Philip Moser QC and Anneli Howard to chair Bar Council EU Committee

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.

Alan Bates appointed to Human Rights Act expert review

Monckton barrister Alan Bates has been appointed by the Lord Chancellor as a member of the independent expert review of the Human Rights Act (HRA).

The Review, which was announced today by the Lord Chancellor, will be chaired by former Lord Justice of Appeal Sir Peter Gross. Its task will be to review how the HRA is being interpreted and applied in the courts, and to make recommendations as to whether any legislative or other changes are needed. Its terms of reference do not call into question the United Kingdom’s continuing to be a party to the European Convention on Human Rights.

Alan brings to the Review his specialist knowledge of EU law. He has represented the United Kingdom – and also the European Commission – in cases in the EU Courts. Prior to coming to the Bar, he worked on an audit by the Law Commission of the compatibility of the English law of bail with the HRA.

Commenting on his appointment, Alan stated: “The UK’s future relationship with the EU interacts in multiple ways with the mechanisms for the protection of individuals’ ECHR rights. I am looking forward to working with Sir Peter Gross and the other members of the Review, which will be independent of Government and will approach all questions with open minds.”

The other members of the review are former Law Society President Simon Davis, Professor Maria Cahill, Lisa Giovannetti QC, Sir Stephen Laws QC, Professor Tom Mullen, and Baroness Nuala O’Loan.

For further information, see the Ministry of Justice press release here.

The second annual UK Competition Litigation Conference

8–10 December 2020

Please join Monckton Chambers, NERA Economic Consulting, and Augusta for a virtual conference investigating the most important developments in competition litigation in 2020.

The event will bring together distinguished panellists to discuss the year’s key case developments, lessons learned in case management, Brexit, dominance litigation, compensation and pass-on, and class certification battles at the CAT. Speakers include:

We also welcome experts from several leading law firms, including Ashurst; Bristows; Bryan Cave Leighton Paisner; Clifford Chance; CMS Cameron McKenna Nabarro Olswang; Freshfields Bruckhaus Deringer; Hausfeld; Herbert Smith Freehills; Quinn Emanuel Urquhart & Sullivan; Slaughter and May; Stewarts and Travers Smith.

The conference will take place from 8 to 10 December across a series of afternoon sessions. Click here to register.

Tuesday 8th December

 

14:00 – 15:00     Conference Opening and Keynote

We will warmly invite you to our Second Annual Competition Litigation conference. Together they will look back over the extraordinary year of 2020, how the regime has evolved in the five years since the Consumer Rights Act, and how the UK is positioned as a forum.

Chair:
Mark Brealey QC, Barrister, Monckton Chambers

Speaker:
The Honourable Mr Justice Roth, President Competition Appeal Tribunal

15:30 – 17:00     Reflections on Key Case Developments of 2020

An interrupted and challenging year has not prevented the UK competition litigation regime taking some big steps. Our Panel will discuss the key cases, procedural develops, and learnings from the Supreme Court.

Chair:
Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Edward Coulson, Partner, Bryan Cave Leighton Paisner LLP
Caroline Edwards, Partner, Travers Smith LLP
Paul Harris QC, Barrister, Monckton Chambers
Claire Jeffs, Partner, Co-Chair of the Competition Group Slaughter and May
Mark Sansom, Partner, Joint Head – Global Antitrust Litigation Group Freshfields Bruckhaus Deringer LLP
Grant Saggers, Director, NERA Economic Consulting

 

Wednesday 9th December

 

14:00 – 15:30     Lessons Learned in Strategic Case Management

Effective and proportionate processes are crucial to the improved performance of cases and the litigation regime as a whole. Simon Latham will Chair our Panel on how legal counsel manage funding, disclosure, expert evidence and settlement.

Chair:
Simon Latham, Investment Manager, Augusta Ventures

Speakers:
Lesley Hannah, Partner, Hausfeld LLP
Euan Burrows, Partner, Ashurst
Kassie Smith QC, Barrister, Monckton Chambers

Discussants:
Dr. Alexandre Carbonnel, Senior Consultant, NERA Economic Consulting
Daisy Mackersie, Barrister, Monckton Chambers

16:00 – 17:30     Dominance Litigation

The range of disputes involving foreclosure and FRAND continues to grow, with 2020 also seeing continued litigation in technology markets. Our Panel will focus on the developments in measuring damage, the As-Efficient Competitor Test, the issues in Standard Essential Patents, and the various forums (including the International Trade Commission).

Chair:
Josh Holmes QC, Barrister, Monckton Chambers

Speakers:
Dr. Jeffrey Eisenach, Managing Director, NERA Economic Consulting
Sophie Lawrance, Partner, Bristows

Discussants:
Adrien Cevera-Jackson, Associate Director, NERA Economic Consulting
Julianne Kerr Morrison, Barrister, Monckton Chambers

 

Thursday 10th December

 

14:00 – 15:30      A Class, Apart—Class Certification Battles

2021 will see class representatives battle for certification. The Panel will discuss the impacts of the Supreme Court on how compensatory Damage is determined and allocated. And what learnings there are from other jurisdictions on how economic evidence is used to challenge class composition.

Chair:
Philip Moser QC, Barrister, Joint Head of Monckton Chambers

Speakers:
Boris Bronfentrinker, Partner, Co-Head of the Competition Litigation Practice, Quinn Emanuel Urquhart & Sullivan, LLP
Kenny Henderson, Partner, CMS Cameron McKenna Nabaro Olswang LLP
Dr. Lawrence Wu, President, NERA Economic Consulting

Discussants:
Dr. Ai Deng, Associate Director, NERA Economic Consulting
Stefan Kuppen, Barrister, Monckton Chambers

16:00 – 17:30     A Primer on Passing-On

In 2020, the Supreme Court clarified the legal approach to passing-on, but new battlegrounds have emerged for claimant and defendants, direct and indirect purchases, and different class representatives on the expert evidence that will be needed to prove passing-on. The Panel will discuss the legal test and what it means for the evidence and experts needed at trial.

Chair:
Jon Turner QC, Barrister, Monckton Chambers

Speakers:
Kim Dietzel, Partner, Herbert Smith Freehills
Rob Murray, Partner, Mishcon de Reya
Dr. Nicola Tosini, Associate Director, NERA Economic Consulting

Discussants:
Alan Bates, Barrister, Monckton Chambers
Dr. Philipp Heller, Senior Consultant, NERA Economic Consulting

18:00 – 19:00     Conference Closing and Look Forward to 2021

Our Panel has the pleasure of talking to Christopher Vajda QC, the UK’s former judge at the Court of Justice of the European Union, about the UK’s regime and role in a post-Brexit world. Our Panel will close out the conference with reflections and learnings across the sessions in the conference.

Chair:
Dr. Lauren Stiroh, Managing Director, Chair of NERA’s Global Antitrust and Competition Practice, NERA Economic Consulting

Speakers:
Christopher Vajda QC, Former UK CJEU Judge, Barrister, Monckton Chambers
Anneli Howard, Barrister, Monckton Chambers
Elizabeth Morony, Partner, Clifford Chance LLP

Click here to register

Chambers Bar Awards 2020 – Monckton success with Mark Brealey QC, Competition Silk of the Year and Set wins for both Competition and Tax

At last night’s virtual awards ceremony, Monckton Chambers and its members won three awards. Mark Brealey QC won Silk of the Year for Competition and Monckton Chambers was also awarded Competition Set of the Year. In addition, for the first time in the history of the awards, Monckton Chambers also picked up the Set of the Year award for Tax.

Although not winners on the night, we were also delighted that Alan Bates was in the shortlist for Competition Junior of the Year and Andrew Macnab for Tax Junior of the Year.

The awards are based on research for the 2021 edition of Chambers UK Bar reflect a set’s pre-eminence in key practice areas. They also reflect notable achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.
For further details, see Chambers and Partners website.

George Peretz QC and Imogen Proud join Khatija Hafesji on the ALBA Committee

George Peretz QC and Imogen Proud have become members of the 22-strong committee of ALBA (the Administrative Law Bar Association). ALBA is the professional association for barristers in England and Wales practising in public law. Monckton’s Khatija Hafesji is an existing member of the committee.

ALBA is a specialist association of the Bar Council with which it works closely, and with the Bar’s regional Circuits, to promote access to justice and the concerns of public law practitioners.

The association is an accredited provider of Continuing Education with the BSB, offering events to meet many barristers’ and solicitors’ CPD requirements. Recent events have included a lecture from Lord Sales on the subject of proportionality and a discussion with Joshua Rosenberg of his new book ‘Enemies of the People’. As part of ALBA’s remit, it responds to consultations by the Ministry of Justice and other organisations about matters affecting public law practice and procedure. In October 2020, it responded to the Independent Review of Administrative Law.

Tarlochan Lall

It is with great sadness that the members of Monckton Chambers share the news of Tarlochan Lall’s sudden passing this weekend.

Our thoughts are with Tarl’s wife Kim and all their family.

Brendan McGurk wins the BILA 2020 Book Prize for “Data Profiling and Insurance Law”

At its Annual General Meeting on 22 October, the British Insurance Law Association announced that Brendan McGurk’s “Data Profiling and Insurance Law” has been awarded BILA’s prestigious annual book prize for the best work on the law of insurance in 2019-2020. The book, which explores the impact of big data and predictive analytics on the provision and substantive law of insurance, was published by Hart in March 2019, has received a five star review in the Insurance Law Journal and has sold extremely well in the UK and the USA. Hart are offering a discount on the book to mark the award, which is available here and here. The announcement on BILA’s website is here.

 

Sir Christopher Bellamy QC former chairman of Linklaters Global Competition Practice and first President of the Competition Appeal Tribunal returns to his original set, Monckton Chambers

Sir Christopher Bellamy QC has returned to his former chambers, Monckton Chambers and will be focusing on arbitration and mediation, with a particular emphasis on competition and regulatory matters.

Sir Christopher joins Monckton from leading international law firm Linklaters where he has been since 2007; from 2011 he was Chairman of the firm’s global competition practice. Before Linklaters, he was instrumental in setting up the Competition Appeal Tribunal (CAT) and held the post of its first President from 1999 to 2007. Prior to joining the CAT, from 1992 to 1999 he was one of 15 judges of the Court of First Instance (CFI), now the General Court of the EU, and President of a five-judge chamber from 1996 to 1999.

Sir Christopher is considered to be one of the most influential competition lawyers in Europe.   He is co-author of the earlier editions of Bellamy & Child, European Union Law of Competition, now in its eighth edition.

Philip Moser QC and Tim Ward QC, joint heads of Monckton Chambers, welcome Sir Christopher back to Monckton:

“The joint Heads and all members of Monckton Chambers are delighted to welcome former CAT President and Judge Sir Christopher Bellamy QC back to Monckton Chambers.  As a doyen of the competition law field, Monckton’s clients will benefit from his years of experience at the Bar, Bench and at one of the world’s most respected law firms.

“Following the recent re-recruitment of former CJEU Judge Christopher Vajda QC and FCA Independent Reviewer John Swift QC, Monckton has added considerable weight to its arbitration offering, which we expect to go from strength to strength.”

Sir Christopher Bellamy QC recommences his practice at Monckton Chambers on the 2nd November 2020.

Attorney General Panel appointments: Thomas Sebastian appointed to Public International Law A panel

Thomas Sebastian has been promoted to the Public International Law A Panel of Junior Counsel to the Crown for a period of five years, commencing 30 October 2020 and expiring on 29 October 2025.

The Attorney General (AG) appointments for the three Public International Law Panel follows the August 2020 appointments to the three London panels and one regional panel of counsel  to undertake civil and EU work for all government departments.

In total 22 members of Monckton Chambers are on the AG’s London and Public International Law panels.

Former UK CJEU Judge, Christopher Vajda QC, returns to Monckton Chambers

Christopher Vajda QC is returning to his former chambers, Monckton Chambers and will be available for instructions for advisory work, as an arbitrator, and as an expert witness.

Christopher Vajda left Monckton Chambers in 2012 to be the UK’s judge at the Court of Justice of the European Union (“CJEU”), the highest court within the European Union and based in Luxembourg. He held this prestigious position from 2012 until the withdrawal of the United Kingdom from the European Union in January 2020. During that time he was party to judgments in a broad spectrum of fields, including aviation, banking, competition and state aid, constitutional law and the Charter of Fundamental Rights, data protection and privacy, the environment, international trade and investment agreements, public international law, public procurement, sanctions, and tax.

Philip Moser QC and Tim Ward QC, joint heads of Monckton Chambers, welcome Christopher Vajda back to Monckton:

“The joint Heads and all members of Monckton Chambers are delighted to welcome former Judge Christopher Vajda QC back to Monckton Chambers. Christopher is widely respected in the UK and abroad as one of the foremost EU and competition lawyers. Having fulfilled his historic role as the UK’s last judge at the Court of Justice of the EU, his expertise will be invaluable in his new advisory and arbitration practice.”

Christopher Vajda is also a visiting professor at King’s College, London, a lecturer on private international law at Luxembourg University and a member of the LCIA. He has written and spoken extensively, particularly in the area of competition and state aid (he was a contributor to Bellamy & Child, European Union Law of Competition for over 20 years), and on investment protection treaties. He is fluent in French (the working language of the CJEU) and speaks German.

Christopher Vajda recommences his practice at Monckton Chambers on 2nd November 2020.

He will be delivering the keynote speech at the GCR Competition Litigation Conference on 3rd November.