Monckton webinar series: “The UK legal regime after Brexit – what every lawyer needs to know”

The end of the transition period has brought with it seismic changes to the legal landscape. Please see below details and sign-up links for our new EU Relations webinar series discussing these changes entitled: “The UK legal regime after Brexit – what every lawyer needs to know”.

The webinars, hosted on zoom, will run on each of the next five Thursday lunchtimes. We look forward to welcoming you at some, or all, of the below events. Please also check out our new EU Relations Law blog, covering all aspects of the Withdrawal Agreement, the Trade and Cooperation Agreement (plus accompanying agreements and declarations), and the UK internal market.

The webinars are being held on the following dates:

 

Webinar 1 – 21 Jan, 1pm – 2pm:  Post-Brexit litigation in UK courts – 10 things every litigator needs to know

The panel will discuss (inter alia): Retained EU Law; departing from EU case-law; validity challenges; damages and effective remedies; challenging Brexit regulations; the implementation of the Withdrawal Agreements and TCA into domestic law; and litigating the TCA in UK courts.

Chair: Anneli Howard

Tom Sebastian
Jack Williams
Morag Ross QC (Scotland) (Axiom Advocates, Edinburgh)

The recording is available here

 

Webinar 2 – 28 Jan, 1pm – 2pm: Subsidy control law – navigating the new ‘post-state aid’ regime

The panel will discuss (inter alia): the subsidy control provisions in the TCA; the implementation of those provisions into domestic law; the provisions of the Ireland/Northern Ireland Protocol; and the relationship with EU State Aid law.

Chair: Professor Panos Koutrakos

George Peretz QC
Anneli Howard
Ben Rayment
Alan Bates

The recording is available here

 

Webinar 3 – 4 Feb, 1pm – 2pm: Competition law

The panel will discuss (inter alia): changes to Retained EU law in relevant Competition Law SIs; how and when the CAT may depart from retained EU law; private damages claims after Brexit; Reliance on Commission decisions; and UK-EU regulatory cooperation in light of the provisions in the Withdrawal Agreement and the TCA.

Chair: Daniel Beard QC

Josh Holmes QC
Robert Palmer QC
Laura Elizabeth John
James Bourke

The recording is available here

 

Webinar 4 – 18 Feb, 1pm – 2pm: UK internal market law

The panel will discuss (inter alia) the Internal Market Act 2020, the meaning and application of the market access commitments, the Act’s impact on devolution, and potential litigation arising from the Act.

Chair: Ian Rogers QC

George Peretz QC
Anneli Howard
Alan Bates
Tom Sebastian

The recording is available here

 

Webinar 5 – 25 Feb, 1pm – 2pm: VAT and custom law

The panel will discuss (inter alia): the implications of Brexit for the UK’s system of VAT; the repercussions of being outside the EU customs union; and the particular issues thrown up by the special circumstances of Northern Ireland.

Chair: George Peretz QC

Ian Rogers QC
Valentina Sloane QC
Frank Mitchell SC (Ireland)
Andrew Macnab

The recording is available here

 

Webinar 6 – 19 Mar, 12pm – 1pm: Procurement law

The Panel will discuss (inter alia): changes to Retained EU law in relevant Procurement Law SIs; The provisions and Impact of the TCA; the domestic implementation of the TCA; and the Green Paper on domestic changes to Procurement Law post Brexit.

Chair: Michael Bowsher QC

Ewan West
Azeem Suterwalla
Ligia Osepciu
Khatija Hafesji

The recording is available here

George Peretz QC and Ian Rogers QC reappointed to the Welsh Government Panel of Counsel

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.

Sixteen individual members of Monckton Chambers appointed across four of The Lawyer Top Twenty cases for 2021

The Lawyer magazine has published its “Top 20 cases of 2021” highlighting that while constitutional law claims sparked by Brexit have dissipated in the last 18 months, the UK Government and its busy legal team continue to play a major role in 2021’s biggest cases. The Lawyer confirms that 2021 is set to be a busy year in the competition world too, with the Competition Appeal Tribunal playing host to one of the industry’s most anticipated cases.

Five QCs and eleven Juniors at Monckton Chambers were instructed, some in multiple cases, across four of the twenty cases highlighted by The Lawyer for 2021:

  1. Merricks v Mastercard
    Competition Appeal Tribunal, 5 February
    “Four years since the case first emerged, with oodles of legal fees spent and judgments from three separate courts, Merricks v Mastercard needs no lengthy explanation. With £14bn worth of damages on the line and the potential to impact 46.2 million adults, this monumental dispute is now heading back to the Competition Appeal Tribunal.”
    For the claimant, Walter Merricks:
    Paul Harris QC, instructed by Quinn Emanuel Urquhart & Sullivan competition partners Boris Bronfentrinker and Nicola Chesaites.
  2. Good Law Project v Secretary of State for Health and Social Care
    High Court, Queen’s Bench Division, 17 May, six days
    “The UK Government will soon be attempting to fend off a judicial review concerning its £15bn procurement scheme for personal protective equipment (PPE), in what is one of the most notable cases to emerge from the pandemic. The Secretary of State for Health and Social Care is going up against the Good Law Project and campaign group EveryDoctor in the case, with three separate claims to be heard collectively in February.”
    For the claimants, The Good Law Project and EveryDoctorBrendan McGurk, instructed by Rook Irwin Sweeney partner Alex Rook.
    For the defendant, The Secretary of State for Health and Social CareMichael Bowsher QC, Ewan West, Imogen Proud, Khatija Hafesji and Alfred Artley, instructed by the Government Legal Department.
    For the third-party intervener, PestfixAlan Bates, instructed by Osborne Clarke partner Catherine Wolfenden and associate director Craig McCarthy.
    For the third-party intervener, AyandaAlan Bates, instructed by Lewis Silkin senior associate John Shea.
  3. R (Heathrow Airport) v Her Majesty’s Treasury and HMRC
    Administrative Court, High Court, 22 February, two days
    “The airline and retail industries have both borne the brunt of economic challenges posed by Covid-19, so the UK Government’s decision to scrap duty free rules for non-EU passengers did not go down so well. The VAT Retail Export Scheme – which had allowed shops in airports to sell goods without charging VAT – was withdrawn at the start of this year after an extensive consultation on measures in 2020. In response, Heathrow Airport has teamed up with Global Blue and World Duty Free for a judicial review challenge on the decision. They appear in a rolled-up hearing in February covering permission and substance on a number of grounds.”
    For the claimants, Heathrow, Global Blue and World Duty FreeDaniel Beard QC, Brendan McGurk and Jack Williams, instructed by Freshfields Bruckhaus Deringer partners William Robinson and Deba Das.
  4. The Secretary of State for Health and the NHS Business Services Authority v Servier Laboratories, Servier Research and Development Limited, Les Laboratories Servier SAS and Servier SAS
    High Court, Chancery Division,14 July, four weeks
    “The “ever-greening” of drug patents has caused much ire in recent years as big pharma companies seek to maintain margins. The latest litigation of this ilk comes against French-headquartered Servier, against which the Secretary of State for Health and the NHS allege a breach of EU and UK competition law after it supposedly paid to delay the patent expiry of its blood pressure-lowering ‘blockbuster’ drug, Perindopril.”
    For the first claimants, The Secretary of State for Health and the NHS Business Services AuthorityJon Turner QC and Philip Woolfe, instructed by Peters & Peters partners Jonathan Tickner and Jason Woodland, and of counsel Emma Ruane.
    For the second claimants, the Scottish and Northern Irish MinistersDaniel Beard QC, Julian Gregory, Imogen Proud and Alexandra Littlewood , instructed by RPC partner Catherine Percy.
    For the third claimant, the Welsh MinistersJosh Holmes QC and Laura Elizabeth John, instructed by Geldards partner Paul Hopkins

Subscribers to The Lawyer can read the full article here.

The Lawyer Hot 100 2021 – Paul Harris QC and Josh Holmes QC recognised

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 appointed to Withdrawal Agreement arbitration panel

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.

Gee on Injunctions – 7th Edition now available

Sweet & Maxwell has published Commercial Injunctions, authored by Steven Gee QC.

Now in its 7th edition, Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 7th Edition maintains and extends the quality of previous editions which has given the book its deserved reputation. It has been updated in the light of extensive new case law and legislative developments, including to the Civil Procedure Rules. This new edition includes an appendix providing a unique comparative look at practice and procedure of injunctions under US and French law. Steven is grateful to Lord Collins of Mapesbury for providing the foreword.

Assisting Steven with this latest edition were Monckton’s Kristina Lukacova and Alfred Artley.

For further details, click here for the publishers’ website

Monckton’s Brexit & EU Relations Law Toolkit

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.

Sir Christopher Bellamy QC to chair independent review into criminal legal aid

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.

Paul Harris QC is The Lawyer’s Barrister of the Week

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.

Anneli Howard – New Silk appointment

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.