Nicholas Khan KC on Global Competition Review (GCR)

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Nicholas Khan KC has left the European Commission after two decades to join Monckton Chambers.

Khan joined the set today, after reaching the commission’s mandatory retirement age in September. He said Monckton Chambers is very good for the lawyer like himself who has been immersed in EU law for many years.

To read full article please click here.

Azeem Suterwalla and Will Perry co-author public law and procurement law chapter of the Second Edition of the ‘Law of Artificial Intelligence’

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Azeem Suterwalla and Will Perry have co-authored the public law and procurement law chapter of the Second Edition of the ‘Law of Artificial Intelligence’, which is published by Sweet & Maxwell. The chapter considers the increasing use by public authorities of AI, including commercial reasons to innovate with emerging technologies. The chapter covers the current relevant legal and regulatory framework and guidance for public authorities in England and Wales. It also identifies recent proposals for changes to that framework. It is hoped that this chapter will be relevant and informative to public authorities and those delivering public functions using AI, and also to private organisations seeking to supply to the public sector. The chapter will also be useful to parties who wish to carefully scrutinise the decisions of public authorities, including in the context of judicial review and public procurement proceedings.

Professor Carl Baudenbacher has testified before the Committee for Economic Affairs and Taxes of the National Council (the Grand Chamber) of the Swiss Parliament

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Professor Carl Baudenbacher has on 12 February 2024 testified before the Committee for Economic Affairs and Taxes of the National Council (the Grand Chamber) of the Swiss Parliament on whether Switzerland should in future accept the dispute settlement model of the Association Agreements of the EU with the former Soviet republics of Georgia, Moldova, Ukraine and Armenia. This model, which is based on a pro forma arbitration tribunal that must request a binding judgment from the ECJ if EU law is “implied”, was also discussed in the UK during the Brexit years. It is part of the Withdrawal Agreement, but was ultimately rejected for the TCA. However, the UK has left the single market, while the Swiss government wants to keep its country in the single market.

Carl Baudenbacher’s written paper can be found here.

Holger Hestermeyer – The Times podcast “Stories of our Times” – South Africa’s genocide case against Israel

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Three months into the war in Gaza, the conflict has reached a courtroom: the International Court of Justice in the Hague. South Africa says we are witnessing a genocide take place in real time. Israel has called the claims ‘preposterous’. A leading expert in international law Holger Hestermeyer walks us through the case and its possible consequences.

To listen full podcast please click here.

Jonathan Lewis – Lexis®PSL – Duty of Candour—What’s In A Name? (R (IAB) v SSHD)

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Public Law analysis: The claimants challenged a decision by the Secretary of State for Levelling Up, Housing and Communities to make the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 (the ‘2023 Regulations’). The defendants served three tranches of disclosure, containing redacted documents. In an interim judgment, Mr Justice Swift held that in judicial review proceedings, absent good reason to the contrary, redaction on grounds of relevance alone ought to be confined to clear situations where the information redacted does not concern the decision under challenge (at para [22]). He held that it was not permissible for the Secretaries of State, as a matter of routine, to redact the names of civil servants outside the Senior Civil Service from documents disclosed in proceedings. Written by Jonathan Lewis, barrister at Monckton Chambers.

To read full article please click here (subscription required).

This article was first published by LexisNexis on 19 December 2023.

Just published – Research Handbook on International Insurance Law and Regulation 2nd ed. Brendan McGurk contributes on data and privacy

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This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.

Brendan McGurk has contributed chapter 21 entitled “Data: the growth of risk-related data in insurance and protecting privacy” which is a comparative analysis of privacy law in the EU, UK, US and Australia which considers the relative protection those laws provide to consumer insureds relative to how insurers might use big data and machine learning algorithms to obtain risk and non-risk related data used in underwriting decisions.

The book can be purchased here.