Ian Wise QC is The Lawyer’s Barrister of the Week

The Lawyer has selected Ian Wise QC as “Barrister of the Week” for his recent landmark human rights case involving a vulnerable five-year-old boy, Mathew Richards. Ian, leading Monckton’s Michael Armitage and Will Perry, succeeded in showing that the Environment Agency is not discharging its statutory duty under s. 6 of the Human Rights Act 1998 to protect the boy’s right to life and right to respect for private and family life (under Articles 2 and 8 respectively of the European Convention on Human Rights) in its regulation of harmful hydrogen sulphide emissions from the Walleys Quarry Landfill Site in the Staffordshire village of Silverdale. See Monckton website news 16 September 2021.

The Lawyer article leads with Ian’s own words, stating he does “people cases, not money cases,” working predominantly for claimants against public bodies and visited the House of Lords and Supreme Court on 14 occasions.

But this was not just a people case, it was people Ian knew and this only added to the urgency. “If there was ever a case that required sleeves to be rolled up and burn the midnight oil, then this was the case. I certainly felt an additional imperative to get it right,” he tells The Lawyer.

Although successful, it is recognised that the fight is far from over, as it is still to be seen as to whether the Environment Agency complies with its obligations. If not, Wise will be ready. “We won’t be leaving any stone unturned to ensure that this judgment is enforced,” he said.

The Lawyer concludes with Ian using the case example to promote both the Judicial Review process and the Human Rights Act, as crucial tools to protect people’s rights and challenge the interests of public bodies. It is also a case in point to highlight that underlying Ian’s “entire practice is an instinctive sense of right and wrong.”

“Barrister of the Week” is selected by The Lawyer’s Litigation Tracker team. Subscribers can read the full article here.

Paul Harris QC shortlisted for Barrister of the Year in this year’s Lawyer Awards

Paul Harris QC is one of seven Silks who have been selected for the shortlist of the “Barrister of the Year” category.

Paul’s successful submission focussed primarily on his trailblazing collective competition law proceedings (CPOs) practice, as the only QC in this country to have led on the first five major contested CPO hearings, both for claimants and for defendants. In particular, Paul led a team of other silks and juniors on behalf of the opt-out claimants in Walter Hugh Merricks CBE v Mastercard Inc., the first mass consumer claim successfully brought under the new collective action regime. Paul was pivotal in determining strategy for the case and considers acting on behalf of 46 million consumers in the UK’s biggest ever damages action and leading the team to a successful conclusion in the Supreme Court as one of the greatest challenges of his career to date. The case was instrumental in The Lawyer recognising Paul as Barrister of the Week and including him in The Lawyer Hot 100 2021.

However, Paul’s case highlights in 2020 were not just about competition and collective actions; it also reflects his pre-eminence as a Sports law barrister. In July 2020, Paul led the successful appeal before the CAS by Manchester City FC against the decision by UEFA to impose a two-year ban from the Champions League. The result saw the CAS overturn the previous decision, thus enabling the club to progress through the competition to the Final in 2020-2021. Similarly, Paul was heavily involved in assisting Mercedes GP to a seventh double world championship in the world of Formula 1.

The Lawyer Barrister of the Week article best summarised Paul’s exceptional year and his suitability for this award, with the following: “It has been a year in which he has helped shift the legal landscape for good and keep his football club competing among Europe’s elite. There is no doubt that these results only come round once in a Blue Moon.”

The winner of the Barrister of the Year and the other categories will be announced at a digital awards ceremony taking place on Tuesday 2nd November.

Josh Holmes QC is The Lawyer’s Barrister of the Week

The Lawyer has selected Josh Holmes QC as “Barrister of the Week” for his recent victory for Coca Cola European Partners in the CAT, which struck out a £11.6m claim made against the British multinational bottling company. See Monckton website news 30 July 2021.

Forrest Fresh Foods claimed that Coca-Cola European Partners had abused its dominant position but was admonished by the specialist tribunal for failing to be specific about its serious allegations, and not having “a proper approach to litigation.”

The article highlights Josh’s success in positioning himself as the “go-to-barrister for major competition disputes”, including acting in the Forex and Trucks proceedings, as well as newer disputes such as Google’s Epic Games and Play Store.

Josh led Monckton’s Nikolaus Grubeck for Coca-Cola European Partners, and was instructed by CMS.

“Barrister of the Week” is selected by The Lawyer’s Litigation Tracker team. Subscribers can read the full article here.

Robert Palmer QC appointed as a Deputy High Court Judge

Chambers is pleased to announce that Robert Palmer QC has been appointed a Deputy High Court Judge. His appointment will take effect on 1st October 2021.

The appointment followed an open competition by the Judicial Appointments Commission. Robert will hear cases in the Queen’s Bench Division. The role of Deputy High Court Judge is reserved for those who have the experience and expertise to deal with very complex cases which would otherwise be undertaken by High Court Judges.

Robert will sit in the High Court for around 30 days a year, and will also continue to practise full time from Chambers.

Chambers UK Bar Awards 2021 – Monckton Chambers and four members in the shortlists for Competition

The shortlists for Chambers UK Bar Awards 2021 have been announced and Monckton Chambers is once again in the running for the Set award for Competition. In addition, Monckton has two members in the final three for Competition Silk of the Year and two barristers in the shortlist of three for Junior of the Year for the same category:

Competition Set of the Year
Competition Silk of the YearJon Turner QC
Competition Silk of the YearPaul Harris QC
Competition Junior of the YearBen Lask
Competition Junior of the YearJulianne Kerr Morrison

The winners will be announced at a ceremony on Thursday 18 November at Old Billingsgate, London.

The awards recognise a Chambers’ pre-eminence in the UK. They also reflect achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service. They honour the work of Chambers across the country based on the research for the most recent edition of Chambers UK Bar.

The full shortlist can be found on the Chambers and Partners website.

Ben Lask, Azeem Suterwalla and Michael Armitage successful in most recent round of Attorney General Panel appointments

Azeem Suterwalla has been promoted to the Attorney General A panel, joining Ben Lask who was also successful in retaining his place in the panel which deals with the most complex government cases. Michael Armitage has been promoted to the “B” panel in this round of appointments, which commence from September for five years.

The Attorney General maintains four advisory panels of junior counsel to undertake civil and EU work for all government departments. There are three London panels (an A panel for senior juniors, a B panel for middle juniors, a C panel for junior juniors) and a regional panel. In addition, there are three Public International Law Panels.

In total, these most recent appointments mean that a total of 18 members of Monckton Chambers are on the following AG’s panels:

Mentoring for underrepresented groups: Monckton Chambers in scheme run by ten commercial barristers’ chambers

The applications are no longer being accepted, the deadline was 20 September 2021. All successful applicants will be contacted via email by 18th October.

Applications are now open for the mentoring scheme for underrepresented groups at the Bar run by Monckton Chambers with 9 other sets.

The purpose of the scheme is to support and encourage individuals from groups which are underrepresented at the Bar of England and Wales (and in particular the commercial bar) to pursue careers as barristers. Those underrepresented groups include women; people from minority ethnic backgrounds; people with disabilities; LGBT+ people; people who spent time in care; and people from disadvantaged socio-economic backgrounds.

In the scheme’s first year, over 400 applications were received and 150 mentees were matched with mentors. In addition to Monckton, the following Chambers are taking part this year: Blackstone, Brick Court, Essex Court, Fountain Court, Gatehouse, Keating, 7 King’s Bench Walk, One Essex Court and 3 Verulam Buildings.

The scheme will run between October 2021 and May 2022. It is open to all undergraduates and graduates from groups that are underrepresented at the Bar of England and Wales (and in particular the commercial bar) and who do not yet have a pupillage offer.

Successful applicants to join the scheme will be allocated a mentor, who will be a member of one of the participating sets of chambers. As part of the scheme, mentees will be offered:

  • Between three and five one-on-one meetings with their mentor.
  • A workshop on applications for pupillage.
  • Subject to developments in relation to the COVID-19 pandemic, one or more social events for mentors, mentees and members of the participating sets of chambers.

Joint Heads of Chambers Tim Ward QC and Philip Moser QC comment that “We’re delighted to be part of this great scheme, and to contribute to its growth. It plays an important role in making the profession more accessible for all.”

Applications will close at midday on 20 September 2021 (previously 6 September 2021).

Further information on the scheme, including the email address for the application form, can be found here and the application form here.

CMA Panel of Standing Counsel Appointments – Monckton now six members strong

Congratulations to Josh Holmes QC, Julianne Kerr Morrison, Michael Armitage and Daisy Mackersie on their appointment to the CMA’s panel of counsel following an open competition. They join Rob Williams QC and Ben Lask, current Standing Counsel members from Monckton Chambers, bringing the number of Monckton appointees to six out of a total panel of eleven. All six Monckton members have appeared in some of the main challenges to regulatory competition decisions.

The CMA, the UK’s primary competition and consumer authority, is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. The panel of counsel is intended to provide the CMA with a strong team of advocates and external legal advisers, who are enthusiastic about and committed to its work – but also able to give it detached and objective advice. The CMA has expanded its Standing Counsel to make sure it has the right number of members to assist in its work going forward. This reflects the growth in litigation undertaken by the CMA across all areas of activity as well as in anticipation of an increase in workload, following the UK’s departure from the EU and the establishment of the Office for the Internal Market and the Digital Markets Unit.

These appointments were made following an open competition with the consent of the Attorney General. They are for a term of 3 years with a possible extension of a further 3 years.
For further information, see CMA news release here.

Antonia Fitzpatrick and Clíodhna Kelleher to be Monckton tenants

The members of Monckton Chambers congratulate pupil barristers Clíodhna Kelleher and Dr Antonia Fitzpatrick on being invited to join Chambers following successful completion of pupillage. All are delighted they have accepted.

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.

Both Clíodhna and Antonia will become tenants on 01 October 2021.

Second Annual Summer Webinar Series: Competition Law in the UK and EU

Monckton Chambers is honored to partner with NERA Economic Consulting to cordially invite you to join us for the Second Annual Summer Webinar Series: Competition Law in the UK and EU.

Building on the success of our inaugural program, this year’s series will include four information-packed webinars held across four weeks, beginning on Thursday, 8 July 2021. We will bring together leading regulators and distinguished legal and economic experts to discuss, give insight, and share their expertise on some of the most significant competition challenges we face today.

Upcoming Summer Series Sessions:

Webinar 1 – 8 July, 3pm – 4pm  – Mergers: The CMA Rattling the Sabre

The Competition and Markets Authority (CMA) has strengthened its approach to merger investigations, with new merger guidance, collaboration with international enforcers, and recent Competition Appeal Tribunal successes (such as Sabre/Farelogix and Facebook/Giphy). But has it gone too far? Or perhaps not far enough?

In this roundtable session, our experts will discuss where the CMA’s approach to merger control has changed, address how the change came about, and offer insight into reasons behind the change.

Chair:
Grant Saggers, Director, NERA Economic Consulting

Speakers:
Eleni Gouliou, Director of Mergers, CMA
Alex Baker, Managing Director, Fingleton
Alison Berridge, Barrister, Monckton Chambers

The recording is available here

 

Webinar 2 – 15 July, 3pm – 4pm  – Cartels: From Leniency to Litigation

Cartel enforcement continues apace in the UK, whether regarding information exchange, Resale Price Maintenance, or collective actions.

During this interactive session, our panel of distinguished experts will take a detailed look at recent enforcement cases, appeals made to the Competition Appeal Tribunal, and damages actions.

Chair:
Tim Ward QC, Barrister, Monckton Chambers

Speakers:

Dr Anca Cojoc, Senior Consultant, NERA Economic Consulting
Ben Lasserson, Partner, Mishcon De Reya
Edward Coulson, Partner, BCLP
Julianne Kerr Morrison, Monckton Chambers

The recording is available here

 

Webinar 3 – 22 July, 3pm – 4pm  – Privacy: Competition, Harm, and Damages

Privacy and GDPR issues are shaping the focus of competition authorities and regulators. They are also among the key battlegrounds in competition policy and litigation.

In this session, our experts will provide insight into the latest competition policy and litigation issues regarding privacy and GDPR, asking:

          • Where is the common ground?
          • Who occupies this common ground?
          • What do experiences elsewhere in the world mean for the UK?

Chair:
Dr Lawrence Wu, President, NERA Economic Consulting

Speakers:
Dr Luisa Affuso, Chief Economist, Ofcom
Gerry Facenna QC, Barrister, Monckton Chambers
Tom Reynolds, Head of Economic Analysis, Information Commissioner’s Office

The recording is available here

 

Webinar 4 – 29 July, 3pm – 4pm  – Abuse of Dominance: A ‘Whistl’-Stop Tour

The CMA has launched new investigations into digital markets, while at the Competition Appeal Tribunal some of the largest damage claims relate to abuse of dominance issues.

In this session, our leading experts will provide insight into recent cases and appeals that relate to abuses of dominance (e.g, Royal Mail vs Ofcom), the future of the AEC test, and how abuses may be mitigated through new regulation.

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Jenny Haydock, Economics Director, CMA
Daniel Beard QC, Barrister, Monckton Chambers
Adrien Cervera-Jackson, Associate Director, NERA Economic Consulting

The recording is available here