Imogen Proud – LexisPSL – Education law – Secretary of State unable to recover tuition fees under the Education (Student Support) Regulations 2011 (SS Education v CCP Graduate School Ltd)

Local Government analysis: The High Court dismissed a claim for recovery of tuition fees which the Secretary of State for Education (via the Student Loans Company) had paid to an Alternative Education Provider which enrolled students onto one particular course but registered them to the relevant awarding body for a different type of qualification. The case is of substantive significance as it clarifies the parameters of use of the Education (Student Support) Regulations 2011 (the Regulations) for recovering overpayments of fee loans. The judgment also clarifies the appropriate sanctions for failure to meet the requirements of course designation under DfE issued guidance entitled ‘Alternative Providers: Specific Course Designation. Guidance for Providers: Criteria and Conditions’ (the 2013 Guidance). The Secretary of State has lodged an appeal at the Court of Appeal.

The full article written by Imogen Proud, was first published by Lexis®PSL on 16 September 2021, and can be read here.

Imogen Proud – LexisPSL Public law – Updated – Dealing with a human rights challenge – checklist

Imogen Proud has produced an update of “Dealing with a human rights challenge – checklist” written by Eric Metcalfe.

This checklist provides a step by step guide to dealing with a challenge under the Human Rights Act 1998, including the defences of lawful interference with qualified rights and acting pursuant to legislation.

This was first published by LexisPSL Public law on 22nd July and can be read here.

George Peretz QC – Tax Journal – State aid and tax rulings: latest developments

In May, the EU General Court issued two further judgments in the run of cases on the application of EU state aid law to tax rulings by national authorities. The judgments confirm that, although the state aid rules can apply to rulings involving intra-group transfer payments, the Commission faces a high burden in showing that such rulings involve state aid. On the other hand, they also confirm that EU state aid rules potentially apply to any failure by the tax authorities to challenge complex tax avoidance schemes. Because EU state aid cases can still arise from the UK, UK tax advisers need to pay attention to these cases – and the principles they raise will also potentially carry over into the new UK subsidy regime.

Read the article.

Steven Gee QC – Chancery Bar Association – Lecture “Injunctions and Trusts”

  1. The title of “Injunctions and Trusts” is broad. My plan is (i) to start with some history, (ii) then look at how the injunction jurisdiction can usefully be described today, (iii) then look at Proprietary Claims Constructive trusts and tracing, and (iv) then look at the meaning and effect of the example freezing order and recent judgments which have misunderstood this. (v) Our time is limited and I hope that we shall have some time for questions at the end. I will start with some history.

To read the lecture please click here.

Steven Gee QC – Cyprus Mail – Breach of arbitration clause and equitable compensation; a recent UK precedent

This was an appeal to the Commercial Court on questions of law, arising in a London arbitration on cargo claims on bills of lading brought by the consignee and its insurers against the shipowners. The case concerned the counterclaim by the shipowners for costs incurred in Spain by the ship’s managers in successfully defending claims brought against them by cargo insurers in the Spanish court, for which they were not the responsible carrier. The counterclaim was brought by the shipowners for their managers’ own loss.

Please click here to read full article by Steven Gee QC, Christiana Pyrkotou and Aimilia Efstathiou.

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.