation that it could secure."  The Judge was critical of the limited ...

Monckton Chambers: "Set of the Year" and "Junior of the Year" - EU & Competition Law
28 October 2011
Monckton Chambers was honoured to be awarded "Set of the Year" for our work in EU and competition law for the third year in a row at the annual Chambers Bar Awards held at the Hilton Hotel, Park Lane. Josh Holmes was recognised in the same field last night as he picked up ...

Competition Commission minded to clear Kerry/Headland frozen Meals merger
25 October 2011
The Competition Commission today issued its Provisional Findings in the Kerry/Headland merger inquiry.  Kerry Foods Limited (part of the Kerry Group) and Headland Foods Limited were both leading suppliers of frozen ready meals (FRMs) to UK supermarkets. Kerry purchased Headland's FRM business in January 2011.  The ...

Fast Track Appeal Granted in Library Closure Case
20 October 2011
Lord Justice Elias has granted permission to appeal and ordered that attempts should be made for it to be heard before the Court of Appeal early next month after campaigners, who sought a judicial review against Brent Council's decision to close six libraries in north-west London, lost their bid in the High Court last week. An Order has ...

High Court Rules in favour of Claimants in preliminary attack in the Copper Tubing Cartel Case
19 October 2011
The High Court today handed down judgment In an important decision for those considering the English High Court as a forum for damages claims in international competition law cases. A group of Toshiba companies claimed damages against companies alleged to have taken part in an international cartel in the supply of industrial copper ...

Security for Costs in CAT damages action dismissed
17 October 2011
For only the second time in its history, the Competition Appeal Tribunal has given judgment on a security for costs application in the case of 2 Travel Group Plc (in liquidation) v Cardiff City Transport Services Ltd. The Claimant in this action seeks damages from the Defendant pursuant to section 47A of the Competition Act 1998. The ...

Decision to Close Libraries Legal
14 October 2011
Campaigners seeking a judicial review against the closure of six libraries in north-west London lost their bid in the High Court yesterday.  They argued that Brent Council's approach to assessing the need for library services and alternative proposals by community groups was in breach of the duty to provide a comprehensive and efficient ...

Piers Gardner - The Times' Lawyer of the Week
13 October 2011
Piers Gardner has today been featured in the Times' Lawyer of the Week.  Piers recently acted for Yukos, the oil company, in the European Court of Human Rights, in a $98bn claim for compensation - the largest commercial dispute ever litigated. To read the feature, please click ...

ICO-P Satellite Appeal Dismissed
11 October 2011
The Court of Appeal has dismissed the appeal of ICO Satellite Limited against a judgment of the Administrative Court refusing a claim for judicial review of Ofcom's decision to write to the International Telecommunications Union (ITU) to request the cancellation of the spectrum and orbital assignments registered in its Master International ...

EU emissions trading scheme compatible with international law
6 October 2011
Following the European Court of Justice hearing in July of this year, Advocate General Kokott has delivered her Opinion in which she rejects a challenge brought by United, Continental and American airlines, and their trade association the Air Transport Association of America (ATA), to the lawfulness of including international aviation in the EU ...

Jon Turner QC nominated for the Sydney Elland Goldsmith Bar Pro Bono Award
6 October 2011
Congratulations go to Jon Turner QC who has been nominated for the 2011 Sydney Elland Goldsmith Bar Pro Bono Award. The winner will be anounced at the Bar Conference, Saturday 5 November by Lord Goldsmith. The Bar Pro Bono Unit is a charity which helps to find pro bono ...

JUSTICE Director of Human Rights Policy joins Monckton
3 October 2011
Eric Metcalfe joins Monckton Chambers from JUSTICE, one of the leading organisations on law reform and human rights where he was the director of human rights policy. During this time Eric was involved in many key cases concerning national security in the UK, including Ahmed and others v HM Treasury ...

Correction to the The Public Procurement (Miscellaneous Amendments) Regulations 2011
28 September 2011
The Stationery Office has today issued a correction in relation to the The Public Procurement (Miscellaneous Amendments) Regulations 2011. Page 9, regulation 19(2)(a), in the substituted regulation 45D(2), line two: "...the utility first..." should read "... the economic operator first...". For the Regulation in full, please ...

European Court of Human Rights finds for Yukos Oil Company
20 September 2011
The European Court of Human Rights has given judgment on the merits of the largest commercial dispute ever litigated. Yukos Oil Company, formerly the largest and most successful Russian oil company, challenged the imposition and enforcement of additional tax liabilities for four years (2000-3) together with fines and penalty interest ...

Monckton Shortlisted for Competition/EU Categories in Chambers Bar Awards
8 September 2011
The 2011 Chambers Bar Awards shortlist has been announced.  Monckton Chambers has once again been nominated for 'Set of the Year' for Competition/EU after winning the award last year. Additionally, we are pleased to announce Daniel Beard QC has been nominated for 'Silk of the Year' along with Josh Holmes for 'Junior of the Year', ...

Court of Appeal upholds the arbitrability of unfair prejudice petitions
5 September 2011
In Fulham Football Club (1987) Limited v Sir David Richards, The Football Association Premier League Limited  [2011] EWCA Civ 855, the Court of Appeal held that unfair prejudice petitions under section 994 of the Companies Act 2006 may be referred to arbitration and that, accordingly, Mr Justice Vos had been correct to order a ...

Public Procurement (Miscellaneous Amendments)
31 August 2011
The new Public Procurement (Miscellaneous Amendments) Regulations 2011 which come into force on 1 October will see the basic time limit for starting any proceedings not claiming ineffectiveness reduced to 30 days from the date of knowledge. There are also other changes to the suspension regime ...

OFT clearance of the anticipated acquisition by Digital Healthcare Limited of Orion Imaging Limited
3 August 2011
The parties are both providers of Digital Retinal Screening Software (DRSS) to the UK's diabetic retinopathy screening programmes.  The aim of diabetic retinopathy screening is to reduce the risk of sight loss among people with diabetes. The screening programme involves a systematic annual screening of all diabetic patients aged 12 or ...

Court of Appeal applies principles of substantial compliance in public law test case
2 August 2011
NEIL HERRON  and PARKING APPEALS LIMITED v THE PARKING ADJUDICATOR; (SUNDERLAND CITY COUNCIL and the SECRETARY OF STATE FOR TRANSPORT as Interested Parties) Court of Appeal (Stanley Burnton and Aikens LJJ, Sir David Keene) [2011] EWCA Civ 905 The Court of Appeal handed down judgment last week in a public law case ...

CAT Upholds OFT's Position as Ryanair Seek to Appeal
1 August 2011
In its judgment in Ryanair v OFT, the Competition Appeal Tribunal stated its view as to how the UK's merger regime should interact with the EU merger regime in certain cases where a potential purchaser has built up a minority shareholding in a target company prior to launching a full public bid.  In the autumn of 2006, ...

Monckton appointed to London 2012 Olympic and Paralympic sports advocacy panel
28 July 2011
Monckton Chambers will have a strong presence on the London 2012 Pro Bono sports advocacy service, having had 3 members of chambers elected.  Paul Harris QC, Elisa Holmes and Fiona Banks were elected to offer free legal representation for accredited athletes, coaches as well as National Olympic Committees and International Federations ...

Teva successfully resist injunction against pharma company under Article 102 TFEU
18 July 2011
Chemistree Homecare Ltd & anor v Teva Pharmaceuticals Ltd [2011] EWHC 1877 (Ch) On 4 July 2011, Mr Justice Mann refused an application brought by Chemistree, a homecare provider/group of pharmacies for an interim mandatory injunction requiring the pharmaceutical company Teva to supply it with 1200 packs of Copaxone (a ...

Emissions Fight Continues in Luxembourg
7 July 2011
The European Court of Justice in Luxembourg has heard a defence of the Directive integrating international aviation into the EU emissions trading system (EU-ETS), from the European Union, six Member States including the UK, and an international coalition of environmental organisations.   The coalition of environmental ...

Supreme Court refuses permission in MTIC test case
1 July 2011
By decision of 28 June 2011, communicated to the parties on 1 July 2011 the Supreme Court has declared inadmissible the application by Mobilx for permission to appeal out of time against the MTIC VAT fraud decision of the Court of Appeal in Mobilx Ltd & Ors v HM Revenue & Customs [2010] EWCA Civ 517. Philip Moser of Monckton ...

Monckton Win in Cigarette Sales Appeal
17 June 2011
The Court of Appeal handed down judgment today upholding legislation which will prohibit the sale of tobacco from vending machines. It rejected appeals brought by a subsidiary of Imperial Tobacco and members of the cigarette vending machine industry. They argued that the legislation was unlawful in that it contravened the free movement ...

George Peretz Co-authors Guide to The Freedom of Information Act 2000
6 June 2011
Monckton member George Peretz has co-authored the latest edition of the Blackstone's Guide to the Freedom of Information Act 2000. The new edition of this Guide provides a comprehensive overview of the FOI Act, combined with comment and analysis on the effect of the legislation.  It incorporates and discusses the case law ...

A Guide to Disguised Remuneration
3 June 2011
The disguised remuneration rules to be introduced under the Finance Act 2011 are acknowledged by the Government to be complex.  The legislation is deliberately drafted to catch more than the Government intended, namely EBTs and EFURBs considered to be abusive.   Although numerous exclusions seek to allow normal business activity ...

Success for Paul Harris QC in Final Bloodgate Appeal
19 May 2011
Paul Harris QC, after successfully arguing in the High Court last December that the striking-off order relating to Steph Brennan was defective for lack of reasoning, succeeded at the remittal before the Health Professions Council in persuading the Panel to reduce the severity of the sanction to a professional caution. In April 2009 ...

Upper Tribunal rules on Capital Goods Scheme in Leaseback cases
11 May 2011
In one of Sir Stephen Oliver's last decisions, the Upper Tribunal has, for the first time, dealt definitively with the Capital Goods Scheme (CGS) under the VAT General Regulations 1995. In the context of a leaseback scheme, the Upper Tribunal applied the ECJ's ruling in Case C-275/01 Sinclair Collis v HMRC and found that payment of rent is an ...

John Swift QC Celebrates Peter Freeman QC's Tenure at the Competition Commission
10 May 2011
John Swift QC spoke at an event to celebrate Peter Freeman QC's tenure as Chairman of the Competition Commission.  Freeman, was appointed Chairman in 2006, having been a member since May 2003 and a Deputy Chairman since September 2003. John Swift QC commented "So you can leave Office with the satisfaction that under your ...

Monckton Members Set for National Tax Debate
9 May 2011
Paul Lasok QC and Philip Woolfe are to take part in a unique tax debate hosted by Farrer & Co at The National Gallery on Thursday 19 May.  The debate promises to be a lively affair with over 250 tax experts in attendance.  The debate will focus on whether ...

Monckton Shortlisted for 'Chambers of the Year'
5 May 2011
The Lawyer has announced their nominations for The Lawyer Awards and we are honoured to have been shortlisted for 'Chambers of the Year'.  The awards ceremony will be held at Grosvenor House, Park Lane London on 21 ...

Digital Economy Act: High Court dismisses challenge
20 April 2011
The High Court has today dismissed a challenge to the lawfulness, under EU law, of the provisions of the Digital Economy Act 2010 aimed at requiring internet service providers (ISPs) to help reduce illegal 'peer to peer' file-sharing. Under the Act, Ofcom must make a Code requiring ISPs to notify their subscribers of alleged instances ...

Monckton Chambers Welcomes Tarlochan Lall
8 April 2011
Described by Chambers UK as 'personable and responsive' providing 'proactive and high-quality advice' Tarl, with over 20 years' experience as a tax lawyer joins Monckton from Charles Russell LLP, where he founded and headed the Corporate Tax department. Tarl will be specialising in direct and indirect taxes, ...

CAT Cuts Construction Recruitment Penalties
4 April 2011
The Competition Appeal Tribunal has allowed in large part the appeals of 3 undertakings against the penalties imposed by the OFT in relation to the construction recruitment cartel. The OFT fined 7 construction recruitment agencies for engaging in a collective boycott of an intermediary for the supply of candidates to construction ...

High Court Lifts Automatic Suspension Number Four
1 April 2011
The United Kingdom Border Agency, represented by Elisa Holmes, has won a hearing determining its application to have an automatic suspension imposed under Regulation 47G of the Public Contract Regulations 2006 (as amended by the Public Contract (Amendment) Regulations 2009) lifted. Metropolitan Resources, represented by Philip Moser, ...

Jeremy McBride set for ECtHR with Nada v Switzerland
22 March 2011
The case Nada v Switzerland is to be heard in the Grand Chambers of the European Court of Human Rights, tomorrow 23 March.  The case involves a challenge to the implementation of UN sanctions on persons supposedly connected in some way to Al-Qaeda. The challenge is being made because of the passage of over seven years without ...

Ian Hutton Memorial Moot
21 March 2011
Friends, colleagues, parents, staff and students were invited to attend the first annual moot in memory of Monckton barrister and alumnus Ian Hutton held in March at the Galleries of Justice in Nottingham. The moot, which forms an integral part of the final year LLB module, involved a human rights law problem.  The Moot was judged ...

CAT Cuts Fines in Construction Cartel
14 March 2011
Following a five year investigation into the construction industry, the OFT imposed financial penalties totalling £129.2 million on 103 construction companies for having engaged in cover pricing. The Decision is the longest ever taken by the OFT running to nearly 2000 pages. Twenty five companies appealed to the Competition Appeal ...

Credit card surcharges lead to parking penalties being set aside – High Court rejects Camden Council’s judicial review
2 March 2011
R(Camden Council) v Parking Adjudicator [2011] EWHC 295 (Admin) This was a test judicial review case brought by Camden Council to challenge various decisions of parking adjudicators who had allowed appeals against the payment of penalty charges during a period in ...

Monckton Announces Three New Silks
2 March 2011
Monckton Chambers is very pleased to announce the appointment of Paul Harris, Tim Ward and Daniel Beard to Queen's Counsel.   The official swearing-in ceremony will take place on Thursday 7 April 2011 The members and staff of Chambers warmly congratulate Paul, Tim and Daniel on their new ...

Attorney General's Panel Appointments
2 March 2011
Chambers is delighted to announce that Robert Palmer has been elevated to the A Panel, Ronit Kreisberger has been elevated to the B Panel and Ewan West has been appointed to the Attorney General's C panel. Robert's recent human rights cases have included acting on behalf of the government in the House of Lords in the challenge to the ...

Three Members Appointed to the Equality & Human Rights Commission Preferred Panel of Counsel
2 March 2011
Monckton Chambers is very pleased to announce the appointment of Ian Rogers, Robert Palmer and Gerry Facenna to the Equality & Human Rights Commission Panel of Counsel.  The EHRC's responsibility is to "promote and monitor human rights and to protect, enforce and promote equality across the seven "protected" grounds - age, ...

Judicial Review of Nature Reserve designation succeeds
1 March 2011
In R (Western Power Distribution Investments Ltd) v Cardiff County Council, the Administrative Court quashed a decision of the Council to designate land it owned as a nature reserve under section 21 of the National Parks and Access to the Countryside Act 1949. The Claimant was engaged in a long running planning battle with the Council ...

Green Light for Greenpeace JR
25 February 2011
The High Court has granted permission to apply for a judicial review to environmental group Greenpeace.  Greenpeace filed a claim at the High Court, 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 ...

NHS sues Reckitt Benckiser
25 February 2011
The NHS has launched a High Court claim for damages for abuse of a dominant position in relation to the supply of Gaviscon against Reckitt Benckiser with all 10 Strategic Health Authorities and 144 Primary Care Trusts in England behind Andrew Lansley as Secretary of State for Health who is leading the action. Last year the OFT fined ...

Monckton Chambers ~ An Elite Set for Competition Law
18 February 2011
GCR has published its Barrister Survey and has listed Monckton as an elite set in competition law.  Furthermore, Jon Turner QC has been profiled as a leading silk, with Daniel Beard and Josh Holmes listed as leading juniors.  GCR's write-up also names nine other members for their achievements in competition ...

BAA airports appeal refused by Supreme Court
15 February 2011
A panel of Supreme Court Judges has refused BAA Limited permission to appeal to the Supreme Court  against the judgment of the Court of Appeal.  The effect of the Court of Appeal's judgment  was to reinstate the report of the Competition Commission, which required the sale by BAA of Gatwick airport, Stansted airport and one of ...

Suspensory Application Lifted ~ Three in a Row for Monckton
28 January 2011
Judgment was delivered in the High Court in Halo Trust v The Secretary of State for International Development. The case concerns the procurement of services for mine clearance and development work in Cambodia.  The Department of International Development (DFID) had been funding the claimant, the Halo Trust, and the ...

Does European anti-discrimination law apply to volunteers?
26 January 2011
On 26 January 2011, the Court of Appeal handed down judgment in the case of X v Mid Sussex Citizens Advice Bureau and others [2011] EWCA Civ 28.  The case concerned a volunteer worker at a Citizens Advice Bureau who alleged that she had been discriminated against on the grounds of her disability.  The relevant domestic law ...

"Bloodgate" Ban Disproportionate
21 January 2011
Physiotherapist Stephen Brennan has today (21 January) won his appeal against the decision of the Health Professions Council ("HPC") to strike his name from the register of physiotherapists after his involvement in what has become known as the "bloodgate" scandal. Mr Brennan admitted a total of five instances of being involved in faking blood ...

The Lawyer's Hot 100 2011 lists Meredith Pickford
4 January 2011
Monckton Chambers is pleased to reveal that Meredith Pickford has been listed as an outstanding litigator in The Lawyer's Hot 100 2011 published today. Meredith is the only junior barrister to be included in this year's list "Meredith Pickford has built himself a reputation for being the go-to junior for telecommunications related ...

Monckton Chambers Feature in Top 20 Cases for 2011
4 January 2011
Monckton Chambers has been featured on 4 occasions in The Lawyer's Top 20 Cases of 2011. All four entries appear in the top 10, they are: 1.British Sky Broadcasting (BSkyB) & Others v OFCOM & Others Featuring: Meredith Pickford ...