”Brexit provides new context for the UK’s role in the Council of Bar and Law Societies of Europe – particularly its scrutiny of the European Court of Human Rights’ excessive caseload, as Piers Gardner explains.
Recognised as the voice of the European legal profession, the Council of Bar and Law Societies of Europe (CCBE) represents, through its members, more than one million European lawyers.”
To read the full article published by Counsel, please click here.
Written by Jack Williams
Cambridge Law Journal (2016) 75(2), 186-189
Examines the Supreme Court judgment in R. (on the application of Lumsdon) v Legal Services Board on the proportionality of the Quality Assurance Scheme for Advocates introduced for criminal advocates in England and Wales. Considers the impact of the court’s proportionality assessment in UK Administrative law, and analyses what the proportionality test requires in differing contexts.
Available on Westlaw.
This post discusses FP McCann Limited v The Department for Regional Development [2016] NICh 12.
To read the full article written by Rebecca Haynes and published by Practical Law, please click here.
”This article considers what the key implications may be for public and private enforcement of UK competition law if the UK leaves the EU.
Since the original Treaty of Rome, the completion of an internal market free from distorted competition has been one of the fl agship policies of the European project. The UK has contributed to the dissemination of a “competition culture”, not just in the UK but also more broadly within the EU, through its proactive and pragmatic advances in competition law. If the UK votes “out” on 23 June, where will this leave the UK in terms of public and private enforcement?”
To read the full article by Anneli Howard, published by Practical Law, please click here.
Writing in the European Advocate, Christopher Muttukumaru CB explains why, in respect of three aspects of the renegotiated relationship between the UK and the EU, the Prime Minister’s aims were, in legal terms, successfully met. In his article, published on 29 April, Christopher deals with the impact of the renegotiation on “ever closer union”, the role of national parliaments and competitiveness- better regulation. Please see article here.
”Procurement law practitioners will no doubt have diverse views as to what the United Kingdom should decide on 23 June 2016. Some may even be concerned that their views are confused by self-interest in maintaining a lively procurement law jurisdiction. I suggest that we need have no such concern. Procurement law will not disappear upon Brexit, but might just get more interesting.”
To read the full article by Michael Bowsher QC, published by Practical Law’s Public Sector Blog, please click here.
”Competition analysis: Anneli Howard of Monckton Chambers looks at the issues raised following the transfer of the Sainsbury’s v MasterCard case from the High Court to the new Competition Appeal Tribunal (CAT) by order of Mr Justice Barling on 1 December 2015.
Original news
CAT appeal: Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others—Order of the High Court (pursuant to section 6 Enterprise Act 2002), LNB News 04/12/2015 120
By an order dated 1 December 2015, the High Court ordered that, in Case 1241/7/15 (T) Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others, the parts of the proceedings relating to a claim to which the section 47A of the Competition Act 1998 applies, and those parts of the proceedings relating to an infringement issue under section 16(6) of the Enterprise Act 2002 (EnA 2002) are transferred to the CAT pursuant to EnA 2002, s 16(4).”
This article was first published on Lexis®PSL Online first. Click for a free trial of Lexis®PSL.
To read full article please click here.
Following the recent success of the all-Monckton counsel team in the Google v Streetmap case, another Monckton barrister, Michael Armitage, has published an article on the case (views are the author’s own).
This article was first published on Lexis®PSL Online first. Click for a free trial of Lexis®PSL.
To read full article please click here.
This article was first published on Lexis®PSL Tax on 22 February 2016. Click for a free trial of Lexis®PSL.
“Tax analysis: Frank Mitchell, barrister at Monckton Chambers, explains the recent case involving Norseman Gold Plc which dealt with the practical application of the right to input tax deduction in respect of management activities being carried out by holding companies.
Original news
Norseman Gold plc v Revenue and Customs Commissioners [2016] UKUT 69 (TCC), [2016] All ER (D) 94 (Feb)
The Upper Tribunal (Tax and Chancery Chamber) (UT) dismissed the appeal by the taxpayer company against a decision of the First-tier Tribunal (Tax Chamber) (FTT) dismissing the taxpayer’s claim for recovery of input tax on the basis that the supplies it had made to its subsidiaries had not been supplied for a consideration and were therefore not taxable supplies within the meaning of section 5 of the Value Added Tax Act 1994 and article 2(1) of Directive 2006/112/EC.”
To read full article please click here.
”The UK will hold a referendum on its EU membership in 2017. In-house counsel need to plan now for both outcomes as a matter of urgent risk management, argues Lucy Trevelyan.”
Please click here to read the article.
