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2012 NEWS

EU and Singapore agree on landmark trade deal
17 December 2012
First bilateral free trade agreement concluded by the EU with an Asean country Singapore's trade with the European Union (EU) received a boost yesterday as both sides successfully ...

Court of Appeal confirms Competition Commission's jurisdiction to review Ryanair / Aer Lingus
13 December 2012
The Court of Appeal today rejected Ryanair's latest challenge to the UK merger authorities' jurisdiction to review its minority stake in rival airline Aer Lingus. Ryanair argued, initially before the CAT, that the CC could not investigate the minority stake while the European Commission was in the process of reviewing its public bid for ...

Supreme Court rules that volunteers not covered by EU discrimination law
12 December 2012
On 12 December 2012, the Supreme Court handed down judgment in the case of X v Mid Sussex Citizens Advice Bureau.  The case concerned an Appellant who worked as a volunteer adviser at the Citizens' Advice Bureau ("CAB"). She was not contractually bound to work and received no remuneration for doing so. Although volunteers often did go on ...

Complex government procurements: lessons from the InterCity West Coast Competition?
11 December 2012
The final report of the Laidlaw Inquiry into the failure of the InterCity West Coast Competition was published on 6 December 2012.  The purpose of the report is to look ahead to avoid similar problems being repeated in future The Report highlights a series of significant organisational and individual failings in the conduct by the ...

Melanie Hall QC Featured in the Tax Journal
10 December 2012
Melanie Hall QC of Monckton Chambers has had an article published in the latest edition of the Tax Journal. The article is a focus on the AG Opinion in EC v Ireland and the impact that this will have on VAT groups. To view the full article, please click ...

HS2 Challenge Commences
3 December 2012
The hearing of a number of judicial review challenges to the Government's decision to proceed with a high speed rail link from London to Birmingham, Leeds and Manchester started in the High Court today (Monday 3 December).  Mr Justice Ouseley will be hearing challenges brought, amongst others, by 15 local authorities located along the ...

HMRC wins appeal on penalties for late VAT returns
29 November 2012
The Tax Chamber of the Upper Tribunal has released its decision on penalties for late VAT returns and payments and the principle of proportionality. HMRC, represented by Peter Mantle, won the appeal in Total Technology (Engineering) Limited. The decision is an important precedent because the integrity of the VAT surcharge provisions ...

Appointment of Standing Counsel to the Civil Aviation Authority
28 November 2012
Monckton Chambers warmly congratulates Anneli Howard who, following an open competition, has been appointed as Standing Counsel to the Civil Aviation Authority. The Civil Aviation Bill, currently before Parliament and due to receive Royal Assent by the end of the year, will confer on the CAA new and more flexible economic regulatory ...

Sub One Victory for Monckton Chambers analysed by The Lawyer
27 November 2012
Sub One v HMRC, in which Melanie Hall QC and Ewan West of Monckton Chambers represented HMRC, is a featured case in this week's edition of 'The Lawyer.' In Sub One v HMRC, The Hon Mr Justice Arnold rejected a challenge made by 1,200 hot food outlets to the UK legislation on VAT payable on hot takeaway food. The outlets ...

Advocate General endorses VAT Grouping legislation - Melanie Hall QC explains the case
27 November 2012
Advocate General Jääskinen released his opinion today in Case C-85/11 EC v Ireland. He has concluded that the practice of permitting non-taxable persons to be members of a VAT Group does not infringe the Principal VAT Directive or any EU principle. The Irish case was heard at the same time as Case C-86/11 EC v UK  and ...

Monckton cases feature on Supreme Court blog
26 November 2012
The new Supreme Court encourages visitors to the Court. Those who visit come away with a variety of impressions of the highest court in the land. In this post on the Supreme Court's blog, artist Isobel Williams reflects on her visit to the Court last July at O'Brien v Ministry of Justice and during the appeal of BCL Old Co Limited ...

TNK-BP fails in London civil suit bid
21 November 2012
TNK-BP, Russia's third-largest oil producer and the subject of a high-profile sale, has failed in its attempt to sue a former director for civil fraud through the English courts. Owain Draper is junior counsel to Mr Lazurenko, the former employee. The judgment has also received coverage in the ...

Comprehensive text published on international charitable giving
20 November 2012
'International Charitable Giving,' a book with contributions by Philip Moser QC and Raymond Hill, is published this week. 'International Charitable Giving' provides comprehensive treatment of cross-border charitable giving and an extensive analysis of the broader and jurisdiction-specific issues surrounding international giving. ...

Human Rights Commission warns against proposed expansion of secret hearings under the Justice and Security Bill
1 November 2012
An Opinion co-authored by Eric Metcalfe for the Equality and Human Rights Commission has advised that the proposed extension of controversial Closed Material Procedures under the Justice and Security Bill would be incompatible with the right to a fair trial under article 6 of the European Convention on Human Rights. The Commission ...

Kassie Smith in Supreme Court in X v Mid Sussex CAB
1 November 2012
On 30 and 31 October 2012, the Supreme Court heard the appeal in the case of X v Mid Sussex Citizens Advice Bureau and others.  Kassie Smith appeared for the Secretary of State before the Supreme Court.  The Court considered the following issues: (1) Whether the Framework Directive (Directive 2000/78/EC Establishing a ...

Libor manipulation claim to go to trial
30 October 2012
Barclays became the first bank to be ordered to stand trial in a British court over damages stemming from manipulation of the Libor interest rate after a High Court ruling on Monday 29 October 2012.  Guardian Care Homes, a residential care home operator based in Wolverhampton, is suing Barclays for up to £ 37 million over the alleged ...

Supreme Court hands down judgment in first competition case
29 October 2012
The Supreme Court has handed down judgment in the first competition case to come before it, BCL Old Co. Ltd v BASF plc [2012] UKSC 45. The case concerned the date on which time begins to run for the purposes of the two year limitation period for bringing follow-on damages claims in the Competition Appeal Tribunal, under section ...

Meredith Pickford awarded 'Junior of the Year'
26 October 2012
Monckton Chambers are delighted to announce that Meredith Pickford was awarded "Junior of the Year" for EU and Competition law at the annual Chambers Bar Awards held at the Hilton, Park Lane. Congratulations ...

4th edition of ‘EU Merger Regulation: Substantive Issues’ published
22 October 2012
The new 4th edition of 'EU Merger Regulation: Substantive Issues' by Alistair Lindsay and Alison Berridge of Monckton Chambers has been published. 'EU Merger Regulation: Substantive Issues' provides a detailed guide to the analysis of mergers by the European Commission. Fully revised for 2012, the comprehensive text describes ...

George Peretz featured in the Tax Journal
19 October 2012
George Peretz of Monckton Chambers has had an article published in the latest edition of the Tax Journal. In the article, George analyses the different ways in which taxpayers can seek to complain about differences in tax treatment in EU Law, including fiscal neutrality, State aid law and Article 110 of the TFEU. To read the ...

TNK-BP denied injunction to prevent release of ‘corruption’ documents
17 October 2012
The Chancellor yesterday denied the Russian oil giant TNK-BP an injunction against a former employee to prevent him releasing documents that he alleges evidence corruption within TNK-BP. The Chancellor's Judgment has received a great deal of press interest: The Financial ...

HMRC wins landmark case on taxation of Local Authority services
16 October 2012
The First Tier Tribunal has just given judgment in the important and long-running litigation between local authorities and the HMRC over the question of whether the latter was correct in deciding that the treatment of local authorities as non-taxable persons when providing services that are otherwise taxable would lead, as a real possibility, ...

Raymond Hill Nominated for Bar Pro Bono Award
11 October 2012
Monckton Chambers is pleased to announce that Raymond Hill has been nominated for this year's Bar Pro Bono Award. The Award is presented annually to a barrister or group who have made a difference through pro bono work. Lord Goldsmith, president of the Bar Pro Bono Unit, founded the award in memory of his late father and will lead the ...

Christopher Vajda QC sworn in as UK Judge to the European Court of Justice
9 October 2012
Monckton Chambers is delighted to announce the appointment of Christopher Vajda QC as the new UK judge to the European Court of Justice, following a swearing in ceremony on 8th October 2012. Minister for Europe, David Lidington MP, welcomed the appointment saying: "I congratulate Mr Vajda on his appointment. I am ...

Double Win for Melanie Hall QC saves Government £20 billion
9 October 2012
Melanie Hall QC has successfully represented HM Revenue and Customs in two challenges, saving HM Treasury almost £20 billion. Melanie Hall QC and Ewan West of Monckton Chambers represented HMRC in Sub One v HMRC, in which The Hon Mr Justice Arnold rejected a challenge made by 1,200 hot food outlets ...

Michael Bowsher QC called to the Bar of the Republic of Ireland
8 October 2012
Monckton Chambers is pleased to announce that Michael Bowsher QC was called to the Bar of the Republic of Ireland at the Call Ceremony in Dublin on 5 October. Michael took silk in 2006 and has been a member of Monckton Chambers since 2001. He has built a diverse practice based around EU and commercial law. Michael is best known for his ...

Melanie Hall QC defends UK in infraction proceedings
8 October 2012
On 5 and 6 September the European Court of Justice heard proceedings brought by the Commission against the UK, Ireland, Denmark, Finland, the Czech Republic and Sweden. Melanie Hall QC represented the UK, arguing that it was not contrary to EU law and/or the VAT Directives to allow non-taxable persons such as holding companies ...

Rank: Upper Tribunal sets aside First tier Tribunal decision on fiscal neutrality
5 October 2012
The Upper Tribunal (Mr Justice Norris) today set aside a decision of the First Tier Tribunal("FTT") in 2009  that the United Kingdom had breached the principle of fiscal neutrality in the period up to 2005 by subjecting certain types of gaming machines ("Part III machines") to VAT but not imposing VAT on Fixed-Odds Betting Terminals ...

Michael Bowsher QC to address Government Contracts Year-in-Review Conference in Washington DC
2 October 2012
Michael Bowsher QC is to address the Government Contracts Year-In -Review Conference in Washington DC. Michael will be joining an hour-long panel, addressing "Anti-Corruption Internationally: Challenges in Procurement Markets Abroad" and how the UK Bribery Act is being implemented. Thomson-Reuters/West Publishing annually hosts ...

Monckton Chambers featured in The Lawyer
1 October 2012
Monckton Chambers has been featured in an article in The Lawyer. 'Get set, go' interviews Paul Lasok QC, Melanie Hall QC, Tim Ward QC, Paul Harris QC, Daniel Beard QC and Senior Clerk, David Hockney, discussing 'the rise and rise' of Monckton Chambers. To read the full article, please click ...

New Rules of Procedure of the Court of Justice
1 October 2012
Faced with a constant rise in the number of cases dominated by references for a preliminary ruling, the Court of Justice is adapting its rules of procedure to ensure that the particular features of those cases can more readily be taken into consideration, while at the same time strengthening its ability to dispose within a reasonable period of ...

Ian Rogers appointed to Welsh Government A Panel
28 September 2012
Ian Rogers has been appointed as an advocate for the Welsh Government on the Counsel General's A Panel of Junior Counsel. He has been appointed primarily to undertake public law work for the Welsh Government, but will of course continue with his other areas of private client and government practice. Ian has been involved in three high profile ...

Michael Bowsher QC and Anneliese Blackwood win important case on the application of Article 56 TFEU to development contracts
28 September 2012
Hounslow Council proposed to enter into an agreement with Legal & General ("L&G") which would have allowed L&G to develop a parcel of land in Hounslow which was partially owned by the Council. Quidnet, a developer who owned property in Hounslow, challenged the legality of the proposed agreement on the basis that even if it was not a ...

International cartels: when can you sue in England?
25 September 2012
On 13 September 2012, the Court of Appeal handed down judgment in Toshiba Carrier v KME Yorkshire Limited and others. The Court revisited the vexed question addressed previously in Cooper Tire and Provimi as to circumstances in which a damages claim may be brought in the English courts where there are no English ...

Competition Commission formally clears McGill’s/Arriva Scotland West takeover
22 September 2012
The Competition Commission has formally cleared McGill's Bus Services Limited's (McGill's) completed acquisition of the Arriva Scotland West (ASW) local bus business. McGill's and ASW operated competing local bus services in Renfrewshire, East Renfrewshire and the west of Glasgow, including the town of Paisley. The Competition ...

Paul Lasok QC to Address the Irish Tax Institute
19 September 2012
Paul Lasok QC will be speaking to the Irish Tax Institute on Wednesday 3rd October in Dublin. The talk will cover recent ECJ VAT cases and their impact on how we think about VAT. Points to be addressed will include: Are EU law rights fault-based or can a taxpayer rely on EU ...

Monckton Chambers sponsor British Institute of International and Comparative Law event
18 September 2012
THE REFORM OF EU DIRECTIVES ON PUBLIC PROCUREMENT: TOWARDS MORE FLEXIBILITY SPONSORED BY MONCKTON CHAMBERS 27 September 201214:30 Start; 18:30 CloseFreshfields Bruckhaus Deringer, 22 Tudor Street, London, EC4Y 0AU This event will evaluate the proposed reform of the EU Directives on Public ...

Rob Williams of Monckton Chambers featured in the Financial Times
18 September 2012
Rob Williams of Monckton Chambers has been quoted in the Financial Times article CBI attacks suppliers 'blacklist' today. The article discusses a Cabinet Office initiative to prevent underperforming suppliers from winning fresh government outsourcing contracts by putting them on a list of companies considered to be 'high ...

Implementation of UN Sanctions must respect human rights
12 September 2012
Nada v. Switzerland   The European Court of Human Rights' Grand Chamber has unanimously found, in a case in which the French and United Kingdom Governments and JUSTICE had intervened, that the implementation by Switzerland of United Nations Security Council ...

Monckton Shortlisted for Competition/EU and Tax Categories in Chambers Bar Awards
12 September 2012
The 2012 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 for the past three years. Additionally, we are pleased to announce Jon Turner QC has been nominated for 'Silk of the Year' along with Meredith Pickford for 'Junior of ...

Judgment given in test Landfill Tax case
23 August 2012
HM Revenue and Customs, represented by Melanie Hall QC, successfully resisted a challenge to the Landfill Tax by hundreds of site operators in the test case Patersons of Greenoakhill v HMRC. The basis of the challenge was that the tax was not payable in circumstances where the methane, produced as part of the process of ...

Melanie Hall QC in VAT Test Case
23 August 2012
Melanie Hall QC has recently represented HMRC in a test case behind which over 1,200 cases stand concerning VAT on hot takeaway food.  The case was heard by Arnold J on 23 and 25 July. Judgment was ...

Ryanair Challenge Rejected
9 August 2012
The CAT yesterday rejected Ryanair's challenge to the Competition Commission's decision to continue investigating its minority stake in Aer Lingus. The minority stake was acquired (largely) in 2006, but review under the Enterprise Act 2002 was delayed because the acquisition was under consideration by the European Commission and ...

High Court Emphasises Importance of Strict Time Limits for Procurement Challenges
1 August 2012
Turning Point Limited v Norfolk County Council [2012] EWHC 2121 (TCC) Mr Justice Akenhead struck out a claim brought by Turning Point Limited against Norfolk County Council in relation to a breach of the procurement regulations in its entirety. Part of the claim was struck out on the basis that proceedings were brought out of time and ...

Deutsche Bahn claims back on the rails
31 July 2012
The Court of Appeal has today handed down judgment in Deutsche Bahn AG and Ors v Morgan Crucible and Ors [2012] EWCA Civ 1055, concerning the time limits for the bringing of follow on claims in the  CAT.  The Court has allowed the appeal, with the result that time for the bringing of claims under section 47A of the ...

The Court of Arbitration for Sport Dismisses Boxer's Olympic Application
30 July 2012
Paul Harris QC has successfully represented the Amateur International Boxing Association (AIBA) at the ad hoc Olympic Division of the London Court of Arbitration for Sport (CAS). A CAS Panel composed of Prof. Massimo Coccia (Italy), President, Mr Martin Schimke (Germany) and Ms Maidie Oliveau (USA) dismissed a request for arbitration filed by ...

Divisional Court Quashes Conviction in Twitter Joke Appeal
27 July 2012
The Divisional Court this morning allowed the appeal of Paul Chambers against his conviction by the Crown Court in Doncaster in relation to a joke made on Twitter. In January 2010, Chambers jokingly threatened on Twitter to blow Nottingham's Robin Hood airport "sky high". He was subsequently convicted by Doncaster Magistrates' Court of making a ...

Success in First Telecoms Dispute Case in Court of Appeal
26 July 2012
Telefonica O2 UK Ltd, Everything Everywhere Ltd, Vodafone Ltd and Hutchison 3G UK Ltd v BT PLC and Ofcom The Court of Appeal has today decided that the Competition Appeal Tribunal took the wrong approach in considering appeals against determinations made by Ofcom in disputes between BT and the major mobile telephone network operators ...

Paddy Power seeks Court Order against LOCOG
25 July 2012
Paul Harris QC represented the claimant, Paddy Power, in urgent action against the London Organising Committee of the Olympic and Paralympic Games (LOCOG).  LOCOG requested that the bookmaker remove promotional campaign posters as they claimed that the posters breached the London Olympic Association Right. In fact, the tongue in ...

Further Success as Another Automatic Suspsension is Lifted by High Court
24 July 2012
The Newcastle upon Tyne Hospital NHS Foundation Trust v Newcastle Primary Care Trust [2012] EWHC 2093 (QB) The latest judgment of the High Court on an application to lift the automatic suspension of a procurement process has resulted in a further victory for members of Monckton Chambers.  Rob Williams, instructed by Hempsons and ...

O'Brien v Ministry of Justice (Council of Immigration Judges intervening)
23 July 2012
[2010] UKSC 34; [2010] 4 All E.R. 62 (SC No 1) [2012] 2 C.M.L.R. 25 (CJEU) 9 July 2012 (Preliminary Ruling, SC No 2) The Supreme Court has determined that a part-time judge falls within the scope of the Part-time Workers Directive, moving fee paid part-time judges a significant step closer to obtaining pension ...

Philip Moser QC elected a Bencher of Inner Temple
22 July 2012
Philip Moser QC has been elected a Bencher of the Inner Temple following the Trinity Elections in July 2012.  Membership of the Inner Temple is divided into three categories: Students, Barristers and Masters of the Bench (Benchers). The Inn is governed by over 200 governing Benchers, who are responsible for managing the property, ...

Park Promotions Ltd t/a Pontypool Rugby Football Club v Welsh Rugby Union
19 July 2012
[2012] EWHC 1919 (QB), Sir Raymond Jack sitting as a Judge of the High Court, 11 and 16 July 2012 1. The High Court has given judgment in a sports law dispute between Pontypool Rugby Club and the Welsh Rugby Union ("WRU") concerning its relegation from the Principality Premiership with effect from September 2012 and the interpretation ...

Census Legislation Compatible with Human Rights Act, Rules High Court
13 July 2012
In a judgment handed down today in the case of R(MA and SJ) v. Cabinet Office and Statistics Board, Mr Justice Beatson has rejected a challenge brought by two individuals to the legislation governing the UK census.  The individuals, one of whom was a refugee, argued that the legislation infringed their rights under Article 8 of ...

Michael Bowsher QC and Anneliese Blackwood win exemplary damages for the first time for a breach of competition law
6 July 2012
The Competition Appeal Tribunal (the "CAT") has handed down judgement in the first follow damages claim to be brought before it under Section 47A of the Competition Act 1998. In 2 Travel Group Plc (In Liquidation) v Cardiff City Transport Services Limited Michael and Anneliese represented 2 Travel who were claiming damages ...

London Welsh win promotion appeal
4 July 2012
London Welsh will play in rugby's Premiership next season after an independent appeal panel including Tim Ward QC allowed their appeal.  London Welsh had been refused promotion by the RFU on the grounds that they had failed to satisfy certain provisions of the Minimum Standards Criteria for promotion.  The appeal panel held that some ...

South African Constitutional Court Dismisses Appeals
27 June 2012
The Constitutional Court of South Africa has handed down judgment in two important cases.  David Unterhalter SC successfully represented the respondents in each case - both against the Competition Commission.  In Competition Commission v Yara South Africa and Others David successfully defended an appeal from the ...

London 2012 Olympic Selection Decision Overturned
20 June 2012
Brendan McGurk acted on behalf of Team GB's Winston Gordon in persuading the British Judo Association to overturn its decision (which it had upheld further to an appeal) to select another player ahead of Mr Gordon for London 2012. The case has obvious parallels with the Aaron Cook case, in particular since (i) Mr Gordon is also the British ...

Human rights abuse submission presented to Irish Parliament
31 May 2012
Raymond Hill has been working entirely pro bono with an Irish non-profit volunteer organisation, "Justice for Magdalenes" (JFM) to promote equality and advocate for justice and support for the women formerly incarcerated in Ireland's Magdalene Laundries. Thousands of women and girls were imprisoned in ten Laundries operated by four ...

Collyer Bristow defeats £50m professional negligence claim
28 May 2012
Brendan McGurk was part of the counsel team that successfully defended Collyer Bristow Solicitors against an alleged £50 million investment fraud. The litigation - known as the Innovator litigation - was a class action claim heard by Mr Justice Hamblen over 4 months in the Commercial Court, brought by more than 550 High Net Worth ...

Court of Appeal Ruling on Ryanair/Aer Lingus Merger
22 May 2012
The Court of Appeal has upheld an earlier CAT ruling that that OFT could scrutinise Ryanair's minority shareholding in Aer Lingus.  Back in 2006 Ryanair built up a 30% stake in rival Irish airline  Aer Lingus and then went on to make a public bid for the rest.  The EU Commission scrutinised the deal and said Ryanair could ...

Gerry Facenna and Laura Elizabeth John win 3 year fight for ministerial papers' release
4 May 2012
The Campaign for Clean Air in London had requested disclosure under the Environmental Regulations 2004 of documents relating to a meeting between the Mayor of London and the Secretary of State for the Environment in 2009 about air quality in London, and the government's application to the European Commission for a time extension for the UK to ...

Eric Metcalfe appointed Fellow of the Bingham Centre of the Rule of Law
1 May 2012
Eric Metcalfe has been appointed as a Fellow of the Bingham Centre of the Rule of Law. The Centre was founded in 2010 in honour of Lord Bingham of Cornhill and aims to carry out original research, analysis and discussion of rule of law issues. To learn more about the Bingham Centre, please click ...

The Tax Journal's One Minute with Melanie Hall QC
27 April 2012
Melanie Hall QC is the latest to feature in the Tax Journal's 'One Minute with' section.  The feature, which interviews the great and the good of the tax profession is designed to provide insight and a little light relief from the technical detail found in the rest of the publication. To read the interview ...

Jeremy McBride Assists the Ukraine in Adopting Modern Criminal Procedure Code
20 April 2012
The Ukrainian Parliament adopted a new Code of Criminal Procedure (CPC) as part of steps to modernise its criminal justice system and to fulfil its commitments under European and International Human Rights Law.  The Code was prepared with the assistance of Jeremy McBride, who acted as an expert for the Council of Europe in this reform ...

Monckton Welcomes Public Law Specialist Brendan McGurk
16 April 2012
We are pleased to announce the arrival of Brendan McGurk to Chambers. Brendan who joins us from 4 New Square has a broad commercial and public law practice and regularly appears in the County Courts and the High Court. Brendan has particular expertise in disputes with a private law/public law overlap and is ...

Gerry Facenna in ECtHR Azerbaijan Media Challenge
13 April 2012
Two Azerbaijan journalists have made an application to the European Court of Human Rights to challenge an effective monopoly of control over the country's broadcasting system.  Yashar Agazade and Rasul Jafarov, represented by Gerry Facenna, have brought a case regarding the repeated refusal of the Azerbaijan authorities to grant a licence ...

English Pfleiderer ruling allows leniency material disclosure in follow-on cases
5 April 2012
On 4 April 2012, Mr Justice Roth, handed down his judgment in National Grid's application for disclosure, first brought before the court on 15 June 2011, the day after the European Court of Justice's Pfleiderer ruling.  In its application, National Grid inter alia sought disclosure from the defendants ...

Daniel Beard QC Features in GCR's 40 Under 40
2 April 2012
Daniel Beard QC has been listed in Global Competition Review's "40 Under 40" feature.  The feature, produced every 4 years sources those young lawyers whose superior technical skill, practical judgment and commitment to the competition sector mark them out as part of the next generation of leading antitrust ...

Nokia LCD Judgment Handed Down
29 March 2012
Nokia  has successfully defended applications by Hitachi and Samsung to strike out/summarily dismiss Nokia's claims in the English High Court arising out of their alleged participation in a cartel that raised the prices of liquid crystal displays (LCD) supplied to Nokia. An application by Nokia to amend its Statement of Case, to ...

Alison Berridge Joins Monckton Chambers from Allen & Overy LLP
26 March 2012
We are delighted to welcome Alison Berridge to Chambers.  Alison specialises in competition law, and has substantial experience advising clients across a range of issues at both UK and EC level.  She has advised on some of the most high-profile merger cases arising out of the financial crisis and is co-author (with fellow ...

NHS Successfully Defends UNISON JR Challenge
19 March 2012
Michael Bowsher QC, Kassie Smith and Valentina Sloane represented the interveners NHS Shared Business Services Ltd (NHS SBS) and the Secretary of State for Health in the successful defence of a  judicial review challenge brought by the trade union, UNISON.  UNISON claimed that the proposed outsourcing of administrative functions of 10 ...

High Court rejects Channel Islands’ challenge to proposed Budget measure closing VAT loophole
16 March 2012
Yesterday, the Administrative Court dismissed a challenge to the lawfulness, under EU law, of the Government's decision to stop imports of goods by mail order from the States of Jersey and Guernsey ("the States") into the UK from being VAT free. The Chancellor will table resolutions intended to achieve this aim on 21 March 2010 (the date upon ...

Monckton Welcomes Julianne Stevenson
12 March 2012
Chambers takes great pleasure in welcoming Julianne Stevenson.  Julianne joins Chambers having successfully completed a six-month pupillage. As a pupil, Julianne gained experience of all Chambers' main practice areas - including public law, competition law, European law, public law, procurement, commercial law and VAT. Prior ...

Digital Economy Act survives EU law challenge
6 March 2012
The Court of Appeal 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 controversial Act, Ofcom must make a Code requiring ISPs to notify their subscribers of ...

Philip Moser admitted as a Fellow of the European Law Institute.
6 March 2012
Philip Moser who has recently taken Silk has been admitted as a Fellow of the European Law Institute.  The ELI is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. To learn more about the ...

New Appointments to the Panels of Junior Counsel to the Crown
5 March 2012
Chambers is delighted to announce that Josh Holmes has been appointed to the Attorney General's B Panel and that Rob Williams and Ben Lask have both been elevated to the B Panel. Josh is the winner of the Competition/EU junior of the year award for 2011/12 and is recognised by Chambers UK and Legal 500 as a leading ...

Investment Trust Companies (in liquidation) v HMRC [2012] EWHC 458 (Ch)
5 March 2012
On 2 March 2012, the High Court (Henderson J) gave judgment in Investment Trust Companies (in liquidation) v HMRC [2012] EWHC 458 (Ch).  Between 1990 and 2002, the claimants paid sums to managers by way of VAT on supplies of investment management services.  The managers accounted for and paid sums by way of VAT to HMRC, after ...

Pensions for part-time judges
2 March 2012
The Court of Justice has given judgment following a reference for a preliminary ruling under Article 267 TFEU from the Supreme Court in O'Brien v Ministry of Justice (Council of Immigration Judges intervening), Case C-393/10, 1 March 2012. The case concerns the refusal by the Ministry of Justice to pay Mr O'Brien a pension in ...

Philip Moser Appointed to Queen's Counsel
29 February 2012
Monckton Chambers is pleased to announce the appointment of Philip Moser to Queen's Counsel.  Philip will be formally appointed at the swearing-in ceremony on 30 March.  Called to the Bar in 1992, Philip is regularly instructed in EU law cases, often involving novel or untested points of law. Specialist practices in public ...

Information Tribunal upholds donor anonymity in Global Warming debate
23 February 2012
Eric Metcalfe acted for the Information Commissioner before the Information Tribunal, successfully resisting a bid to disclose the identity of the individual that donated £50,000 to the Global Warming Policy Foundation, a body which has attracted widespread controversy for its skeptical views on climate change. The donor's identity had ...

Lecture held to mark the contribution of Sir Jeremy Lever KCMG QC to European Law
16 February 2012
The Oxford University Law Faculty held a special lecture entitled "The Future of European Integration and EU Law: Why and how a financial crisis has become a crisis in European integration." to celebrate the career of Sir Jeremy Lever KCMG, QC, a pioneer of both the practice and academic study of competition law in Europe. The lecture ...

Court of Appeal Rejects Brewers' Duty Arguments
10 February 2012
Carlsberg (UK) Ltd and Inbev (UK) Ltd v HMRC [2012] EWCA Civ 82, 8 February 2012 (CA) The Court of Appeal has held that brewers are not entitled to calculate beer duty on a "per container" basis and consequently round down the duty to the nearest penny on that basis.  The Court, dismissing appeals from the Upper Tribunal, ...

Public Law and Human Rights Update 2011
6 February 2012
2011 was an exciting year for Monckton Chambers' public law and human rights team.  Our newsletter brings together some of the wide ranging cases Members of Chambers have recently been involved in that may be of interest. For further information, please don't hesitate to contact us.  To read our newsletter, please ...

Del Monte and Weichert challenge EC's Decision on an iIlegal information exchange
1 February 2012
The hearing of Fresh Del Monte's and Weichert's appeal against the European Commission finding that they had participated in an anti-competitive information exchange on the setting of quotation prices for bananas took place today before the General Court. In October 2008 the Commission found that Chiquita, Dole, and Weichert were parties to an ...

CAT upholds Competition Commission decision requiring BAA to sell Stansted
1 February 2012
The Competition Appeal Tribunal has today dismissed the challenge by BAA Limited to the Competition Commission's July 2011 decision requiring BAA to sell Stansted Airport. This was BAA's second challenge to decisions of the Commission requiring that Stansted be sold so as to increase the scope for competition in the provision of airport ...

High Court asks the EC to provide information under Articles 101 and 102 TFEU against Servier
24 January 2012
Christopher Vajda QC and Philip Woolfe, instructed by Peters & Peters, are acting for the English NHS in proceedings against Servier for the alleged illegal extension of a patent protection relating to Servier's product, Perindopril, a drug designed to combat high blood pressure and coronary artery diseases.  The claim alleges ...

Eurostar is not a utility, rules High Court
20 January 2012
Mr Justice Roth today handed down judgment in the latest instalment of the litigation relating to the procurement of new trains by Eurostar International Limited ("Eurostar"). The Claimant and unsuccessful tenderer, ALSTOM Transport, had previously attempted to seek an interim injunction to restrain Eurostar's decision to  award the ...

Lecture to mark the contribution of Sir Jeremy Lever KCMG QC to European Law
19 January 2012
The Oxford University Law Faculty is holding a special lecture to celebrate the career of Sir Jeremy Lever KCMG, QC, a pioneer of both the practice and academic study of competition law in Europe. Sir Jeremy's academic contribution has been both profound and prolific. A Distinguished Fellow and Senior Dean of All Souls College, Oxford ...

Burma releases journalist after petition to UN Working Group
18 January 2012
The Government of Myanmar (Burma) is understood to have confirmed the release of 28-year-old TV journalist Hla Hla Win, who had been detained since September 2009.  She had been sentenced to a total of 27 years' imprisonment, having been arrested whilst on a journalistic assignment for a Norway-based media organisation.  The offences ...

European Court of Human Rights rules deportation to Jordan would amount to 'flagrant denial of justice' under Article 6
17 January 2012
Eric Metcalfe acted on behalf of the NGO intervener JUSTICE in the case of Othman v United Kingdom before the European Court of Human Rights. JUSTICE, jointly with Amnesty International and Human Rights Watch, had been granted leave by the Court to intervene in the proceedings, which concerned the UK government's attempt to deport ...

The Court of Appeal gives an important ruling on the scope of service concessions and implied contracts in procurement cases.
17 January 2012
In JBW Ltd v Ministry of Justice [2012] EWCA Civ 8 (16 January 2011) the Court of Appeal held that the procurement of bailiff services by the Ministry of Justice was a service concession and therefore fell outside the scope of the Public Contracts Regulations 2006 ("the Regulations"). The vast majority of bailiffs' work ...

Tim Ward QC to Represent Iceland in Banking Case
13 January 2012
Tim Ward QC, instructed directly by the Icelandic Foreign Minister is set to represent Iceland in a dispute with the European Free Trade Association (EFTA) Surveillance Authority (ESA) over its breach of the Deposit Guarantee Directive. The claim concerns the application of the Directive to UK and Netherlands-based depositors in ...

Monckton Members to Address the Irish Tax Institute
12 January 2012
Paul Lasok QC, Melanie Hall QC and Frank Mitchell will be speaking to the Irish Tax Institute on Thursday 20 January in Dublin.  The talks will focus on the impact of the European Courts of Justice in relation to ...

Christopher Vajda QC Listed in The Lawyer's Hot 100 for 2012
9 January 2012
Chambers is pleased to announce that Christopher Vajda QC has been listed in The Lawyer's Hot 100 2012 which states that "Vajda's EU and competition expertise is top notch." The Lawyer states: "Appearing in not one but two of The Lawyer's top 20 cases for 2012, and with two Supreme Court cases expected to be heard ...

Government victory in tobacco industry challenge to the "Tobacco Display Ban"
5 January 2012
R(Imperial Tobacco, BAT, Philip Morris and Gallaher) v Secretary of State for Health Twice adjourned and listed as one of the top 10 cases of 2011 by The Lawyer, the tobacco industry's long running proceedings for judicial review of the primary and secondary legislation prohibiting the display of tobacco products in ...

Monckton Feature in The Lawyer's Top 20 Cases for 2012
3 January 2012
Monckton Chambers has been listed for 3 cases in The Lawyer's Top 20 Cases of 2012 which include:   Nokia v Samsung & Others (alleged price-fixing in relation to LCD technology) Featuring Christopher Vajda ...