”Procurement law practitioners will no doubt have diverse views as to what the United Kingdom should decide on 23 June 2016. Some may even be concerned that their views are confused by self-interest in maintaining a lively procurement law jurisdiction. I suggest that we need have no such concern. Procurement law will not disappear upon Brexit, but might just get more interesting.”
To read the full article by Michael Bowsher QC, published by Practical Law’s Public Sector Blog, please click here.
”Competition analysis: Anneli Howard of Monckton Chambers looks at the issues raised following the transfer of the Sainsbury’s v MasterCard case from the High Court to the new Competition Appeal Tribunal (CAT) by order of Mr Justice Barling on 1 December 2015.
Original news
CAT appeal: Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others—Order of the High Court (pursuant to section 6 Enterprise Act 2002), LNB News 04/12/2015 120
By an order dated 1 December 2015, the High Court ordered that, in Case 1241/7/15 (T) Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and Others, the parts of the proceedings relating to a claim to which the section 47A of the Competition Act 1998 applies, and those parts of the proceedings relating to an infringement issue under section 16(6) of the Enterprise Act 2002 (EnA 2002) are transferred to the CAT pursuant to EnA 2002, s 16(4).”
This article was first published on Lexis®PSL Online first. Click for a free trial of Lexis®PSL.
To read full article please click here.
Following the recent success of the all-Monckton counsel team in the Google v Streetmap case, another Monckton barrister, Michael Armitage, has published an article on the case (views are the author’s own).
This article was first published on Lexis®PSL Online first. Click for a free trial of Lexis®PSL.
To read full article please click here.
This article was first published on Lexis®PSL Tax on 22 February 2016. Click for a free trial of Lexis®PSL.
“Tax analysis: Frank Mitchell, barrister at Monckton Chambers, explains the recent case involving Norseman Gold Plc which dealt with the practical application of the right to input tax deduction in respect of management activities being carried out by holding companies.
Original news
Norseman Gold plc v Revenue and Customs Commissioners [2016] UKUT 69 (TCC), [2016] All ER (D) 94 (Feb)
The Upper Tribunal (Tax and Chancery Chamber) (UT) dismissed the appeal by the taxpayer company against a decision of the First-tier Tribunal (Tax Chamber) (FTT) dismissing the taxpayer’s claim for recovery of input tax on the basis that the supplies it had made to its subsidiaries had not been supplied for a consideration and were therefore not taxable supplies within the meaning of section 5 of the Value Added Tax Act 1994 and article 2(1) of Directive 2006/112/EC.”
To read full article please click here.
”The UK will hold a referendum on its EU membership in 2017. In-house counsel need to plan now for both outcomes as a matter of urgent risk management, argues Lucy Trevelyan.”
Please click here to read the article.
In the first suspension application to be heard by the High Court under regulation 96(1) of the Public Contracts Regulations 2015, the court refused an application to lift an automatic suspension on a local authority. Counted4 challenge Sunderland City Council’s award of a contract for the provision of substance misuse treatment and harm reduction services to another tenderer.
Fiona Banks successfully represented Counted4 in resisting the application to lift the suspension.
To read the Case Law article on Lawtel please click here.
Public Law analysis: Following the recent terrorist attacks in Paris, which President Hollande described as ‘an act of war’, the President invoked Article 42(7) of the Treaty of the European Union (TEU)–dubbed the EU’s ‘mutual defence clause’–to request bilateral aid and assistance from other EU Member States. At a European Council meeting on 16 and 17 November 2015, European ministers expressed their unanimous and full support to France. Dr Theodore Konstadinides, senior lecturer in law at the University of Surrey and a legal expert in EU Law, and Philip Moser QC of Monckton Chambers, explain the implications of the invocation of Art 42(7) TEU.
Please click here to read the article.
This article was first published on Lexis®PSL on 24 November 2015
This article in our Viewpoint series considers the recent decision of the CJEU in Mapfre which indicates that the Court is continuing to adopt a wide interpretation of VAT exemptions for insurance and financial services.
To read the full article on Bloomberg BNA magazine please click here.
Human Rights analysis: Discussing the Supreme Court’s ruling on the suspension of benefits for a severely disabled child in hospital, Steve Broach, a barrister at Monckton Chambers, points out that Mathieson is the latest in a line of recent Supreme Court judgments where international human rights conventions have played a significant role.
Please click here to read the article Supreme Court considers disability living allowance rules.
This article was first published on Lexis®PSL on 20 July 2015. Click for a free trial of Lexis®PSL.
To read the article published by Rights Info please click here.
The Appellant was represented by Ian Wise QC and Stephen Broach, instructed by Mitchell Woolf of Scott-Moncrieff and Associates.
