Monckton Chambers Welcomes Two New Tenants

Monckton Chambers is delighted to welcome two new tenants, Ligia Osepciu and Owain Draper following their successful completion of pupillage.

During pupillage, Ligia appeared as a junior in the High Court in JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (led by Michael Bowsher QC and Elisa Holmes), a leading case on the application of the EC law principle of proportionality in the procurement context.

Ligia said, “I am very pleased and excited to be joining Monckton Chambers as a tenant.  My pupillage at Monckton has afforded me great experience of European and commercial law practice and I hope to be able to contribute to Chambers’ tradition of excellence in these areas.”

Owain said, “I am pleased to join Monckton Chambers as a tenant primarily because of its deserved reputation for excellent work in all of its areas of practice.  I am confident that I will be able, in developing a broad EU law based practice, to emulate the more experienced members of Chambers in giving equal importance to intellectual rigour and hard work, on the one hand, and approachability, on the other.  I look forward to working with both public and private clients in the varied contexts of competition law, indirect taxation and commercial litigation.”

From October until mid-December 2009, Owain will be undertaking a stage in the chambers of Eleanor Sharpston QC, the English Advocate General to the European Court of Justice in Luxembourg.  This, it is intended, will provide an invaluable opportunity to increase his knowledge of and experience in European law litigation and, in particular, the process at the ECJ.

Commenting on Monckton Chambers’ latest tenants David Hockney, Senior Clerk, said, “I am delighted that Owain and Ligia have joined Chambers.  Having completed successful pupillages they can now look forward to fruitful careers in Chambers.”

Monckton Chambers now has a total of 51 members.

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Ligia Osepciu

John Wilkins (Motor Engineers) Limted and others v Commissioners for Her Majesty’s Revenue and Customs

In the first case heard in the new Upper Tier Tribunal (Tax and Chancery Chamber), the Tribunal, Warren J presiding, dismissed appeals brought by motor traders seeking compound interest from the Commissioners under s 78 VATA 1994 in respect of overpayments of VAT. The Tribunal held that the time to bring such an appeal ran from the date of the Commissioners’ decision to pay simple interest under s 78, not from the date of the Commissioners’ refusal to pay additional interest, so the appeals were brought out of time and time would not be extended.  As to the substance, the Tribunal held that s 78 could not be interpreted to allow an award of compound interest based on the judgment of Henderson J in F J Chalke Ltd and another v Revenue and Customs Commissioners  [2009] EWHC 952 (Ch); any such award would have to be sought by a claim for restitution at common law.

Peter Mantle and Philip Woolfe appeared for the Commissioners.

For the Upper Tier Tribunal decision, please click here.

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Peter Mantle
Philip Woolfe

World Motor Sport Council has found Renault guilty

Monckton tenant Paul Harris appeared in the World Motor Sport Council (WMSC) in Paris today, representing the governing body of Formula One, the Fédération Internationale l’Automobile (FIA) in relation to charges brought against the Renault team by the FIA arising out of allegations made by ex-driver Nelson Piquet junior who claims he was instructed to crash at Singapore last year, to aid team-mate Fernando Alonso’s victory.  Renault has since received a two-year suspended ban from Formula 1 for breaking the sporting code.  WMSC found Renault “not only compromised the integrity of the sport but also endangered the lives of spectators, officials, other competitors and Nelson Piquet Jr. himself.”

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Paul Harris QC

Monckton Chambers Up 4 Places in Bar Top 30

The Lawyer’s UK Annual Report revealed Monckton Chambers has moved up the rankings, positioned at 25, up 4 places from 29 last year.

We are delighted to be listed in the annual countdown, which is worked out primarily by turnover.  Our growth over the last financial year was covered in The Lawyer in July and it is our dramatic 29% increase which has led to our new ranking.

Leading Set Recommendations in The Legal 500, 2009

The Legal 500, 2009 UK edition has been published and for the seventh year running lists Monckton Chambers as one of the leading sets at the London Bar.

In addition to this accolade, we are also delighted to see that our individual recommendations have gone up by a further 21% to a total of 52.

Peter Roth QC Appointed High Court Judge

The Queen has been pleased to approve the appointment of Monckton member Peter Roth QC to be a Justice of the High Court with effect from 1 October 2009 on the elevation of Mr. Justice Patten to the Court of Appeal.

The Lord Chief Justice will assign Mr. Roth to the Chancery Division.

Head of Chambers, Paul Lasok QC said, “This is a well-merited appointment.  Peter is very intelligent and a pleasant individual. He will make a fine judge.”.

Peter Roth QC was called to the Bar by the Middle Temple in 1977 and took Silk in 1997.  He was appointed a Recorder in 2000 and is approved to sit as a deputy High Court Judge.

Members and staff warmly congratulate Peter on this prestigious appointment.

Peter’s appointment follows the recent news that a former member of Chambers, Kenneth Parker QC, will also be sworn in on Friday 2 October as a High Court Judge, sitting in the Queen’s Bench Division.

Chambers Bar Awards 2009 Nominations Are Revealed

The shortlists for these prestigious awards are now online and we are pleased to feature three times in the listings.

Chambers is particularly well represented this year in the Competition and EU category, where Peter Roth QC is listed for ‘Silk of the Year’ and Daniel Beard ‘Junior of the Year’.  Our third nomination is ‘Junior of the Year’ which goes to Valentina Sloane for VAT.

The results will be announced at The Grosvenor House Hotel, Park Lane, on 1 October 2009.

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Daniel Beard QC
Valentina Sloane

Monckton Chambers Welcomes Alistair Lindsay as a New Tenant

We are delighted to announce that Alistair Lindsay has accepted tenancy with Monckton Chambers with immediate effect.

Alistair, a competition and mergers specialist, originally started his legal career with Monckton Chambers as a pupil, and has decided to rejoin our set, citing our thriving competition practice and the work-life balance opportunities moving to the Bar will bring as the main reasons for his decision to leave his current firm.  Senior Clerk David Hockney welcomes the move: “It shows that, as a set, we’re able to attract stellar lawyers within competition circles to complement Chambers.”

Alistair said “I am delighted to be joining such a dynamic and successful competition practice.”

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Alistair Lindsay

Monckton Chambers Welcomes David Unterhalter SC as a New Tenant

Monckton Chambers is pleased to announce that David Unterhalter SC has accepted tenancy with immediate effect.

David is one of South Africa’s leading barristers, with a practice specialising in competition law, trade law, public law and commercial law and has now transferred his practice to England on a full time basis.

He has appeared in many landmark cases before South Africa’s appellate courts and has built a large practice in trial advocacy before the High Court and specialised tribunals.  David regularly acts for major multinational and South African companies in his fields of expertise, among them: BP, Glaxo Wellcome, Vodafone, Unilever, Mittal, Novartis, JTI, Texaco, Anglo American and Sasol.

David is also the Chairman of the Appellate Body of the World Trade Organisation, the permanent adjudicative branch of the WTO and serves on the International Court of Arbitration of the ICC.

David said “Monckton Chambers has a very good fit with my areas of practice.  I very much look forward to the move”.

David Hockney, Senior Clerk said, “I am delighted that David has accepted our offer of tenancy. He is an internationally renowned competition and trade law barrister and his addition to Chambers will further boost our capability to offer the very best advocacy and advice within our specialist fields of expertise. I am sure that David’s success at the South African Bar will be transferred to England. ”

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David Unterhalter SC

 

Court of Appeal Dismisses Bookmakers’ Challenge to Racecourses’ Licensing of Media Rights

The Court of Appeal has dismissed an appeal by a number of bookmakers challenging the lawfulness under Article 81(1) of arrangements between 30 British race courses for the licensing of their media rights to AMRAC, a joint venture 50% owned by the courses, which broadcasts the new Turf TV service showing live horseracing in betting shops.

The bookmakers argued that the collective and closed nature of the arrangements for the licensing of the courses’ media rights to their JV had the object and effect of restricting competition.  The Court of Appeal dismissed the bookmakers’ challenge, upholding the ruling at first instance, that the arrangements facilitated new entry and therefore introduced competition into markets which, prior to AMRAC’s entry, had been monopolised by a single broadcaster, SIS.  The Court of Appeal also held (overturning the judgment below on the point) that the racecourses do not compete with each other as regards the sale of their media rights.

Christopher Vajda QC, Valentina Sloane and Philip Woolfe appeared for the bookmakers.

Peter Roth QC, Paul Harris and Ronit Kreisberger appeared for AMRAC and the racecourses.

To read the judgment, please click here.

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Paul Harris QC
Ronit Kreisberger
Valentina Sloane
Philip Woolfe