Melanie Hall QC, Brendan McGurk and David Gregory secure Court of Appeal victory against the landfill sector in a landmark test case

In the last of a series of challenges brought by the UK’s landfill sector which has generated a decade of litigation in the Administrative Court, Tax Tribunals and the Court of Appeal, Monckton Chambers has secured a further victory on behalf of HMRC.

In a combined judgment handed down by Rose LJ, Nugee LJ and Newey LJ, the Court of Appeal unanimously overturned the decisions of the UT which had decided that substantial refunds of landfill tax were payable across the landfill sector. The Court of Appeal found that material known as “fluff”, even when shredded (as Biffa had done) did not give rise to any legally relevant use, as contended by the sector on the basis of the Court of Appeal’s judgment in Waste Recycling Group v HMRC [2008] EWCA Civ 849, [2009] STC. The FTT had been right to conclude that fluff was merely carefully emplaced waste on which landfill tax was therefore payable. Biffa’s decision to shred that waste made no difference.

Link to judgment here.

Melanie Hall QC, Brendan McGurk and David Gregory represented HMRC.

Public Law Webinar mini-series

The Public Law Practice Group at Monckton Chambers is delighted to be offering its first public law webinar mini-series. Join our specialist practitioners for three 45-minute sessions covering issues of topical interest in administrative law. We encourage all those with an interest in public law to join us: solicitors, barristers, academics, students, in-house legal teams and charities. Each webinar takes the form of a panel discussion chaired by one of Monckton’s leading public law silks.

Webinar 1 – 28 April, 1pm:  An update on discrimination law – where are we now?

A good understanding of discrimination law is an essential part of many public law practitioners’ toolkits. The panel will review the most important recent cases and their implications, as well as providing practical advice.

Chair: Tim Ward QC

Azeem Suterwalla
Ciar McAndrew
Michael Armitage

The recording is available here

 

Webinar 2 – 5 May, 1pm: Procedure in the Admin Court – tips and tricks

In this webinar, four of Monckton’s regular Administrative Court users will share and discuss some of their ‘tricks of the trade’, to help attendees to increase the likelihood of bringing successful judicial reviews or, conversely, to strengthen their defence to challenges.

Chair: Tim Ward QC

Azeem Suterwalla
Imogen Proud
Will Perry

The recording is available here

 

Webinar 3 – 12 May, 1pm: Developments in public law arising out of Covid 19

This webinar considers the impact of one of the most important events  in recent UK history, the Covid-19 pandemic, upon administrative law. The panel will review the most important Covid-related case law and will discuss the lasting effect which these cases, and the pandemic itself, may have on both the substance of public law challenges and procedure in the Administrative Court and beyond.

Chair: Robert Palmer QC

Ian Rogers QC
Anneli Howard QC
Khatija Hafesji

Click here to register for this webinar

 

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).

Who’s Who Legal UK Bar 2021 – Monckton Chambers is one of seven sets highlighted for their impressive roster of market leading practitioners

In the latest edition of WWL:UK Bar, the researchers have identified Monckton Chambers as one of seven sets, with the most individual listings. “Monckton Chambers is a market-leading set which demonstrates the strength and depth of its offering with an impressive 57 listings across 10 different practice area chapters this year.” 33 individual members are recognised across 10 practices.

This is what the analysis highlights about Monckton Chambers:

Competition is a key area in which the set excels, with an impressive total of 23 listings for its silks and juniors. These practitioners are recognised for their outstanding expertise across contentious M&A and state aid matters as well as complex cartel investigations.

The set distinguishes itself with a further 10 listings in our telecoms chapter, cementing its place as a go-to establishment for sector-related licensing, contractual and broadcasting disputes.
Government contracts is another area in which the set is highly esteemed, with 12 barristers noted in our corresponding chapter for their excellence in domestic and cross-border public procurement disputes.

Standout figures at the set include George Peretz QC, who is highlighted as a Global Elite Thought Leader for his encyclopaedic knowledge of competition and state aid law. Jon Turner QC and Anneli Howard QC are also highly regarded for their expertise in competition disputes, while Daniel Beard QC enjoys a strong reputation for his work on complex cases arising from the telecoms sector.”

The editorial also includes the following comments on individual members under the practice area analyses:

UK Bar 2021 – Arbitration
Steven Gee QC with Monckton Chambers is celebrated as “a brilliant strategist and advocate with very deep knowledge of law and industry”. One peer adds, “His knowledge of injunctions and pre-emptive remedies is second to none.”
Thomas Sebastian is recognised as a “star practitioner” who shines in domestic and international arbitration.

UK Bar 2021 – Competition
George Peretz QC is a “market-leading silk for state aid matters” according to impressed sources.
Daniel Beard QC is a “formidable adversary” and “effective litigator” who takes an “impressive strategic approach” to complex international competition disputes.
The “superb” Jon Turner QC is highlighted for his “unrivalled expertise”, with one peer adding, “The courts love him for his clear and robust submissions.”
Josh Holmes QC is regarded as an “excellent silk” with a highly sought-after competition practice.
Anneli Howard QC has amassed a stellar reputation for her “excellent work” and “pragmatic approach” in complex competition cases.
Paul Harris QC is a leading silk who excels in damages claims and abuse of dominance trials.
Mark Brealey QC is highly acclaimed for his strong advocacy in damages actions and pricing disputes.
Kassie Smith QC is recognised for her significant experience and expertise in high-profile damages cases and CAT appeals.
Alan Bates is recognised for his expansive knowledge of European competition law.
Anneliese Blackwood garners plaudits as a go-to competition specialist with deep expertise in damages claims and cartel investigations.
The “absolutely terrific” Ligia Osepciu applies a “practical approach” and “powerful but accessible intellect” to complicated competition cases.
Julianne Kerr Morrison is an “extremely impressive” junior who is “incisive and careful” and a “real star in the making” according to impressed peers.
Philip Woolfe is an “experienced and hard-working junior”, lauded for his “excellent work ethic” and expert handling of complex damages claims and telecoms disputes.
Tim Ward QC, Meredith Pickford QC, Robert Palmer QC, Ronit Kreisberger QC, Rob Williams QC, Alistair Lindsay, Ben Rayment, Laura Elizabeth John, Alison Berridge and Stefan Kuppen are also recognised.

UK Bar 2021 – Government Contracts
Michael Bowsher QC is considered the “Grandfather of procurement law” by peers who laud his “strategic view of complex matters” as well as his “deep knowledge of the field”.
The “excellent” Philip Moser QC is distinguished by his “lovely, smooth advocacy style” and is highly sought after for his expansive knowledge of domestic and EU trade law.
Valentina Sloane QC is a “very strong advocate” who draws high praise for her expertise in transport-related procurement disputes.
Rob Williams QC is highly esteemed for his in-depth understanding of complex procurement matters including damages claims and regulatory issues.
Fiona Banks is an “absolute star” who is “particularly good at getting up to speed very quickly in document-heavy cases” and applying “in-depth knowledge of complicated case law” to her “swift and accurate legal advice”.
Ewan West is lauded for his profound knowledge of regulatory law and is highly sought after by claimants and defendants in high-profile procurement disputes.
Anneliese Blackwood is a “very intelligent and hardworking junior” who regularly provides an array of clients with top-tier advice regarding government contracts.
Alan Bates is revered for his deep expertise in EU and domestic procurement law as well as complex telecoms regulations and state aid issues.
Ligia Osepciu receives plaudits for her “excellent work rate and clarity of analysis” and is regularly engaged in complex PPP and PFI disputes.
Ben Rayment is highly commended for his profound understanding of utilities regulations and EU procurement law.

UK Bar 2021 – International Trade & Commodities
Peers say Thomas Sebastian from Monckton Chambers is “very experienced in WTO matters” and recently acted for Gazprom in a multi-billion-dollar arbitration.

UK Bar 2021 – Sports
Fiona Banks at Monckton Chambers is “a really fantastic sports specialist” who regularly represents national governing bodies, individual players, managers and clubs in disciplinary issues, arbitration proceedings and High Court matters.
Paul Harris QC is also ranked.

UK Bar 2021 – Telecoms
Daniel Beard QC is renowned for representing high-profile clients in complex telecoms appeals.
Josh Holmes QC is held in high esteem by sources thanks to his “incredibly personable advocacy style” and strong expertise in telecommunications regulation and related disputes.
Jon Turner QC is an accomplished silk with a well-developed practice, which sees him regularly representing big-name clients in telecoms disputes.
Meredith Pickford QC is a prominent name in the TMT space where he regularly represents high-profile clients in regulatory proceedings.
Tim Ward QC is recognised for his expansive knowledge of competition and public law, earning him a strong reputation as as a go-to barrister in the telecoms sector.
Anneli Howard QC is revered for her in-depth understanding of EU and public administrative law, with one peer adding, “Her reputation precedes her as an outstanding barrister in the telecoms field”.
Alan Bates from Monckton Chambers is an exceptional junior who “always does an excellent job” for clients in complex telecoms cases.
Stefan Kuppen garners widespread plaudits for his profound knowledge of competition and regulatory law issues facing clients in the telecoms sector.
Fiona Banks is a standout junior, widely acclaimed for her first-rate work acting for telecoms companies and regulators in complex disputes.
Ligia Osepciu is also recognised for the practice.
Members are also recognised in the following categories but without editorial comment:
UK Bar 2021 – Energy & Natural ResourcesKassie Smith QC
UK Bar 2021 – Corporate TaxMelanie Hall QC and Valentina Sloane QC
UK Bar 2021 – EnvironmentJon Turner QC, Gerry Facenna QC, Alan Bates
UK Bar 2021 – Media & EntertainmentJon Turner QC

Who’s Who Legal is published by Law Business Research, an independent London-based publishing group, which provides research, analysis and reports on the international legal services marketplace.

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.

Monckton Chambers sponsors the Ian Hutton Memorial Moot at Nottingham Law School

Congratulations to Daniel Witt for taking the prize for best overall mooter at the annual Ian Hutton Memorial Moot held on 23 March 2021. Owen Sparkes and Sophie Clay represented the appellant, and Lea As and Daniel Witt represented the respondent in the online moot, using a criminal law problem which required competitors to grapple with abuse of process and the law of attempts. The audience was made up of NLS students and friends and Monckton’s Andrew Macnab and Tom Sebastian acted as judges.

For further information on the moot please click here.

Ian Rogers QC speaks on “Opportunities and Challenges after Brexit” at the Annual Workshop organised by the Italian Ambassador and Belluzzo International Partners

On 24 March 2021, Ian Rogers QC addressed around 125 members of the Italian business community on the new legal framework of EU Relations Law. The workshop was designed to share the experiences of Italian businesses in the UK in dealing with Brexit and Covid 19. Among the other speakers were the Chief Secretary to the Treasury, the Rt Hon Steve Barclay MP, and Managing Directors of some of Italy’s leading companies, including Max Mara and Riso Gallo.

Ian has represented numerous Italian businesses, including some of the largest family-owned companies, in commercial disputes and private client work (both in London and offshore) over many years, acting together with his established network of law firms and avvocati in London, Milan and Genoa.

International Women’s Day 2021 podcast

To mark IWD2021, Valentina Sloane QC has been interviewed in a special episode of RPC’s Taxing Matters podcast featuring “five empowering women who have all strived to encourage diversity and inclusion in the workplace”. She talks about her path to her career in tax and her experience as a woman working in the field of tax.

The episode is available here.

Lady Justice Rose appointed to the Supreme Court

Monckton Chambers congratulates former Member of Chambers, Lady Justice Rose, on her appointment to the Supreme Court.

Dame Vivien Rose was called to the Bar by Gray’s Inn in 1984 and was in practice at Monckton Chambers for ten years.

She became a Chairman of the Competition Appeal Tribunal in 2006, a High Court Judge in 2013, President of the Upper Tribunal (Tax and Chancery Chamber) between 2015 and 2018 and was appointed to the Court of Appeal in January 2019.

Members and staff offer our warmest congratulations to Lady Justice Rose who will join the Supreme Court as a Justice on 13 April.

Thirteen Monckton members instructed in four of The Lawyer’s Top 15 appeals of 2021

The Lawyer has highlighted 15 disputes set to be heard in both the Court of Appeal and Supreme Court in 2021. Thirteen members of Monckton Chambers are instructed in the following four highlighted cases.

Phones 4U v Orange, Telefonica and Deutsche Telekom
For the defendant, EE:
Meredith Pickford QC and David Gregory, instructed by Clifford Chance partners Samantha Ward and Jeremy Kosky.
For the defendant, Vodafone Limited and Vodafone Group Plc:
Rob Williams QC instructed by Hogan Lovells partner John Tillman

Royal Mail v Ofcom
For the appellant, Royal Mail:
Daniel Beard QC and Ciar McAndrew, instructed by Ashurst partner Nigel Parr.
For the respondent, Ofcom:
Josh Holmes QC, alongside Julianne Kerr Morrison and Nikolaus Grubeck, instructed by Ofcom’s in-house legal team.
For third-party, Whistl:
Monckton’s Jon Turner QC is leading Alan Bates and Daisy Mackersie, instructed by Tower House partner Rosaleen Hubbard.

Gregor Fisken v Bernard Carl
For the respondent, Gregor Fisken LTD:
William Hooper instructed by Rosenblatt partner Simon Walton.

Lloyd v Google
For the ICO as the intervening party:
Gerry Facenna QC and Nikolaus Grubeck instructed by the ICO.

Subscribers can read the full article here.