Court of Appeal dismisses French Blocking Statute appeals

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The Court of Appeal has today given judgment in the two ‘French Blocking Statute’ appeals, Servier v Secretary of State for Health and Alstom & Areva v National Grid Electricity Transmission plc.

The Court of Appeal held that the English Courts have full jurisdiction to apply their procedural rules to parties in proceedings before them, and it is well established that this includes a discretion to make directions that would entail the parties potentially breaching a foreign law.  The High Court therefore has jurisdiction to order responses to Part 18 requests (as in the Servier case), and to order disclosure (as in the National Grid case), in circumstances where complying with such orders would breach the so-called ‘French Blocking Statute’ (Law No. 68-678 of 26 July 1968).

In the leading judgment, Lord Justice Rimer dismissed the argument that it was mandatory for the Court in these circumstances to make a request to the French Court under Regulation 1206/2001 on the taking of evidence in civil and commercial matters.  He also held that the judgments of Mr Justice Henderson (in the Servier case) and Mr Justice Roth (in the National Grid case) exercising their discretion to make orders against the defendants/appellants were “unimpeachable“.

Paul Lasok QC appeared for the Secretary of State for Health, and Jon Turner QC and Laura Elizabeth John appeared for National Grid Electricity Transmission plc.  Both were successful respondents in the proceedings.

Click here to read the full SoS for Health v Servier Laboratories Ltd judgment.

DCMS wins in Francovich damages claim over GSM Gateways

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The Department for Culture Media and Sport has successfully resisted a claim for over £400million in Francovich damages over the compatibility with EU telecommunications directives of its decision to maintain in force a commercial use restriction for GSM Gateways.

The High Court held that DCMS was justified in relying on public security concerns in imposing and maintaining  the restriction for multi-user gateways.

On an alternative case relating to single-user gateways, the Court found that the restriction was disproportionate but found that that infringement did not constitute a manifest and grave disregard of the UK’s obligations under EU law such as to justify Francovich damages.

Philip Moser QC and Brendan McGurk acted for DCMS.

Dan Beard QC acted for the Home Office, intervening.

Click here to read the full judgment in Recall Support Services v Secretary of State for Culture Media & Sport

Ligia Osepciu wrote the following case note on Recall Support Services Limited et al v Secretary of State for Culture Media and Sport.

Jeremy McBride advises Council of Europe

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At its session on 11-12 October, the European Commission for Democracy through Law (the Venice Commission) adopted its Joint Opinion with the Council of Europe’s Directorate for Human Rights on the draft Law of Ukraine on the Public Prosecutor’s Office.

This draft Law will abolish the function of general supervision that currently allows the Public Prosecutor’s Office an extensive ability both to intrude into the functioning of the executive and to interfere with the interests and activities of private individuals and organisations. This capacity is compounded by the entitlement of the Prosecutor General and other public prosecutors to participate in the proceedings of the Ukrainian Parliament, boards of ministries, central executive agencies, local councils and other administrative bodies.[1] These powers and rights individually and cumulatively run counter to the appropriate separation of powers in a democracy, as well as posing a threat to rights and freedoms that are supposedly safeguarded by the Constitution.

Although welcoming this reform, the Joint Opinion identified five major areas of concern regarding the provisions relating to the powers of representation of the interests of the citizen and the state in non-criminal matters, the protection of the independence of public prosecutors, the appointment and dismissal of the Prosecutor General, the potential of certain provisions to restrict unjustifiably investigation and reporting by the media and the disciplinary procedures for public prosecutors. In addition to these main shortcomings, the Joint Opinion noted many important points of detail concerning individual provisions for which amendments and/or clarifications are required.

The enactment of a Law that satisfactorily addresses the points made in the Joint Opinion is one of the conditions for the conclusion of the EU-Ukraine Association Agreement at the EU’s Eastern Partnership summit in Vilnius in November.

The Joint Opinion was adopted on the basis of comments prepared by Jeremy McBride, acting as an expert for the Council of Europe, together with members of the Venice Commission and other Council of Europe experts.

Jeremy McBride is continuing to advise the Council of Europe on the steps needed to adopt a Law that meets European standards. Previously he advised the Council of Europe on the preparation of a new Code of Criminal Procedure in Ukraine to replace the one adopted during the Soviet era.

To read the Joint Opinion in full, please click here

Josh Holmes awarded ‘Junior of the Year’

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Monckton Chambers is delighted to announce that Josh Holmes has been awarded “Junior of the Year” for EU and Competition law at the annual Chambers Bar Awards.

Congratulations to Josh.

Daniel Beard QC awarded ‘Silk of the Year’

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Monckton Chambers is delighted to announce that Daniel Beard QC has been awarded “Silk of the Year” for EU and Competition law at the annual Legal 500 UK Awards.

Congratulations to Daniel.

Raymond Hill in 50th Case before ECJ

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Raymond Hill was recently instructed in his 50th case before the European Court of Justice in Luxembourg.

Raymond reached this milestone on 2nd October 2013, in which, unusually, he argued two separate cases for the United Kingdom before midday. First, the ATP case relating to the management of defined contribution pension schemes and, secondly, the Bridport case as to whether green fees to play at members’ golf clubs should benefit from the sporting exemption.

Raymond has been involved in many leading VAT and Direct Tax cases before the ECJ such as; LMUK and Baxi, AXA Denplan, Wheels, Deutsche Bank and Fiscale Eenheid PPG. He is available to appear for both the taxpayer and HMRC and the UK Government.

Monckton receives two nominations for Legal 500 UK Awards

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Monckton Chambers has received two nominations for The Legal 500 UK Awards 2013.

Monckton Chambers has been shortlisted for EU/Competition Set of the Year, and Daniel Beard QC for EU/Competition Silk of the Year.

The winners will be announced at 10am on 2nd October.

Monckton Barristers shortlisted for The Chambers 100 UK Bar

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The shortlist for The Chambers 100 UK Bar has been announced, featuring 7 members of Monckton Chambers.

Paul Lasok QC, Jon Turner QC, Daniel Beard QC, Josh Holmes, Meredith Pickford, Valentina Sloane and Rob Williams are included on the shortlist.

The Chambers 100 UK Bar will list the top 100 silks and the top 100 juniors from those ranked in the Chambers UK Bar Guide, which is due for publication this Autumn. Barristers are considered from only the top ranks of the Chambers UK Bar Guide, across all practice areas.

Tim Ward QC appointed to the RFU adjudication panel

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Tim Ward QC has been appointed to the Rugby Football Union (“RFU”) panel to sit as an adjudicator hearing appeals concerning competition issues.

Tim acted as part of the RFU’s appeal panel in 2012 which allowed an appeal by London Welsh RFC seeking promotion to rugby’s Premier League, details of which can be viewed here.