Monckton Chambers celebrates Paul Lasok’s career on his retirement

Paul Lasok QC, Monckton Chambers’ long-standing Head of Chambers, has retired from practice to focus on his academic writing and most immediately completing ”Lasok’s European Court Practice and Procedure”, the third edition of which is to be published later this year by Bloomsbury.

Paul Lasok spent 14 years as Head of Monckton Chambers, 10 of which as sole Head, before handing over the leadership to Tim Ward QC and Philip Moser QC on 14 March 2016.

Under Paul Lasok’s direction, Monckton Chambers grew substantially, trebling its fee income in 10 years from £9.5m in 2006 to a current reported turnover of £29.7m. The last twelve months has seen a particularly significant leap with an increase in turnover of a record £8M. The change at the top took place not only on a financial high but it was also appropriately timed in that it was almost 20 years to the day since Monckton Chambers was established under its current name.

Paul Lasok’s areas of work include agriculture, competition, public & administrative law, public procurement, telecommunications, state aid, trade law (anti-dumping) and VAT & Customs Duties but he is best known for being a heavyweight in EU law.  Recognised for his “encyclopaedic knowledge of European case law”, one client commented that “He seemingly knows more about European law than anyone at the court itself.”

Graduating with an MA in Law from Cambridge, Paul completed an LLM in European Legal Studies at Exeter. Paul’s father, Dominik Lasok QC was one of the pioneers of the study and teaching of European Law in the academic world and the first Director of the University of Exeter’s Centre for European Legal Studies and so it could be said that European Law was in Paul’s blood.

Paul’s road to Monckton Chambers and his position as “a real doyen of the Bar” was far from straight.  Paul initially took up a position as a legal secretary to Advocate-General J-P Warner and Advocate-General Sir Gordon Slynn, Court of Justice of the European Communities. The experience proved invaluable as it gave Paul the opportunity to use his academic knowledge and aptitude to work on theories which could be included Advocate General’s opinions, most notable being his work developing the “Private Investor Principle” used in EU State Aid law. It was also in Luxembourg that Paul started his ongoing academic interest in the rules of procedure, a topic which resulted in a book, “Lasok’s European Court Practice and Procedure”, but also the basis of his subsequent PhD at Exeter.

After a two year stint in Brussels in private practice in EU law, London finally became Paul’s professional base in 1987. An invitation from Jeremy Lever QC of Gray’s Inn Chambers, which was later to become Monckton Chambers, saw Paul join those members of the set who had taken the farsighted decision to specialise in what is now EU law.  Paul’s European practice experience proved a perfect fit with other members as the set emerged as the leading EU and competition law practice for which Chambers is now best known.

Paul will be remembered for his wise leadership, particularly his approach to actively encouraging and supporting individuals, both barristers and support staff, to develop to their full potential.  His key mantras for recruitment were to attract the “intellectually curious” and that Chambers wanted “the best people for us” whilst at the same time showing that Monckton has the “best people for them”.

When it came to work, Paul believed that “when you lose a case, it rankles; when you win, well, that is what should happen.”  His case career ended on a high, acting for HMRC in a landmark win in the Supreme Court against the £100m UBS and DB ‘bankers’ bonus’ tax scheme appeal.

Joint Head of Chambers, Philip Moser spoke for all the members and staff when he said: “Monckton Chambers has been tremendously well served by Paul Lasok. He has established a collegiate ethos by which each member of chambers knows that individual success rests on the success of chambers as a whole. All members have benefited from his wisdom and his leadership.”

Paul Lasok officially retired from Monckton Chambers on Friday 29th April.

Monckton walks the walk – The London Legal Walk – raising over £1000 to date

On Monday 16th May, 618 teams from law firms and barristers’ chambers took part in the London Legal Walk in aid of the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit.

Monckton’s Tim Ward QC, Steve Broach, Clair Matthews, Caroline Gowan, Gemma Goodwin, Aimee Dittmer, Daiva Eitkeviciene and Claire Bowers stepped out alongside the Lord Chief Justice and over 10,000 other walkers. To date Monckton’s eight fund-raising walkers has raised over £1,000 for these good causes and there is still time to add your support by donating here.

CMA takes decision in bathroom fittings case

The CMA today announced that it has taken a decision finding an infringement of Chapter I of the Competition Act 1998 by Ultra Finishing Limited, a leading supplier of bathroom fittings.  A penalty of £786,668 has been imposed (reduced from £1,032,502 to reflect the compliance programme and early settlement).  The infringement concerned the advertising and setting of prices for online sales.  The CMA had earlier announced the settlement agreement in this case.

In its press release the CMA explains that it has awarded a further 5% discount to Ultra for setting up a compliance programme.  The programme “includes a clear commitment to competition law compliance by the Ultra Board, including an external statement to that effect, which has been published on Ultra’s website. The company will also roll out tailored compliance training for all employees, and has put in place a detailed procedure to identify, assess and mitigate competition law risks. Ultra will review the compliance programme on an annual basis and submit a report on its compliance activities to the CMA each year for the next three years.”  This is a useful indication of the type of compliance programme that the CMA is likely to regard as appropriate in other cases where a discount is sought for setting up such a programme.

The CMA also states that it has issued warnings to other suppliers in the sector for similar practices, and warns that it is prepared to issue further infringement decisions and warnings in future.  In particular, it warns retailers (who were not subjected to any finding of infringement in this case) that they, too, may be fined in future cases of resale price maintenance, and draws attention to its leniency programme.  The CMA’s message is clear: if you are a retailer who pressurises your supplier to “crack down” on online discounting by your competitors, or if you are yourself subjected to such a crackdown, you should go to the CMA – or else you are at risk of being fined.

George Peretz QC advised Ultra Finishing Limited throughout the CMA’s investigation.

 

The Lawyer Awards 2016 – Monckton Chambers in shortlist for Chambers of the Year

The Lawyer Awards, now in its 22nd year, commend excellence in the profession across private practice, the public sector, commerce and industry, and the Bar. In the shortlist just published, Monckton Chambers, is nominated for “Chambers of the Year”. The winners will be announced at a ceremony on 29 June 2016 at the Intercontinental Hotel, London – The O2.

CMA agrees settlement with manufacturer of bathroom fittings

On 26 April, the Competition and Markets Authority (“CMA”) announced that Ultra Finishing Limited (“UFL”), a leading manufacturer of bathroom fittings, had agreed to pay a fine of £826,000 under the CMA’s settlement procedures (including a discount conditional on implementing a satisfactory compliance system).  The CMA’s press release is here.

The infringement of the competition rules at issue concerned measures taken by UFL in relation to the pricing of its products on the websites of its online distributors.

The CMA’s press release makes it clear that the CMA is currently focusing on restrictions, such as resale price maintenance and restrictions on advertising discounted prices, that limit the extent of online competition, particularly in consumer products.

George Peretz QC has been advising UFL throughout the investigation.

Legal aspects of the EU referendum: why three of the Prime Minister’s renegotiated outcomes are a positive result for the UK

Writing in the European Advocate, Christopher Muttukumaru CB explains why, in respect of three aspects of the renegotiated relationship  between the UK and the EU, the Prime Minister’s aims were, in legal terms, successfully met . In his article, published on 29 April, Christopher deals with the impact of the renegotiation on “ever closer union”, the role of national parliaments and competitiveness- better regulation.

Please see article here.

 

Greenpeace publishes Monckton legal opinion warning that French government subsidies of Hinkley C would constitute state aid

Monckton barristers Jon Turner QC, Ben Rayment and Julian Gregory have provided an Opinion for Greenpeace and Ecotricity which could have implications for the Government’s plan to build a new nuclear power plant at Hinkley Point.

Hinkley Point C is the first of a new generation of nuclear reactors intended to be built by EDF in the UK.  The UK government has already agreed to provide significant state support for the project by, among other things, guaranteeing a strike price for the electricity produced for a period of 35 years.  That support was classified as state aid and was only authorised by the EU Commission following an investigation after being scaled back (a decision which is in any event under challenge before the European Courts).

The 85% French state-owned EDF has now said that without further state support from the French Government it will not participate in the project.   In their Opinion, the Monckton barristers consider the various packages of financial support reportedly under consideration.  They have advised that any further French state support for Hinkley would likely constitute state aid and would therefore need to be notified to and investigated by the EU Commission.  The Commission would need to take into account its likely impact of the state support on competition in the energy market and other forms of generation, including renewables.

The Opinion, published today, has been covered in the media on both sides of the Channel, including
Sky News
Reuters
Financial Times
The Guardian
Les Echoes

Jon Turner QC, Ben Rayment and Julian Gregory were instructed by Harrison Grant on behalf of Greenpeace and Ecotricity.

Supreme Court sets boundaries of EU discrimination law for freedom of movement

In R(Nouazli) v Secretary of State for the Home Office [2016] UKSC 16, the Supreme Court has rejected a challenge to powers which enable persons exercising free movement rights to be detained, pending a decision whether to remove them from the United Kingdom.  Tim Ward QC acted for the Secretary of State.  The case contains an important statement of principle as to the scope of EU discrimination law.

Regulation 24(1) of the Immigration (European Economic Area) Regulations 2006 permits the detention of person exercising EU free movement rights, if there are reasonable grounds to suspect he is a person who may be removed on (inter alia) public policy grounds. The Appellant was an Algerian national who had formerly been married to a French national, and accordingly enjoyed a right of residence in the UK as an EU family member. He argued that Regulation 24(1) gave rise to discrimination, as no equivalent “pre-detention” power existed in the UK immigration regime which applied to those who were not exercising EU law rights.  The Supreme Court rejected this argument, holding that third country nationals are not an appropriate comparator for testing discrimination in EU law: such “discrimination” is simply a function of the limited scope of the EU legal order.  Nor was such discrimination contrary to the Charter of Fundamental Rights.

The judgment is accordingly of considerable importance in defining the scope of application of EU discrimination law.

The full judgment is available on the Supreme Court’s website (here).

Anneli Howard, key speaker at 10th Jordan’s Junior Competition Conference, warns UK follow-on damages actions may shrink after Brexit and UK Competition Litigation become a “lost child”

The current private enforcement “sweet spot” enjoyed by the UK, attracting worldwide claimants to its courts, could significantly shrink if the UK leaves the EU, and divergences between legal systems leads to “forum shopping”, Monckton Chambers’ Anneli Howard cautioned junior lawyers, in a keynote speech, held at the Competition Appeal Tribunal in Bloomsbury, on Friday (15 April).

Anneli Howard was a key speaker at the annual event, organised by Jordan Publishing’s Competition Law Journal and aimed at junior lawyers, economists and academics with an interest in competition issues. This year’s conference was entitled: Brexit? Divergence and convergence in UK and EU competition law & Private enforcement: calm before the storm?

Focussing on the topic “Brexit – exit stage left for competition law damages?”, Anneli Howard predicted that the immediate fall out from BREXIT is likely to be minimal in the short term but, over time, divergences could appear between the UK and the rest of the EU in terms of litigation practice or substantive competition law. Importantly, Commission Decisions would no longer be binding on English courts, who would be free to hear claims in parallel with Commission investigations, appeals and concurrent proceedings elsewhere in the EU. UK Judgments would no longer be recognised and enforced in 28 Member States. The UK would play no role in preliminary references before the CJEU and lose the opportunity to shape and influence future legal developments. “Brexit” could lead to a significant long-term reduction of global follow-on claims being heard in London if legal uncertainties unpick the vital toolkit of private claims and undermine the confidence of litigation funders in the UK. Ms Howard tempered her caution by highlighting that alternatively there could be a positive conclusion should standalone litigation could increase, which the UK’s specialist judges would be equipped to deal with and move UK competition law forward. Divergence might actually make the UK a more attractive forum than other Member States, particularly if they are distracted in the detail of the new Damages Directive for the next 5 years.  Either way, following an analogy throughout the talk  to Shakespeare’s “The Winter’s Tale”, Ms Howard concluded  that there was a real danger that both the new Directive and competition litigation in the English Courts could  become a “lost child” if forced to survive alone.

The talk will be the basis of an article on the topic, by Anneli Howard, to be published by Jordans in June.

BIS successfully defends challenge to Construction Levy

Brendan McGurk was part of the team that successfully defended the Department of Business, Innovation and Skills against a challenge to the lawfulness of a new method by which an industrial training levy is to be calculated and imposed  on the construction industry. The construction levy is imposed on construction employers to raise funds for the training of both the employed and the self-employed workforce in the construction industry. In order to meet concerns within the industry that the basis upon which levy was to be collected on payments made to the self-employed workforce had become too complicated, the Construction Industry Training Board adopted HMRC’s Construction Industry Scheme as the means by which levy would be calculated on payments made to independent contractors. Hudson Contracts Services Limited, an industry-leading labour agency (albeit providing PAYE and payroll services only), sought to contend that the new basis upon which levy is to be calculated and imposed was ultra vires the Industrial Training Act 1982. The three grounds of challenge pursued by Hudson were each dismissed by Kerr J in a judgment that is available here. The case is one of a number of tax judicial reviews on which Brendan is currently acting.

To view the full judgment, please click here.