Administrative & public

Administrative and public law is one of Monckton’s core specialisms, and is an area in which we have long had a strong reputation for both wide-ranging and in-depth expertise. Regardless of the complexity of a particular public law dispute, Monckton Chambers has an array of market leading practitioners at all levels of seniority able to assist. Our members’ rare blend of experience means we are equally sought after in connection with judicial review claims in the commercial regulatory sphere as in respect of high–profile public interest and civil liberties challenges.

‘Administrative and public law’ is a broad practice area, within which our specific areas of expertise include:

Legal issues arising in the context of public law disputes are often cross-cutting, involving diverse other areas of law. Our public law expertise overlaps with practice areas including:

Our practitioners undertake work on behalf of both claimants and defendants, offering the exceptional quality of service our clients have come to expect. Members act for individuals, families, NGOs and charities, companies, regulators and local authorities to ensure their rights are upheld and their interests protected. A large number of our members are appointed to the Attorney General’s ‘A’, ‘B’, ‘C’ and ‘PIL’ Panel of Counsel, from which they represent clients including Secretaries of State and central government agencies in challenges to their decisions (click here to see panel members).

We offer broad experience in judicial review challenges before not only the Administrative Court but also other specialist courts and tribunals such as the Competition Appeal Tribunal and the Information Tribunal. Our members appear in domestic and international courts, at every level of the court and tribunal system.

Monckton is committed to publicly funded work as well as that which is privately paid, and many members work pro bono on public interest litigation. We are regularly instructed in urgent matters including claims requiring applications for interim relief.

 

Commercial & regulatory JR

Judicial review with a commercial or regulatory element is at the heart of Monckton’s Administrative and Public law specialism. The rare combination of commercial and public law expertise on offer at Monckton means our members have a leading reputation and act in the most complex and high-profile challenges.

Our members accept instructions to provide advice and representation across the range of regulated sectors. They are regularly instructed in judicial reviews relating to:

Our practitioners work on behalf of both claimants and defendants, acting for companies, regulators and affected third parties to ensure their clients’ rights and interests are protected. A large number of our members are appointed to the Attorney General’s ‘A’, ‘B’, ‘C’ and ‘PIL’ Panel of Counsel, from which they represent clients including Secretaries of State and central government agencies in challenges to their decisions (click here to see panel members).

Members of this practice group are able to bring to their commercial and regulatory work their expertise in related areas of law including consumer law, competition, data protection, human rights, EU law and EU Relations law, public procurement, tax and duties.

Aviation, road & rail

Monckton Chambers is at the forefront of the law, as evolved, relating to the Aviation sector and its related industries.

In late 2012 the Civil Aviation Authority held an open competition for the role of its standing counsel. This role created for the first time in light of the CAA’s new sectoral powers to enforce competition law jointly with the Office of Fair Trading. Anneli Howard of Monckton Chambers was successful in being appointed to this role. Subsequently, in 2018, Fiona Banks appointed standing counsel for procurement at the CAA.

Members continue to advise in relation to the Civil Aviation Act which came into force in 2014. Members have also been retained for litigation relating to market power assessments and licensing arrangements for Heathrow, Gatwick and Stansted Airports. In addition to the airports Monckton has a strong client base consisting further of airlines, regulators, central government concerned with aviation emissions and environmental groups. Significant cases include the ongoing Air Cargo cartel damages claims which has involved a number of Monckton barristers representing the plethora of airlines involved

Civil liberties & human rights

Monckton Chambers has been at the heart of an enormous growth, in the last decades, in human rights litigation, both in our domestic courts and in the European courts before the General Court of the European Communities, the Court of Justice of the European Union, the European Court of Human Rights and before international tribunals.

As well as protecting the rights of individuals, human rights law plays an increasingly important role within Chambers’ core areas of commercial and regulatory litigation and Chambers has particular expertise in the protection of commercial interests through international human rights proceedings.

There has been a significant increase in domestic human rights cases, particularly in police law, abuse of authority cases, social and health care, disability discrimination, mental health and information law. There is also an increase in cases brought before the European Court of Human Rights.

A particular strength of Monckton Chambers is the overlap between commercial and regulatory litigation and that of human rights, as well as the protection of commercial interests through international human rights proceedings. More generally, the human rights expertise of Monckton Chambers forms an essential part of its public law practice, covering such wide-ranging areas as fair trial rights, privacy and data protection, freedom of information and freedom of expression, asylum and immigration, the right to property, and equality and non-discrimination.

Monckton Chambers can also a significant number of members with previous careers in the forefront of Human Rights and Civil Liberties: Eric Metcalf was the Director of Human Rights Policy at JUSTICE; Nikolaus Grubeck worked for the United Nations in Afghanistan and Sudan; Gerry Facenna was also at JUSTICE, and he was a founding member on the Executive Committee of the Human Rights Lawyers Association.

Commercial dispute resolution

Monckton Chambers has extensive experience in all areas of commercial litigation and arbitration. The commercial team is well placed to provide advice and representation, and builds upon Chambers’ outstanding expertise in the EU, competition, and sports fields, as well as offering specialist commercial practitioners.

In addition to its Commercial & Chancery Court practice, Chambers’ members also boast formidable experience and expertise in a number of foreign jurisdictions, including Ireland, the British Virgin Islands, the Isle of Man, the United States, Russia and the CIS states, Australia, India, and Belgium.

Members of Chambers also have expertise and experience in all major arbitral institutions and rules including LCIA, ICC, CIArb, SCAI, LMAA, UNCITRAL, ICAC (Russia), HKIAC, SIAC, and ICSID.

Specific areas of expertise include:

  • Aviation
  • Banking & Finance
  • Civil & Commercial Fraud
  • Commercial Chancery
  • Company
  • Competition
  • Energy & Natural Resources
  • Insolvency and Restructuring
  • Insurance
  • Offshore
  • Partnership
  • Private International Law
  • Shipping & Commodities
  • Sports

Community care and local government

Members of Monckton Chambers have acted in many of the leading social care and local government cases of the past decade. The team has very significant experience of cases in the higher courts, including the Supreme Court.

Barristers at Monckton advise and represent individual claimants, charities and NGOs, private companies in the social care sector and public authorities.

The team’s expertise includes:

  • The Care Act 2004, including challenges relating to Needs Assessments
  • The Children Act 1989, including challenges relating to s.17 Child In Need Assessments
  • Age disputes between local authorities and unaccompanied asylum seekers
  • Housing, including challenges relating to social housing allocation schemes
  • Education law disputes, including challenges relating to EHCPs or the right to education
  • Asylum support

Counsel teams from Monckton are regularly instructed in major challenges to local authority policies. Our barristers, particularly junior members of the team, frequently act as sole counsel in challenges to decisions relating to provision for individual adults or children.

Competition

Monckton Chambers is acknowledged as a pre-eminent set in all areas of competition law.

We offer specialists at every level of seniority, to suit every type of competition law case. Our members are recognised leaders in their field, who consistently appear in the leading competition cases in both the European and domestic courts.

Our areas of expertise include:

  • Antitrust (Article 101 TFEU/Chapter I Competition Act 1998 and Article 102 TFEU/Chapter 2 Competition Act 1998)
  • Class actions
  • Fast track competition claims.
  • Mergers
  • Public undertakings;
  • Specific sectoral regimes, including telecommunications; utilities (gas, electricity, and water); health; and financial services
  • State aid

We advise and represent clients on proceedings in a wide range of contexts, including:

Members act in competition law actions and inquiries in many countries around the world (including in Hong Kong), and in international competition law arbitrations and mediations: see here for a list of arbitrators. As well representing clients members also act as expert witnesses on UK and EU competition law.

See individual CVs for details of members’ recent and significant cases.

Members of Monckton Chambers write, edit and/or contribute to numerous leading competition law publications and periodicals, including:

  • Lindsay & Berridge, The EU Merger Regulation: Substantive Issues (5th ed., 2017);
  • Bellamy & Child, European Union Law of Competition (8th ed., 2018, and updates);
  • Brealey, Competition Litigation: UK Practice and Procedure (2nd ed., 2019).

State aid

Monckton Chambers is widely recognised as a pre-eminent set in the field of State aid law. We have experience of representing claimants and defendants in proceedings before domestic courts and tribunals in which an allegation of unlawful State aid has been made, as well as of acting for both complainants and respondents in EU State aid investigations, and in challenges to Commission decisions before the Community Courts.

Members are regularly instructed to advise potential aid recipients, their competitors, and government bodies on the lawfulness of proposed financial and other measures raising State aid concerns.

Our members’ expertise in procurement, local government, public and tax law makes them ideally placed to advise on State aid issues arising in the contexts of procurement, taxation and regulation. Other contexts in which our members are frequently instructed on State aid matters include media/broadcasting, regeneration schemes, infrastructure projects, public-private partnerships, rescue and restructuring aid, environmental measures, and financial services.

Members write regularly on State aid law in the European State Aid Law Quarterly and other legal journals, while Monckton practitioners are the authors of chapters on State aid in: Bellamy & Child, European Community Law of Competition; Korah, Competition Law of the European Community (LexisNexis); and Bacon, European Union law of State aid.

Members have also given oral and written evidence to various House of Lords and House of Commons Select Committees on State aid issues.

Please click for information on our wider competition law practice.

Fast track competition claims

Monckton Chambers has unrivalled expertise in the fast track procedure for competition claims before the Competition Appeal Tribunal. Barristers from Monckton Chambers represented both parties in the only fast track claim to have proceeded to trial to date. You can read news items about the case here, and a case note discussing the judgment here.

The fast track is designed to offer a fast and cost-effective way for victims of competition law infringements to bring their claims to court. Specifically the fast track guarantees that:

  • The hearing will take place within six months; and
  • The costs are capped, so the exposure to paying the other side’s costs is limited.

The Tribunal decides which claims are suitable for fast track. A claim is more likely to be considered suitable if:

  • The claimant is a small business;
  • The claim is relatively simple; and or
  • The claim does not require extensive disclosure of documents, or a large number of witnesses.

A claimant might ask the Tribunal for an order that the anti-competitive behaviour must stop, or for compensation for losses it has suffered as a result of it.

Please call the clerks on 020 7405 7211 for a confidential discussion of your case.

Private damages claims

Monckton Chambers is acknowledged as a pre-eminent set in all areas of competition law.

We offer specialists at every level of seniority, to suit every type of competition law case. Our members are recognised leaders in their field, who consistently appear in the leading competition cases in both the European and domestic courts.

Members offer advice and representation in:

  • Private follow-on actions for damages in the High Court or Competition Appeal Tribunal;
  • Stand-alone actions in the High Court for damages and injunctions;
  • Intellectual property disputes raising competition law issues (including fair, reasonable and non-discriminatory terms (FRAND));
  • Multi-party international actions (including those raising conflict of laws issues).

See individual barristers’ CVs for details of members’ recent and significant cases.