Tesco Appeal Fixed For November Hearing

Following on from the Case Management Conference held at the Competition Appeals Tribunal on 31st July 2008, Tesco’s appeal against the findings of the Competition Commission’s recent Grocery Market Inquiry has been fixed for a three day hearing commencing on 11th November 2008. Barristers from Monckton Chambers are representing several parties in these proceedings.

Julian Gregory is junior Counsel to Tesco.

Peter Roth QC, Daniel Beard, Valentina Sloane and Ewan West are representing the Competition Commission.

Tim Ward is representing ASDA.

Kassie Smith is representing Waitrose, and Elisa Holmes is representing the Association of Convenience Stores, all as interveners.

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Tim Ward QC
Daniel Beard QC
Kassie Smith QC
Valentina Sloane
Julian Gregory
Elisa Holmes
Ewan West

Transport For London Seeks Oyster Card Shake-Up

Transport for London Oyster card contractor EDS has, this week, been seeking an injunction preventing TfL from entering into a contract for the provision of the same services solely with EDS’s current consortium partner, Cubic. TfL proposes to terminate its contract with TranSys – through which EDS and Cubic together provide the current services – and to contract with Cubic directly, following the deterioration of the relationship between EDS and TfL. Mr Justice McKay is expected to deliver his decision this afternoon.

Paul Lasok QC and Elisa Holmes represented Transport for London, instructed by Herbert Smith.

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Paul Lasok QC
Elisa Holmes

Tesco Appeal Against Competition Commission Inquiry Findings Begins In The CAT

A Case Management Conference at the Competition Appeals Tribunal on 31st July 2008 will be the first hearing in relation to Tesco’s appeal against the findings of the Competition Commission’s recent Grocery Market Inquiry. Barristers from Monckton Chambers are representing several parties in these proceedings.

Julian Gregory is junior Counsel to Tesco.

Peter Roth QC, Daniel Beard, Valentina Sloane and Ewan West are representing the Competition Commission.

Tim Ward is representing ASDA

Kassie Smith is representing Waitrose, and Elisa Holmes is representing the Association of Convenience Stores, all as interveners.

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Tim Ward QC
Daniel Beard QC
Kassie Smith QC
Valentina Sloane
Julian Gregory
Elisa Holmes
Ewan West

Melanie Hall QC Joins Tax Journal Editorial Board

Melanie Hall QC has accepted an invitation to join other leading tax experts on the Editorial Board of The Tax Journal. The Tax Journal is a weekly UK publication from Lexis Nexis, aimed at all those who provide tax advice to and within the business community, whether they are tax practitioners or lawyers. It concentrates mainly on corporate tax, international tax, VAT and other indirect taxes.

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Melanie Hall QC

Testing The Drug Testers In Court Of Arbitration For Sport Appeals

UK Sport’s drug testing procedures were under attack in the Court of Arbitration for Sport last week. In appeals from the British Weightlifter’s Association Disciplinary Panel, two weightlifters undertook a wholesale attack on the sample collection procedures undertaken by UK Sport at the British National Championships and also on the sample testing procedures undertaken at King’s College’s Drug Control Centre on behalf of UK Sport. Doubt could be cast on positive doping findings undertaken by UK Sport across many sports in the UK in the event the Appellants are successful.

Elisa Holmes represented the British Weightlifters Association, defending UK Sport’s procedures.

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Elisa Holmes

Michael Collins Elected Chairman Of The Bar Council Of Ireland

Michael M.Collins S.C. a door tenant of Monckton Chambers, has been elected as Chairman of the Bar Council of Ireland. Michael is a senior counsel practising primarily from Dublin, specialising in commercial litigation, competition law, EU law, constitutional law and judicial review. He was called to the Irish Bar in 1978, to the English Bar in 1987 and took silk in Ireland in 1994. He is also a member of the Bars of New York (having practised there with Sherman & Sterling in the early 1980s and was called to the Bar of the United States Supreme Court in 2003). The variety of Michael’s practice can be seen from the fact that he acted for BUPA in its successful challenge to the risk equalisation scheme introduced by the Irish Government to the health insurance industry in Ireland (Irish Supreme Court decision 16th July 2008) and, in a case pending before the Irish Supreme Court, he is acting for two gay women, arguing that they have a right to marry under the Irish Constitution and under the European Convention on Human Rights.

Michael has been a member of the Bar Council of Ireland for the past 4 years and has been Vice-Chairman for the past year. He was re-elected to the Bar Council two weeks ago with the largest vote in the history of Bar Council elections and was elected as Chairman of the Bar Council on the 18th July 2008.

“It is a tremendous honour to have been elected as Chairman of the Bar Council and my priority is to ensure that irrespective of the regulatory environment, members of the Irish Bar can continue to act as utterly independent and fearless advocates for clients while maintaining the highest possible standards of professionalism and integrity” Michael said. “It is also vital that we maintain the links between the independent referral Bars of the world and I particularly value my membership of Monckton Chambers in that context as well.”

Paul Lasok QC, Head of Chambers, said: “Michael’s colleagues at Monckton Chambers all send their congratulations. It is a well-deserved appointment”.

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Michael Collins SC

Judicial Review granted re: University College London’s proposed academy in Camden

On 17 July the Administrative Court granted permission for a judicial review of the Government’s decision to approve the Expression of Interest submitted by University College London for the establishment of an academy in the London Borough of Camden. The challenge alleges that there has been a breach of the EU rules on public procurement.

Christopher Vajda QC is acting for the Secretary of State for Children, Schools and Families.

Isle of Man Ferry Services Judicial Review Struck Out

On 10 July the Isle of Man equivalent to the High Court struck out on grounds of delay an application for Judicial Review of a decision by the Isle of Man authorities to enter into an exclusive agreement with a ferry company in respect of ferry services between the Isle of Man and the North West coast of England. The challenge alleged that the decision was both ultra vires and contrary to the EU law.

Christopher Vajda QC and Ian Rogers acted for the Isle of Man.

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Ian Rogers

 

 

 

 

Church Of Latter Day Saints Challenges Business Rates Decision In The House Of Lords

Last week, the House of Lords heard argument in the Church of Latter Day Saints v Gallagher (Valuation Officer) case. The appellant church challenged a decision to refuse to exempt its Preston Temple from business rates. There is a statutory exemption for places of “public worship”, but the Valuation Officer ruled that the Temple, which is not open to the general public, does not qualify. The Church complained that this gives rise to discrimination, contrary to Article 14 ECHR (prohibition on discrimination on enjoyment of Convention rights), read together with Article 9 (freedom to manifest religion). It seeks to persuade the House of Lords to depart from an earlier decision of the House on the status of another of the Church’s temples, taken long before the Human Rights Act 1998, namely Henning v Church of Latter Day Saints [1964] AC 420.

Tim Ward was instructed by the Secretary of State.

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Tim Ward QC