George Peretz QC and Ian Rogers QC have both been recommended for reappointment to the Welsh Government Panel of Queen’s Counsel.

George Peretz has been on the panel since 2017 and Ian Rogers since 2012. Candidates for the appointments had to satisfy a number of criteria, including experience of advocacy in the higher courts, experience in constitutional and administrative law, knowledge of the devolution settlement in Wales and of divergences between the law in England and in Wales, experience of working for or against the government or other public bodies and an appreciation of the particular characteristics of government litigation.

Both appointments will be for a period of five years starting on 1 March 2021, but subject to extension or disposal at the discretion of the Counsel General for Wales.

Every year, The Lawyer Hot 100 recognises a diverse mix of legal professionals who have been the standout lawyers in the UK over the previous twelve months. This year, Monckton Chambers has two members amongst the 18 “Hot 100” barristers listed – Paul Harris QC and Josh Holmes QC.

Paul Harris is described as follows:

Whether you’re someone who uses Mastercard or a fan of Manchester City, Paul Harris QC was your man to thank in 2020. From a legal perspective, it’s hard to look beyond the Monckton silk’s success in the Merricks affair, during which he set a game-changing precedent by leading his team to a Supreme Court victory in December. The case, which has now been given the green light to proceed, seeks to reclaim funds for people aged 16 or over who used Mastercard and were overcharged on transaction fees between 1992 and 2008, which could apply to 46.2 million adults in the UK.

However, as the Manchester City-loving barrister admits himself, you can’t get better than bagging a last-gasp win for your hometown club, even if it comes in the form of a judgment rather than a goal. It was back in July that the state-school lad from Manchester flew to Switzerland to represent the club in the Court of Arbitration for Sport, where it faced the prospect of a two-year ban from the Champions League.

In a comeback of epic proportions, Harris successfully appealed a previous decision and reduced the club’s fine by £20m in the process.
It is often City’s star players who receive the glory for dramatic wins; however, this time it was all Harris.

The Hot 100 also highlights Josh Holmes’s stellar year:

When it comes to the UK Bar, Josh Holmes QC is the King of Competition. Since taking silk in 2017, the Monckton man’s career has gone from strength to strength, building on his reputation as Ofcom’s go-to advocate to gain instructions on most of the biggest competition cases around.

Whether it be leading a star-studded team on the FX rigging litigation or preparing for the long-awaited Servier trial in July, Holmes admits his caseload does require finding extra hours in the day, which occasionally involves not sleeping. This commitment to the client cause and a need to live and breathe his cases has led to Holmes securing many lucrative wins in complex litigation.

An enjoyment of cut-and-thrust courtroom drama has also assisted Holmes in high-stakes matters, something which has only enhanced his reputation as competition’s smiling assassin.

The only way now is up for the EU expert, particularly as he ploughs on in a practice area that remains unfazed by the pandemic. There is no doubt he picked the right horse when becoming a barrister and he has since ridden it superbly.

Subscribers to The Lawyer can read the full article and details of the hundred here.

Sir Christopher Bellamy QC is one of 25 arbitrators, appointed by the Joint Committee for Brexit, to hear disputes arising from the withdrawal of the UK and Northern Ireland from the European Union.
The 25-strong panel is made up of five persons in the position of chairperson and twenty ordinary members, ten to each represent The EU and the United Kingdom.

The selection of panel members was made in accordance with Article 171(2) of the Withdrawal Agreement, which states that “the list is to only comprise persons whose independence is beyond doubt, who possess the qualifications required for appointment to the highest judicial office in their respective countries or who are jurisconsults of recognised competence, and who possess specialised knowledge or experience of Union law and public international law. The list is not to comprise persons who are members, officials or other servants of the Union institutions, of the government of a Member State, or of the government of the United Kingdom.”

One chairperson and four arbitrators, selected from those appointed, will serve as a panel to hear disputes.

For further information and to read the full list of the appointees, see here.

The Brexit transition period has now ended, and the UK has begun its new relationship with the EU pursuant to the Withdrawal Agreement, the Trade and Cooperation Agreement and the various associated agreements and declarations. This represents a seismic change to both international and domestic laws. Barristers at Monckton Chambers have been at the forefront of advising on and litigating matters connected with Brexit since the referendum in 2016. Recognised as pre-eminent specialists in EU law, public and administrative law, commercial law and public international law, members of Monckton Chambers are well placed to advise and represent clients in relation to all areas connected with the UK’s new relationship with Europe – EU Relations Law.

To that end, Barristers of Monckton Chambers have founded a new EU Relations Law blog – available at www.eurelationslaw.com – exploring all aspects of the UK’s new arrangements with the EU and their domestic implementation. A selection of blog posts and links to our relevant primary resources and videos from our recent seminar series in collaboration with the University of Cambridge can be found below in our Brexit and EU Relations Law Toolkit, to help you navigate the significant and legal changes applicable from January 2021:

Topic / Link	Description	Author
General resources
International Agreements	One-stop-shop for links to: the Withdrawal Agreements; the UK-EU Trade and Cooperation Agreement; Joint Committee Decisions; Unilateral Declarations; and interpretation documents/explainers	Monckton Chambers
Domestic Implementing Legislation	One-stop-shop for links to: domestic implementation legislation; key statutory instruments; and explanatory notes	Monckton Chambers
Cases relevant to EURL	One-stop-shop for links to cases concerning the UK’s withdrawal from the EU and its new, ongoing relationship	Monckton Chambers
What is EU Relations Law? (Video, explainer and blog)	Introduction to the new legal ecosystem of EU Relations Law Introduction of the implementation of EU Relations Law into UK law	Jack Williams George Peretz Q.C. Professor Alison Young Professor Kenneth Armstrong Alfred Artley
Retention Retained EU Law
Guide to Retained EU Law	A guide to Retained EU Law with diagrams	Jack Williams
Directives as retained EU law	Discussion of how and to what extent Directives are retained EU law	Jack Williams
Francovich damages after transition	Analysis of the ability to bring Francovich damages after 1 January 2021	Jack Williams
Challenging the validity of retained EU law	Analysis of the ability to challenge retained EU law on grounds of invalidity	Jack Williams
	Withdrawal Withdrawal Agreement/NI Protocol/relevant separation agreement law
Guide to Relevant Separation Agreement Law	A guide to Relevant Separation Agreement Law with diagrams	Jack Williams
The Northern Ireland Protocol (here and here)	Evaluation of the Ireland / Northern Ireland Protocol provisions	Brendan McGurk
Amendments to the Withdrawal Agreement: Decision 1 of the Joint Committee	Brief summary of the Joint Committee’s first decision making a number of technical corrections to the Withdrawal Agreement	Jack Williams
Citizen rights in the Withdrawal Agreement	Discussion of the rights granted to EU citizens in the UK-EU Withdrawal Agreement	Will Perry
Enforcing citizen rights in the Withdrawal Agreement	Analysis of how to enforce citizen rights in the UK after the transition period	Will Perry
Preliminary references after the transition period	Overview of the CJEU’s jurisdiction in relation to preliminary references after 1 January 2021	Alexandra Littlewood
Jurisdiction and service out after 1 January 2021: (mostly) back to the usual common law rules	Summary of the rules in relation to jurisdiction and service out after 31 December 2020 (incl. re consumer/employment contracts)	Kristina Lukacova
Joint Committee Statement on Ireland/NI Protocol – state aid	Discussion of the unilateral declarations made in the Joint Committee on the provisions of the Ireland / Northern Ireland protocol	George Peretz Q.C.
Social security provisions in the Withdrawal Agreement	Discussion of the social security provisions in the Withdrawal Agreement	Professor Tamara Hervey
Interpretation, Enforcement and Dispute resolution (Video and blog)	Introduction to the enforcement and dispute resolution procedures under the Withdrawal Agreement Introduction to WTO law dispute settlement procedures Interpreting and departing from retained EU case law Introduction to domestic enforcement and dispute resolution topics	Christopher Vajda Q.C. Professor Takis Tridimas Dr Lorand Bartels Dr Emily Hancox Jack Williams Will Perry
New relationship Trade and Cooperation Agreement
The EU (Future Relationship) Act 2020 and Implementation of the TCA into domestic law	A guide to the domestic implementation of the Trade and Cooperation Agreement with diagrams	Jack Williams
The TCA: New Law, Not EU Law	An exploration of the nature of the Trade and Cooperation Agreement, which is governed primarily by international law, rather than EU law.	Philip Moser Q.C.
Subsidy Control in the TCA	Discussion of the subsidy control provisions in the TCA and comparison with EU State aid law	George Peretz Q.C.
The UK’s new subsidy control regime – uncertainties	Exploration of the newly-published UK Government Guidance and the effect of section 29 of the EU (Future Relationship) Act 2020 as it applies to subsidy control.	George Peretz Q.C.
Public Procurement in the TCA	Discussion of the procurement provisions in the TCA	Michael Bowsher Q.C.
Level playing field negotiations (Video & blog)	Introduction to regulatory and level playing field obligations Introduction to state aid and subsidy control issues Introduction to procurement issues Summary of the CMA’s role post the transition period	Ian Forrester Anneli Howard George Peretz Q.C. Michael Bowsher Q.C. Dr Oke Odudu Harry Gillow
Arbitration Tribunal procedures, decisions & rulings under the TCA	A detailed assessment of the Arbitration Tribunal procedures in the UK-EU Trade and Cooperation Agreement.	Michael-James Clifton
UK trade relations (Video & blog)	Overview of the ratification and implementation procedures for the Trade and Cooperation Agreement Introduction to issues regarding the implementation of the Trade and Cooperation Agreement in domestic law Summary of Parliamentary scrutiny of trade agreements Introduction to trade between Ireland and Northern Ireland	Philip Moser Q.C. Professor Catherine Barnard Gerry Facenna Q.C. Alexander Horne Brendan McGurk Alfred Artley
Internal affairs Internal Market Act 2020
Intro to the UK Internal market (Video and blog)	The rationales behind the Internal Market Act Introduction to the market access commitments The impact of the Act on devolved powers in Scotland The impact of the Act on Northern Ireland	Valentina Sloane Q.C. Professor Jo Hunt Alan Bates Professor Kenneth Armstrong Professor Stephen Weatherill Will Perry
Goods in the Internal Market Act	Discussion of the Act’s provisions on goods and their similarity/differences with EU internal market rules	Dr Jan Zglinski
Exception Clauses regarding Goods in the Internal Market Act	Analysis of the exceptional clauses to the rules on free movement of goods	Peter Oliver

 

For assistance with any of your urgent or ongoing Brexit-related and EU Relations Law queries and needs, please get in touch with our clerking team. Our Barristers are also available for media enquiries and legal training. If you wish to receive our Barristers’ EU Relations Law blog posts directly to your inbox, then you can subscribe here.

The Lord Chancellor has appointed Sir Christopher Bellamy QC to chair an independent review of the Criminal Legal Aid system.

Launching in January 2021, the far-reaching review will look at the criminal legal aid market in its entirety, and will seek to ensure that it:

·       continues to provide high-quality legal advice and representation

·       is provided through a diverse set of practitioners

·       is appropriately funded

·       is responsive to defendant needs both now and, in the future,

·       contributes to the efficiency and effectiveness of the Criminal Justice System

·       is transparent

·       is resilient

·       is delivered in a way that provides value for money to the taxpayer.

Sir Christopher Bellamy is an arbitrator and mediator at Monckton Chambers and one of the UK’s foremost experts in competition law.

Read full Ministry of Justice press release here.

The Lawyer has selected Paul Harris QC, who led for the claimants in Walter Hugh Merricks CBE v Mastercard Inc in £14bn Mastercard consumer claim which is now set to proceed after an historic Supreme Court ruling (see website news 11 December), as its “Barrister of the Week”.

The Lawyer heralds 2020 as “the most successful 12 months” of the Monckton Silk’s career, because Paul Harris “not only triumphed for his beloved football team but also for 46.2 million adults.” The football team is Manchester City which Harris represented back in June, in the Court of Arbitration for Sport (CAS), taking on UEFA in a bid to appeal a two-year ban from the Champions League. CAS overturned the previous decision and reduced Manchester City’s fine from £30m to £10m.

Harris admits of the Mastercard case that “To be the guy that sets the field in that core area of practice, that is really satisfying,” with the dam now bursting on the logjam of CPO applications. The Lawyer confirms that he is currently also involved in three other collective proceedings-type cases and he has already since been asked to do another.

“Barrister of the Week” is selected by The Lawyer’s Litigation Tracker team. Subscribers can access the full article here.

Monckton Chambers is delighted to announce that Anneli Howard will take silk in 2021.

Anneli Howard is recognised by the legal directories in six different disciplines: Competition, EU law, Consumer law, Public Administrative law, Aviation and Telecommunications. In 2018 Anneli won The Legal 500 award for EU/Competition Junior of the Year and was one of the Lawyer’s “Hot 100” in 2016. As a Junior she was a member of the AG A panel for Public Administrative law and WTO/International Trade.

The members and staff of Chambers warmly congratulate Anneli on her appointment to Queen’s Counsel.

The new status for all 116 new QCs will be effective from March 2021.

The full list of QC appointments, announced on the17 December, can be viewed on the QCA website.

Anneli’s appointment was mentioned in Global Competition Review.

At the last meeting of the Bar Council this year, held virtually on 14th December 2020, Philip Moser QC of Monckton Chambers was elected as Co-Chair of the Bar Council EU Law Committee and Anneli Howard of Monckton Chambers was elected as Vice-Chair, both from 1st January 2021.

The EU Law Committee monitors and addresses legal issues emanating from the European Union including policy and legislative proposals from the EU institutions, and its remit will now include the Withdrawal Agreement, future UK-EU relations law and the (still awaited) outcome of the trade deal negotiations, in what promises to be an eventful and busy year for the profession, its regulator and its clients.