Chambers Bar UK 2018 – “class act” Monckton Chambers is top tier for six practice areas

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The recently launched Chambers Bar UK 2018 ranks 47 individual Monckton barristers across 17 practice areas with many appearing in multiple categories.

Monckton Chambers is one of the most highly ranked sets in the UK as it has been recommended in eleven practice areas; in six of these, Monckton is recognised as a “Band One” leading set:

  • Competition
  • European Law
  • Telecommunications
  • Public Procurement
  • Indirect Tax
  • Community Care

The Set has also been ranked in a further five categories:

  • Administrative and Public Law
  • Civil Liberties & Human Rights
  • Data Protection
  • Sports Law
  • Environment

Individual members were also recognised as “Leading Individuals” in further six categories:

  • Aviation
  • Construction
  • Education
  • Immigration
  • Local Government
  • Police Law

Monckton Chambers is described in the overview of “LEADING SETS BY NUMBER OF RANKINGS” as follows: Monckton Chambers is renowned for the abilities of its competition and European law-focused barristers, and fields a number of experts in these areas at both the junior and silk level. Commentators make reference to Monckton as the “go-to” and “pre-eminent” chambers for these practice areas, with others drawing attention to its “strength in depth.” Monckton is home to the “stellar” Daniel Beard QC and “compelling advocate” Jon Turner, both of whom are frequently instructed in a range of competition matters and telecoms cases. Several of the set’s barristers have been at the forefront of post-Brexit vote debates and cases, including appearances in R (on the application of Miller and others) v Secretary of State for Exiting the European Union in the Supreme Court.

Public procurement cases are another mainstay at Monckton, which boasts the “top procurement practitioner at the Bar,” Michael Bowsher QC. The set is also notable for the regular appearances of its members in social care cases, including matters involving disabled and vulnerable adults and children.

In addition, Monckton hosts several experts in indirect tax law, including VAT. Even the clerks at the set, led by senior clerk David Hockney, are the subject of praise. “They go above and beyond,” says a client, continuing: “They do more than just arrange meetings and fees – they actually help us to progress matters.” Clients and instructing solicitors are also ably assisted by receptionist Linda Antonioni, nominated by one source for the title of “the loveliest person in the world.”

Monckton Chambers is also one of only twenty Sets particularly commended for their provision of quality client service in the section UK BAR: CLIENT SERVICE AT THE BAR “The set’s client service is summed up by one solicitor, who says: “the clerking has been absolutely perfect; head clerk David Hockney runs a very sharp operation there. They like to find a way to facilitate all pockets and be pragmatic, and they’re willing to accommodate you which means, in turn, you keep going back for more.” Another satisfied customer commented: “The chambers as a whole is fantastic. The commitment to the best interests of the client is exemplary and the barristers are very ably supported by everyone from the receptionist to the clerks. Monckton is a class act.”

For further details visit the Chambers & Partners website.

No compound interest on overpaid VAT

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Littlewoods Ltd and others v HMRC [2017] UKSC 70

The Supreme Court has handed down judgment in Littlewoods Ltd v HMRC [2017] UKSC 70. The Court has ruled that those claiming refunds of overpaid VAT from HMRC do not have a right to compound interest either under EU law or under the common law; and that interest on such refunds is limited to statutory, simple interest under section 78 of the Value Added Tax Act 1994. The Court held (upholding Vos J and the Court of Appeal, and dismissing Littlewoods’ appeal) that sections 80 and 78 of the 1994 Act exclude any common law cause of action in respect of the time or use value of overpaid VAT (whether compound interest or otherwise). The Supreme Court further held (reversing Henderson J and the Court of Appeal, and allowing HMRC’s appeal) that EU law–in particular, the principle of effectivenessdid not give Littlewoods any EU law right to compound interest; and that the UK’s regime, providing for simple interest did not deprive Littlewoods of “an adequate indemnity for the loss occasioned by undue payment” of the tax. Consequently, the High Court’s 2014 judgments in favour of Littlewoods, totalling approximately £1.25 billion, will be set aside. The Court’s judgment also puts paid to approximately 5,000 other claims, estimated at £17 billion, for compound interest on overpaid VAT. This is an important judgment, not just because of the very large sums involved and number of taxpayers affected, but also for the Supreme Court’s reasoning on the relationship between EU law rights and national law remedies and its conclusion that EU law had not harmonised and did not dictate the content of national law interest remedies.

Andrew Macnab and Peter Mantle of Monckton Chambers (led by Jonathan Swift QC of 11 King’s Bench Walk) represented HMRC.

The judgment can be found here.

Competition and Markets Authority accepts commitments from Showmen’s Guild

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The CMA announced yesterday that it has accepted commitments by the Showmen’s Guild of Great Britain, the main association for travelling showmen who earn their living at funfairs. The announcement closes, without the imposition of any penalty, an investigation by the CMA into the Guild’s rules that led to the issue of a Statement of Objections in December 2016 (which indicated that the CMA was at that stage minded to impose penalties).  The commitments offered, and the reasons why the CMA accepted them, are set out here: in essence, the CMA agreed that its concerns were sufficiently addressed by amendments to the Guild’s rules that: (a) made it easier for new members to join the Guild; (b) removed a number of restrictions on the participation of non-members at fairs; and (c) changed the Guild’s system of “established rights” held by its members to grounds at fairs so as to make transfer of such rights easier, and for landowners to make improvements to fairs on their land.  The rule changes now have to be approved by the Guild’s members.

The Guild was represented during the CMA inquiry by George Peretz QC, Michael Armitage and Imogen Proud.

ECJ rules “Bridge is not a sport” – VAT success for UK, represented by Raymond Hill

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The European Court of Justice has decided this morning that contract bridge is not a sport. Therefore, entry fees to bridge tournaments are not exempt from VAT. Although bridge involves intellectual effort and skill, the Court held that the term “sport” referred to an activity characterised by a “not negligible” physical element. The Court recognised that bridge required logic, memory and lateral thinking and benefitted the mental and physical health of players. But the Court disagreed with Advocate General Szpunar that the health benefits of playing bridge indicated that bridge should fall within the VAT exemption for sports.

Raymond Hill represented the United Kingdom before the European Court in successfully arguing that bridge was not a sport.

 

Brendan McGurk successfully defends Italian Rugby’s Marco Fuser

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Brendan McGurk has successfully defended Italy and Benetton Lock, Marco Fuser, following his citing for an alleged bite on Francois Louw during the European Champions Cup clash between Bath and Benetton on 14 October 2017. Louw was also cited in the same incident for making contact with Fuser’s eye. Following a hearing before the EPCR Disciplinary Panel, the case brought against Fuser was dismissed.

Thomas Sebastian appointed as a Visiting Professor at the London School of Economics

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Thomas Sebastian has been appointed a Visiting Professor in Practice at the London School of Economics for the period 2017 to 2020.  Thomas will contribute to postgraduate teaching in the fields of WTO law and international investment law (alongside his full time practice in these areas).

He said “I am delighted to have this opportunity and look forward to engaging with colleagues in the Law Department and the LSE’s diverse postgraduate community in the years ahead.“

Kassie Smith QC – GCR Live – 6th October 2017

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Speaking at GCR Live London, Kassie Smith QC of Monckton Chambers said there was a need for certainty about whether English judgments would still be enforceable in the rest of Europe once Brussels’ “Recast” rules, which ensure judgments between EU members states are recognised and enforced, fall away after Brexit. To read the full reportage by Hettie O’Brien, click here.

Legal 500 UK Bar 2017: Monckton recognised as top tier for Competition, Telecoms, Procurement and VAT

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In the recently launched  The Legal 500 UK Bar 2017  44 individual barristers from Monckton Chambers are listed across18 practice areas with many recommended in multiple categories.

Monckton Chambers has been recommended as a TOP-TIER set in the following practice areas:

  • Competition
  • Telecoms (regulatory)
  • Public procurement
  • Tax – VAT

The Set has also been ranked in a further 6 areas:

  • Administrative and public law (including local government)
  • Civil liberties and human rights (including actions against the police)
  • Environment
  • European Law
  • IT and telecoms – data protection
  • Sport

Individual members were also recognised as “Leading Individuals” in:

  • Aviation
  • Construction
  • Education
  • Immigration (including business immigration)
  • International arbitration: counsel
  • Professional negligence
  • Public international law
  • Social housing

The annual legal directory further described the Set as follows:

Monckton Chambers has ‘breadth and depth across all levels from silks to junior barristers’. It has expertise across the public law and regulatory spectrum, but is singled out as ‘the place to go to for EU law and competition advice’, and clients praise chambers’ ability to communicate insights surrounding these ever-changing areas: for example, ‘the Brexit blog is excellent and showcases the knowledge and commercial awareness of the set’. On the support side, ‘the front of house is personal and friendly, yet professional’, and the clerks are ‘very, very attentive’. Senior clerk David Hockney is ‘first class’ and ‘always responsive’, and first junior John Keegan is ‘approachable and very easy to deal with’ – ‘nothing is too much trouble’.

Monckton in shortlist for The British Legal Awards 2017, Chambers of the Year

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Legal Week has announced the shortlist for The British Legal Awards 2017, a showcase for the achievements of one of the country’s most successful sectors and Monckton Chambers is one of eight sets nominated for Chambers of the Year. The 29 category winners will be selected by an independent judging panel which includes senior business lawyers from major banks and corporates, as well as former private practice leaders and the awards will be presented at a ceremony in London on Thursday 30 November 2017.