Jeremy McBride prepares feasibility study for a European legal instrument to protect the profession of lawyer

Jeremy McBride has prepared for the European Committee on Legal Co-operation (CDCJ) of the Council of Europe a feasibility study on a new binding or non-binding, European legal instrument to protect the profession of lawyer.

This study examines the problems faced by lawyers in the 47 member States of the Council of Europe, the extent of these problems, the use made of the existing instruments in practice as well as the level of the protection and the manner in which this is currently offered to lawyers. It assesses the possible added-value and effectiveness of a possible future legal instrument in the field, the advantages and disadvantages or risks, according to the nature of such an instrument.

The Committee of Ministers’ Deputies, at its 1400th meeting held on 31 March 2021, took note of the study as well as the draft terms of reference of a subordinate committee of experts tasked with drawing up a draft instrument to be proposed in the context of the examination of the next Council of Europe programme and budget (2022-2025).

Monckton members commissioned to write Internal Market Act Book

George Peretz QC, Alan Bates, Brendan McGurk and Jack Williams have been commissioned by OUP to write a Blackstone’s Guide to the UK Internal Market Act 2020.

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.

This book will explore 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. The book will be published later this year.

Carl Baudenbacher – LSE blog – The ECJ used to be a neutral court for the UK – it no longer is

In the UK, the ECJ had been called a foreign court in the Brexit debate. However, the term comes from Switzerland. The notion of a foreign court was used to refer to an international court that includes judges from other states. However, this notion is fallacious, argues Carl Baudenbacher (LSE). The decisive factor is whether a court is neutral. If a state belongs to an international organisation, the international court in question is neutral towards that state. This applies to the ICJ, for example, regardless of whether a state provides a judge or not. The ECJ, on the other hand, is not neutral for post-Brexit Britain and for Switzerland; it is the court of the other party and thus not impartial.

Please click here to read the article published by the LSE Blog.

Christopher Vajda QC – Q&A with GCR

Christopher Vajda QC stepped down from his role as a judge at the European Court of Justice following the UK’s withdrawal from the European Union on 31 January 2020. He returned to Monckton Chambers in October, where he began his legal career. Janith Aranze spoke to Vajda about streamlining the General Court’s procedures, the UK’s approach to digital markets and whether further guidance is needed at an EU-level on competition-related SEP matters.

To read the Q&A please click here.

Jack Williams – Tax Journal – Colchester: when is supply a ‘supply of services for consideration’?

In Colchester Institute Corporation v HMRC, the Upper Tribunal held that state-funding did have a sufficient link to the provision of education and vocational training provided by a college to constitute supply of services for consideration and economic activity. Nevertheless, HMRC was entitled to set-off input tax to reduce the taxpayer’s repayment claim. The implications of the case are likely to be profound: many businesses – educational and otherwise – supplying services that are funded by state agencies are now likely to argue that their provision of services does, in fact, constitute the supply of services for consideration and economic activity. That being so, there would be no need to account for output tax on those services and any accounted for with HMRC may be recoverable.

Read the article.

Gee on Injunctions – 7th Edition now available

Sweet & Maxwell has published Commercial Injunctions, authored by Steven Gee QC.

Now in its 7th edition, Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 7th Edition maintains and extends the quality of previous editions which has given the book its deserved reputation. It has been updated in the light of extensive new case law and legislative developments, including to the Civil Procedure Rules. This new edition includes an appendix providing a unique comparative look at practice and procedure of injunctions under US and French law. Steven is grateful to Lord Collins of Mapesbury for providing the foreword.

Assisting Steven with this latest edition were Monckton’s Kristina Lukacova and Alfred Artley.

For further details, click here for the publishers’ website

Harry Gillow – Tax Journal – Local authorities, economic activity and the special legal regime

The First-tier Tribunal has released its long-awaited decisions in three cases concerning the VAT treatment of fees charged by local authorities across the UK for access to sports and leisure facilities, holding that while the activities constituted economic activity, they were nevertheless exempt from VAT on the grounds that they were carried out under a special legal regime. These decisions will have wide-ranging implications for the VAT treatment of a large number of activities carried out by local authorities or other statutory bodies under a statutory regime which imposes conditions or obligations on the body when providing the services.

Read the article.

Ben Lask – LexisNexis: Abuse of process – follow-on damages claims and admissions in EU infringement proceedings (ABVolvo v Ryder)


Dispute Resolution analysis: This case concerned the application of the common law doctrine of abuse of process in claims for damages arising from an infringement of competition law. The Court of Appeal upheld a judgment of the Competition Appeal Tribunal (CAT), finding that it would be an abuse of process for the defendants in such a case to contest findings contained in the decision of the European Commission (the Commission), where those findings reflected admissions by the defendants, unless there was some justification for doing so.

Written by Ben Lask, barrister at Monckton Chambers.

This analysis was first published on Lexis®PSL on 18 November 2020 and can be found here.