Independent review, chaired by Sir Christopher Bellamy QC, calls for £135m to save criminal legal aid

Twelve months after his appointment to chair an independent review of the Criminal Legal Aid system, Sir Christopher Bellamy QC, leading the Criminal Legal Aid Review (CLAR), has published the 160 page “Independent Review of Criminal Legal Aid”.

The report makes the case for funding for criminal legal aid to be increased for solicitors and barristers as soon as possible to an annual level of ‘at least 15%’ above present levels to ensure that a “level playing field” between defendants and prosecutors was maintained. “£135m is, in my view, the minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect,” warns Sir Christopher as the report tells ministers that funding is vital to stem the exodus of lawyers from criminal justice and the current backlog in the crown court system.

In a written ministerial statement, Lord Chancellor Dominic Raab promises a full response no later than the end of March 2022.

You can read the full report here.

Published on the 15th December, the review and its findings has received considerable media interest including The Times, the BBC and The Law Society Gazette.

John Swift QC’s Review into the FCA’s Supervisory Intervention on Interest Rate Hedging Products Published

The Financial Conduct Authority (FCA) has today published the independent lessons learned review by John Swift QC, which considers the FCA’s supervisory intervention on Interest Rate Hedging Products (IRHP).

The report is the culmination of over two years of work, in which the Review team considered around a million documents and conducted dozens of interviews with stakeholders. It sets out a full account of the legal and regulatory context, and the history of the FCA’s intervention, before reaching detailed findings and making 21 specific recommendations for the FCA.

The Report is available here.

John Swift QC was assisted by Nikolaus Grubeck and Kristina Lukacova as well as by an Ashurst LLP team led by David Capps and by Kemp Communications.

The Review has been covered in: The Times, Financial Times, Bloomberg, The Guardian, Reuters, The TimesMarket Screener

The Third Annual UK Competition Litigation Conference 2021

Bringing together leading competition experts from around the world, Monckton Chambers, NERA Economic Consulting, and Augusta Ventures return to co-host the Third Annual UK Competition Litigation Conference. For four sessions held over three days (7–9 December), leading competition experts will not only lead dynamic roundtable sessions but will also discuss the most important cases and developments in competition litigation this year and identify what they are watching out for in 2022.

With each session designed to address key issues, the conference will once again feature distinguished legal and economic experts and senior regulators hosting the following roundtable discussions:

  • Conference Opening, Key Cases of 2021, and a Look Forward
  • Competition Litigation Involving Big Tech
  • A Class of Its Own
  • Conference Closing Address – A Conversation with The Honourable Mr Justice Marcus Smith

 

Tuesday 7th December

15:00 – 16:45   Conference Opening, Key Cases of 2021, and a Look Forward

During this interactive session, our competition specialists will share their views on the key cases that have shaped the UK competition litigation landscape in 2021, survey an array of perspectives (from claimants, defendants, funders, experts, and direct and indirect purchasers) to pinpoint key strategic developments this year, and “look forward” and predict what we can expect in competition litigation in 2022.

Welcome:
Mark Brealey QC, Barrister, Monckton Chambers

Chair:
Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Willkie Farr
Anneli Howard QC, Barrister, Monckton Chambers
Elizabeth Jordan, Senior Counsel, Slaughter and May
Simon Latham, Investment Manager, Augusta Ventures
Grant Saggers, Director, NERA Economic Consulting

The recording is available here

 

Wednesday 8th December

14:00 – 15:30   Competition Litigation Involving Big Tech

The digital giants are increasingly facing litigation issues in the UK and Europe. These issues range from appeals against enforcement decisions to new collective actions and emerging actions around data and privacy. For the second session of our Third Annual UK Competition Litigation Conference, our panel of experts take an up-close look at some of the most significant cases of 2021 involving the world’s largest digital tech companies. Our experts will also examine claimant and defendant perspectives and explore critical conceptual issues (such as valuing damages from foreclosure or in two-sided markets) in these cases.

Chair:
Meredith Pickford QC, Barrister, Monckton Chambers

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Ronit Kreisberger QC, Barrister, Monckton Chambers
Dr Nicola Tosini, Director, NERA Economic Consulting
Steven Vaz, Partner, Ashurst

The recording is available here

16:00 – 17:30    A Class of its Own

2021 has seen a wave of collective actions in the UK, with several already certified.
In the third session of our Third Annual UK Competition Litigation Conference, our leading experts will review some of the key impacts of the influx of collective actions and ask:

              • How these cases are structured, strategized, and evidenced?
              • What the collective actions of 2021 mean for the UK as a forum?
              • What the year reveals about new types of action that touch non-traditional issues such as privacy and consumer protection?

Chair:
Kassie Smith QC, Barrister, Monckton Chambers

Speakers:
Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Edward Coulson, Partner, Bryan Cave Leighton Paisner
Kenny Henderson, Partner, CMS Cameron McKenna Nabarro Olswang LLP
Ben Lasserson, Partner, Mischon De Reya
Clara Segurola, Investment Manager, Augusta Ventures

The recording is available here

 

Thursday 9th December

17:30 – 18:30   Conference Closing Address

We are delighted to host a conversation on the future of competition litigation in the UK with The Honourable Mr Justice Marcus Smith.

Chair: 
Philip Moser QC, Barrister, Monckton Chambers

Speaker: 
The Honourable Mr Justice Marcus Smith, President, Competition Appeal Tribunal

Closing Remarks:
James Mellsop, Antitrust and Competition Practice Chair, NERA Economic Consulting

The recording is available here

Blackstone’s Guide to the UK Internal Market Act 2020 – now available

OUP has published Blackstone’s Guide to the UK Internal Market Act 2020 authored by Monckton members George Peretz QCAlan BatesBrendan McGurk and Jack Williams, experts with extensive experience in the relevant fields of EU internal market law, EU and UK competition law, UK constitutional law, and consumer law.

The Internal Market Act is of significant importance and interest to UK businesses, consumers, and professionals. It essentially replaces (and modifies) the large body of EU internal market law for the UK post-Brexit. This will touch on almost every area of domestic business and trade.

The book is the first to consider the UK’s newly-formed internal market post Brexit and the UK Internal Market Act 2020. The book explores the Act’s provisions in a succinct and practical manner, working through the provisions in the Act in a logical and cohesive manner to help the busy practitioner.

For further details and to order please click here.

Chambers Bar Awards 2021 – Monckton success as Set wins for Competition and Ben Lask is Competition Junior of the Year

At last night’s awards ceremony, Monckton Chambers and its members won two awards – Ben Lask won Junior of the Year for Competition and Monckton Chambers was awarded Competition Set of the Year.

Competition Junior of the Year, Ben Lask, is Standing Counsel to the Competition and Markets Authority. He is described in the most recent Chambers Bar Guide as “very much on top of the issues; he is an accessible barrister and turns things around over a short timescale.” Recent high profile cases include acting for the CMA in Facebook’s unsuccessful appeal concerning the CMA’s use of interim measures in merger investigations and representing Royal Mail and BT in the ongoing Trucks litigation.

Although not winners on the night, we were also delighted that Jon Turner QC and Paul Harris QC were in the shortlist for Competition Silk of the Year and Julianne Kerr Morrison was in the running for Competition Junior of the Year.

The awards, which are based on research for the 2022 edition of Chambers UK Bar, reflect a set’s pre-eminence in key practice areas. They also reflect notable achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.

For further details, see the Chambers and Partners website.

Mentoring Scheme for underrepresented groups offers places to nearly 200 applicants

Monckton Chambers is delighted to announce that the ten sets of Chambers participating in the Mentoring Scheme for underrepresented groups have, between them, offered places on the scheme to nearly 200 applicants from groups that are underrepresented at the Bar.

The scheme will make a real contribution to increasing opportunity and diversity at the Bar, by providing mentees with a source of information and advice, and by making it clear that a career at the Bar is open to anyone, from any background.

More details about the scheme are here.

It is open to people from underrepresented groups including women; people from minority ethnic backgrounds; people with disabilities; LGBT+ people; people who spent time in care; and people from disadvantaged socio-economic backgrounds.

The participating sets of Chambers are:

  • Monckton Chambers
  • Blackstone Chambers
  • Brick Court Chambers
  • Essex Court Chambers
  • Fountain Court Chambers
  • Gatehouse Chambers
  • Keating Chambers
  • 7 King’s Bench Walk
  • One Essex Court Chambers
  • 3 Verulam Buildings

Paul Harris QC is Barrister of the Year in The Lawyer Awards

Paul Harris QC has won the “Barrister of the Year” category in this year’s The Lawyer Awards. The virtual awards ceremony was hosted by BBC news anchor Huw Edwards, who announced the winners of the 29 awards.

In summarising why Paul was the winner of this award, the presenter highlighted the judges’ recognition of Paul’s trailblazing collective competition law proceedings (CPOs) practice, and in particular his “strong leadership of a novel case” in acting for the opt-out claimants in Walter Hugh Merricks CBE v Mastercard Inc. This was the first mass consumer claim successfully brought under the new collective action regime and the judges were impressed with Paul’s “extremely strong advocacy credentials” in this “relatively new area of law.”

The judges also cited Paul’s “pre-eminence in, and his commitment to, his chosen fields of competition and sports law, as supported by the detailed testimonials by instructing solicitors and clients as to his personal and legal ability, which led further force to his submission”

These testimonials can be accessed here.

Chambers Bar UK 2022 – Monckton Chambers is once again top tier for Competition, EU Law, Telecoms, Procurement and Indirect Tax

The recently launched Chambers Bar UK 2022 ranks 57 individual Monckton barristers across 19 practice areas with many appearing in multiple categories.

Monckton Chambers is one of the most highly ranked sets in the UK as it has been recommended in eleven practice areas; in five of these, Monckton is recognised as a “Band One” leading set:

  • Competition
  • European Law
  • Telecommunications
  • Public Procurement
  • Indirect Tax

The Set has also been ranked in a further six categories:

  • Administrative and Public Law
  • Civil Liberties & Human Rights
  • Data Protection
  • Sports Law
  • Environment
  • Community Care

Individual members were also recognised as “Leading Individuals” in a further nine categories:

  • Aviation
  • Commercial Dispute Resolution
  • Education
  • Immigration
  • Local Government
  • Public International Law
  • Social Housing
  • International Human Rights Law
  • Consumer

For further details on how Monckton Chambers performed, visit the Chambers and Partners website.

We welcome two new tenants – Antonia Fitzpatrick and Clíodhna Kelleher

Monckton Chambers is delighted to announce that Antonia Fitzpatrick and Clíodhna Kelleher have accepted invitations to join Chambers following successful completion of pupillage.

Prior to pupillage Antonia was Student Director of the School Exclusion Project. She was also, for six years, a member of St. John’s College and the History Faculty, University of Oxford, holding the positions of Junior Research Fellow and Departmental Lecturer in Medieval History.

Clíodhna Kelleher, a graduate of University College Dublin and Harvard Law School, was the recipient of the Irving R Kaufman Fellowship awarded by Harvard Law School and has won a number of debating championships including the John Smith Memorial Mace and the 2016 ‘Irish Times’ debate individual award.

Antonia and Clíodhna became tenants on 1st October 2021 having experienced a broad range of practice areas as part of pupillage.

Legal 500 UK Bar 2022: Monckton recognised as top tier for five practice areas

In the recently launched Legal 500 UK Bar 2022, a record 55 individual barristers from Monckton Chambers are listed across 16 practice areas with many recommended in multiple categories.
Monckton Chambers has been recommended, as a TOP-TIER set in the following five practice areas:

  • Competition
  • EU law
  • Telecoms (regulatory)
  • Public procurement
  • Tax – VAT

The Set has also been ranked in a further four areas:

  • Administrative and public law (including local government)
  • Civil liberties and human rights (including actions against the police)
  • Data protection
  • Sport

Individual members were also recognised as “Leading Individuals” in:

  • Commercial Litigation
  • Education
  • Fraud:civil
  • Immigration (including business immigration)
  • International arbitration: counsel
  • Public international law
  • Social housing