Public & Administrative Law
We are a commercial set with a difference. The focus of our work is on challenges to the exercise of State power in the commercial arena. Whether acting in a competition case, a challenge to telecommunications regulation, a corporate tax dispute or a cross-border financial services matter, the question is usually: does the State have the power to act in the way that it has? That question may involve the application of as many as three systems of public law control: domestic law, EU law and international human rights law, areas in which Monckton Chambers is a market leader
We offer broad experience in judicial review challenges before the Administrative Court and other courts and tribunals (including the Competition Appeal Tribunal, the Information Tribunal and the Court of First Instance). 22 members are appointed to the Attorney General's 'A', 'B' and 'C' Panel of Counsel. Our members' expertise is particularly sought after in connection with judicial review claims arising in commercial regulatory context across a broad range of industry sectors.
Specialist areas of expertise include (please click on the links for details):
- Agriculture, Food, Fisheries and Biosciences
- Broadcasting, Entertainment and Media
- Competition Law
- Customs Duties and Commercial Policy Measures
- Direct and Indirect Taxes
- Discrimination and Equal Treatment
- Employment Law
- Energy
- Environmental Law
- Financial Services
- Freedom of Information and Data Protection
- Health
- Human Rights Law
- Immigration and Free Movement of Individuals
- Mutual Legal Assistance and International Regulatory Co-operation
- Pharmaceuticals
- Procurement Law
- Social Policy, including Social Security
- State Aid
- Telecommunications Law
- Transport
- Utilities Regulation
Notable cases include (please click on the links for details):
- Merger Action Group v Secretary of State for Business Enterprise and Regulatory Reform (Competition Appeal Tribunal)
- Tesco Plc v Competition Commission (Competition Appeal Tribunal)
- RB (Algeria) v Secretary of State for the Home Department (House of Lords)
- T-Mobile (UK) Ltd v Office of Communications (Court of Appeal)
- Georgia v Russia (European Court of Human Rights)
- R (Edwards) v Environment Agency (House of Lords)
- R (Federation of Tour Operators) v HM Treasury (Court of Appeal)
- R (Hafner) v Westminster Magistrates' Court (Divisional Court)
- Anti-Waste Ltd v Environment Agency (Court of Appeal)
- Eisai Ltd v National Institute for Health and Clinical Excellence (NICE) (Administrative Court)
- Greenpeace Ltd v Secretary of State for Trade and Industry (Administrative Court)
- R (Wheeler) v Office of the Prime Minister (Administrative Court)
- R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs (House of Lords)
6/7/2010 Monckton Chambers launches Merger Control Group
30/6/2010 Melanie Hall QC speaks at the The Chartered Institute of Taxation's VAT Conference
25/6/2010 ECJ Hands Down Judgment in Vodafone 'Roaming' Case
2/11/2010 ABA Section of International Law ~ 2010 Fall Meeting
13/10/2010 Managing Competition Risk & Compliance
12/10/2010 GCR Antitrust Litigation 2010 ~ Enforcing Competition Law in the UK, Europe and the US
30/9/2010 Damages Actions for Breach of Antitrust Rules
R (on the application of Low) v Secretary of State for the Home Department [2010] I.C.R. 755
Mobilx Ltd (In Administration) and others v HMRC
Case T-448/05 Oxley Thread v Commission, judgment of the General Court