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2012 CASES

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 to ...

The Commissioners for Her Majesty's Revenue and Customs v Total Technology (Engineering) Limited
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 ...

Case C-85/11 EC v Ireland
27 November 2012
Advocate General Jääskinen released his opinion in Case C-85/11 EC v Ireland. He 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 other similar ...

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 Framework ...

BCL Old Co. Ltd v BASF plc [2012] UKSC 45
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 ...

Sub One v HMRC
9 October 2012
Melanie Hall QC and Ewan West represented HMRC in Sub One v HMRC, in which 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 argued that the legislation, introduced by Thatcher, was contrary to EU law because it inevitably meant ...

The Commissioners for Her Majesty’s Revenue And Customs V The Rank Group Plc
5 October 2012
The Upper Tribunal (Mr Justice Norris) 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 ("FOBTs"). ...

AG Quidnet Hounslow LLP v Mayor and Burgesses of the London Borough of Hounslow [2012] EWHC
28 September 2012
Michael Bowsher QC and Anneliese Blackwood won this important case on the application of Article 56 TFEU to development contracts. 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. ...

Toshiba Carrier v KME Yorkshire Limited and others
13 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 ...

Nada v. Switzerland
12 September 2012
The European Court of Human Rights' Grand Chamber 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 counter-terrorism resolutions had violated the European Convention on Human ...

Turning Point Limited v Norfolk County Council [2012] EWHC 2121 (TCC)
1 August 2012
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 there was no basis for an extension to be granted. The other part, which ...

Deutsche Bahn AG and Ors v Morgan Crucible and Ors [2012] EWCA Civ 1055
31 July 2012
The Court of Appeal 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 Competition Act runs from ...

Telefonica O2 UK Ltd, Everything Everywhere Ltd, Vodafone Ltd and Hutchison 3G UK Ltd v BT PLC and Ofcom
26 July 2012
The Court of Appeal held 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 ("MNOs"). The disputes related to the prices charged by BT to MNOs for connecting calls to 0800, 0845 and 0870 ...

The Newcastle upon Tyne Hospital NHS Foundation Trust v Newcastle Primary Care Trust [2012] EWHC 2093 (QB)
24 July 2012
Rob Williams, instructed by Hempsons and acting for four Primary Care Trusts in the North East of England, successfully persuaded Mr Justice Tugendhat that the suspension of a procurement process for diabetic retinopathy screening services should be brought to an end, allowing the PCTs to proceed to award the contract. The application ...

Park Promotions Ltd t/a Pontypool Rugby Football Club v Welsh Rugby Union [2012] EWHC 1919 (QB)
19 July 2012
The High Court gave 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 of League Rules setting out three criteria for qualification: an A Licence, signing a Participation Agreement ...

O'Brien v Ministry of Justice (Council of Immigration Judges intervening)
9 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 ...

2 Travel Group Plc (In Liquidation) v Cardiff City Transport Services Limited
6 July 2012
The Competition Appeal Tribunal (the "CAT") 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 Bowsher QC and Anneliese Blackwood represented 2 Travel who were ...

Andrew Brown and others v InnovatorOne Plc and others [2012] EWHC 1321 (Comm)
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 ...

Ryanair Holdings Plc v The Office of Fair Trading and Aer Lingus Group Plc [2012] EWCA Civ 643
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 ...

R (The Minister for Economic Development of the States of Jersey v HM Revenue & Customs [2012] EWHC 718 (Admin)
16 April 2012
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 which the ...

National Grid Electricity v ABB Ltd and Others [2012] EWHC 869 (Ch)
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 ...

Nokia Corporation v AU Optronics Corporation and Others [2012] EWHC 731 (Ch)
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 ...

R (Unison) v NHS Wiltshire PCT & NHS Shared Business Services [2012] EWHC 624 (Admin)
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 ...

Carlsberg (UK) Ltd and Inbev (UK) Ltd v HMRC [2012] EWCA Civ 82, 8 February 2012 (CA)
10 February 2012
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, rejected the brewers' arguments that, under the Alcoholic Liquor Duties Act 1979 and the Beer ...

Othman (Abu Qatada) v United Kingdom (8139/09)
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 ...

JBW Ltd v Ministry of Justice [2012] EWCA Civ 8
16 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 ...

R(Imperial Tobacco, BAT, Philip Morris and Gallaher) v Secretary of State for Health
5 January 2012
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 shops have now concluded in the Government's favour. The tobacco manufacturers and retailers alleged ...