In its report published today on the Government’s proposed legislation setting up a Trade Remedies Authority (TRA) the House of Commons Select Committee has backed a number of recommendations made by George Peretz QC (who gave written and oral evidence to the Committee’s inquiry).

The TRA will, along with the Secretary of State for International Trade, administer after Brexit trade defence measures (anti-dumping duty, countervailing measures, and safeguard measures) permitted under WTO rules.

Among other matters, the Committee agreed with George that: –

• the International Trade Select Committee should have a formal role in appointments as chair and chief executive of the TRA;
• the TRA should not apply an “economic interest” test but that a decision to refuse trade defence measures on grounds of economic interest, as a political decision, should be reserved to the Secretary of State
• the Bill should provide on its face that that there was a right of appeal to the Upper Tribunal against decisions to impose and to refuse trade defence remedies, and that such appeals should be “on the merits” rather than just by way of judicial review.

George’s detailed article on the Government’s proposals is here.

Jon Turner QC, Counsel to British Airways and Daniel Beard QC and Thomas Sebastian, barristers to Part 20 claimant airlines, were recognised for their work on the UK Air Cargo Follow-on litigation which won the ‘Litigation of the year – Cartel defence’ award at the recent GCR Awards.

 

Professor Carl Baudenbacher is the author of the “Comment” in today’s legal affairs bulletin, The Brief. Published by The Times and produced by Jonathan Ames and legal affairs editor Frances Gibb, The Brief compiles the most important and influential news in the legal industry on a daily basis. Professor Baudenbacher’s “Comment” explores how, if the UK should join forces with the four other EU outsiders to shape its relations with the EU, it could be the leader of an economically successful group of countries. Read the relevant edition of The Brief here.

The Judicial Services Department of the Football Association (FA) has selected Tim Ward QC as a member of the FA Judicial Panel as a Specialist Panel Member, with immediate effect. As such, Tim Ward will be eligible to chair Regulatory Commissions and Appeal Boards for personal hearings. This is the FA’s senior panel which hears the full range of cases in connection with disciplinary and other regulatory matters of football played in England, including on-the-field misconduct, doping, safeguarding, agent activity, and anti-discrimination.

This is not Tim Ward’s first sports panel appointment. In 2013, Tim was appointed to the Rugby Football Union panel, on which he continues to sit as an adjudicator hearing appeals concerning competition issues.

The members of Monckton Chambers welcome Professor Carl Baudenbacher, who joins Chambers as a door tenant on 1 May 2018.

Professor Baudenbacher has enjoyed a distinguished career as a judge, university professor, arbitrator, author of legal and political publications, consultant, political advisor and speaker, in recent years with a particular emphasis on Brexit.

A Swiss national, Professor Baudenbacher was the Liechtenstein Judge of the EFTA Court from 1995 and served as the Court’s President from 15 January 2003 to 31 December 2017. He is a renowned expert in the fields of commercial and economic law, in particular competition law, as well as in the law of international courts. He is also the Director of the Competence Center for European and International Law at the University of St Gallen HSG and founder and Chairman of the renowned St Gallen International Competition Law Forum (ICF).

Between 1993 and 2005 he taught European and International Law as a Permanent Visiting Professor at the University of Texas School of Law. From 1994 to 1995 he served as a member of the Supreme Court of the Principality of Liechtenstein. In 2007 he was a member of the Independent Commission of Inquiry for the Investigation of the Events Surrounding the Hypo Group Alpe‐Adria established by the Government of the Republic of Austria (“Griss Commission”).

An experienced legal expert and arbitrator, he has advised the Swiss Parliament and the Swiss Government as well as the Governments of the Principality of Liechtenstein, the Russian Federation, Israel and the Canton of St.Gallen as well as private clients. His research activities encompass Swiss, European and International business and economic law. Special emphasis lies on the law of EU/EEA fundamental freedoms, unfair competition law, antitrust law, IP law, contract law, company law, labor law, comparative law, law of the globalization and dispute resolution.

Professor Baudenbacher resigned from the EFTA Court bench on 09 April 2018 and has selected Monckton Chambers as the ideal set from which to develop a UK practice. He will focus on both the Continent and United Kingdom across the full spectrum of EEA/EU law, Swiss economic law and certain aspects of German economic law and will involve consulting, litigation strategy, arbitration and speaking engagements.

Philip Moser QC, joint Head of Monckton Chambers, spoke for all the members in saying: “We are delighted that Professor Baudenbacher, with his considerable experience and specialist expertise, has recognised the complementary strengths of Monckton Chambers and its members and has decided to join us in the UK. With Brexit and the position of flux within Europe, this appointment could not be more important nor more timely.”

See full profile for Professor Carl Baudenbacher.

Who’s Who Legal (WWL) has published its analysis of the UK Bar. 30 members of Monckton Chambers are recognised across eight practice areas. With 48 listings in total, Monckton Chambers is ranked joint fifth in the table “Leading sets in WWL: UK Bar 2018 by total listings”.

Monckton members are particularly strong in three chapters where they are included in the “Most Highly Regarded Tables”, as well as dominating the Junior section in terms of number of members recognised.

Competition

Silks

Daniel Beard QC and Josh Holmes QC are recognised as two of only five of the listed “Most Highly Regarded” Silks. Nine Monckton silks are recommended this year out of a total of 25.

Juniors

Ronit Kreisberger and Anneli Howard are identified as two of the five “Most Highly Regarded” Juniors across the whole of the UK Competition Bar.

Monckton Chambers also shows its Junior strength by demonstrating “a superb junior bar with nine listings, giving it the largest contingent of juniors in this year’s chapter”.

Others listed are: Tim Ward QC, Jon Turner QC, George Peretz QC, Kassie Smith QC, Meredith Pickford QC, Paul Harris QC, Mark Brealey QC, Ben Rayment, Ligia Osepciu, Robert Palmer, Alistair Lindsay, Alan Bates, Alison Berridge and Rob Williams.

Telecoms

Silks

Daniel Beard QC and Josh Holmes QC are again recognised as two of only five of the listed “Most Highly Regarded” Silks. In total five Monckton Silks are recognised for their work in the field.

Juniors

Robert Palmer is one of only two Juniors recognised as “Most Highly Regarded” and once again Monckton Chambers boasts the largest number of juniors in this chapter, with six names listed.

Others listed are: Tim Ward QC, Jon Turner QC, Meredith Pickford QC, Fiona Banks, Alan Bates, Anneli Howard, Stefan Kuppen and Ligia Osepciu.

Government Contracts

Silks

Michael Bowsher is one of the five “Most Highly Regarded” Silks as Monckton Chambers “stand out for their exceptional work in in the procurement law”.

Juniors

Ewan West and Valentina Sloane are two of only four “Most Highly Regarded” Juniors. With seven leading juniors in the procurement space who impress commentators with the depth of their expertise, Monckton Chambers again lead the way in terms of Juniors.

Others listed are: Philip Moser QC, Fiona Banks, Anneliese Blackwood, Ligia Osepciu, Ben Rayment, Valentina Sloane, Ewan West and Rob Williams.

Members are also recognised in the following categories:

Sport: Paul Harris QC, Fiona Banks

Environment: Jon Turner QC, Gerry Facenna QC, Alan Bates

Media & Entertainment: Jon Turner QC, Daniel Beard QC, Meredith Pickford QC

International Trade & Commodities: Tom Sebastian

Corporate Tax: Valentina Sloane

Rising Stars

For the first time, WWL has identified some of the standout members of the junior Bar as “rising stars” with the aim of highlighting the work of those barristers, aged 45 or under, and of 15 years’ call or less, who are operating at a level beyond their call. Monckton’s Ligia Osepciu who is listed in the Competition, Government Contracts and Telecoms chapters of WWL: UK Bar 2018 is one such “rising star” as she wins praise for her “extensive experience in the public procurement space” and is recommended as “a superb case strategist”. She is also identified as “really good” in the competition and telecoms arenas, where sources highlight her as “very quick and clear”.

This is the fourth edition of Who’s Who Legal and it features more than 100 sets; however, over 40 per cent of the listings are earned by practitioners from 12 standout sets, one being Monckton Chambers. This comprehensive guide to 28 distinct practice areas at the bar is published by Law Business Research Ltd.

When it transpired in November 2017 that the Irish Department of Justice had failed to disclose certain emails involving the Minister for Justice to a Tribunal of Inquiry into an alleged police campaign against a whistleblower within the police, the minority Irish government almost fell, saved only by the reluctant resignation of the Minister for Justice and Deputy Prime Minister, Ms. Frances Fitzgerald. The Prime Minister, Leo Varadkar, appointed Michael Collins SC to conduct an inquiry into how and why the Department had failed to disclose the crucial emails, the absence of which led the Prime Minister to unwittingly mislead Parliament on two occasions as to the knowledge of the Minister in relation to an alleged police strategy against the whistleblower. Mr. Collins delivered his report on 9th March 2018 and the Government published it on 27th March 2018. Mr. Collins concluded that in response to a request for assistance from the Tribunal, the Department disclosed relevant documents from the Policing Division of the Department but failed to conduct searches of its own internal emails (which search would have unearthed the controversial emails). No meaningful explanation was offered for this failure beyond a perception within the Department that the Tribunal’s terms of reference were primarily focused on the police force rather than the Department. However, Mr. Collins also concluded that there was no deliberate concealment and that the Department and the Minister at all times acted in good faith.

 Mr. Collins’ report is the subject of an editorial in the Irish Times 29th March 2018.