Monckton Chambers Awarded “Set of the Year” and “Junior of the Year” for EU & Competition Law

Monckton Chambers was honoured to be awarded the accolade of “Set of the Year” for our work in the field of EU and competition law at the fifth annual Chambers Bar Awards held at the Grosvenor House Hotel, London.

The work of Daniel Beard was also recognised last night as he scooped “Junior of the Year” in the same field.

Congratulations to everyone.

Monckton Chambers Welcomes Two New Tenants

Monckton Chambers is delighted to welcome two new tenants, Ligia Osepciu and Owain Draper following their successful completion of pupillage.

During pupillage, Ligia appeared as a junior in the High Court in JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (led by Michael Bowsher QC and Elisa Holmes), a leading case on the application of the EC law principle of proportionality in the procurement context.

Ligia said, “I am very pleased and excited to be joining Monckton Chambers as a tenant.  My pupillage at Monckton has afforded me great experience of European and commercial law practice and I hope to be able to contribute to Chambers’ tradition of excellence in these areas.”

Owain said, “I am pleased to join Monckton Chambers as a tenant primarily because of its deserved reputation for excellent work in all of its areas of practice.  I am confident that I will be able, in developing a broad EU law based practice, to emulate the more experienced members of Chambers in giving equal importance to intellectual rigour and hard work, on the one hand, and approachability, on the other.  I look forward to working with both public and private clients in the varied contexts of competition law, indirect taxation and commercial litigation.”

From October until mid-December 2009, Owain will be undertaking a stage in the chambers of Eleanor Sharpston QC, the English Advocate General to the European Court of Justice in Luxembourg.  This, it is intended, will provide an invaluable opportunity to increase his knowledge of and experience in European law litigation and, in particular, the process at the ECJ.

Commenting on Monckton Chambers’ latest tenants David Hockney, Senior Clerk, said, “I am delighted that Owain and Ligia have joined Chambers.  Having completed successful pupillages they can now look forward to fruitful careers in Chambers.”

Monckton Chambers now has a total of 51 members.

Please click below for more information on:
Ligia Osepciu

Monckton Chambers Welcomes Two New Tenants

Monckton Chambers is delighted to welcome two new tenants, Ligia Osepciu and Owain Draper following their successful completion of pupillage.

During pupillage, Ligia appeared as a junior in the High Court in JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch) (led by Michael Bowsher QC and Elisa Holmes), a leading case on the application of the EC law principle of proportionality in the procurement context.

Ligia said, “I am very pleased and excited to be joining Monckton Chambers as a tenant.  My pupillage at Monckton has afforded me great experience of European and commercial law practice and I hope to be able to contribute to Chambers’ tradition of excellence in these areas.”

Owain said, “I am pleased to join Monckton Chambers as a tenant primarily because of its deserved reputation for excellent work in all of its areas of practice.  I am confident that I will be able, in developing a broad EU law based practice, to emulate the more experienced members of Chambers in giving equal importance to intellectual rigour and hard work, on the one hand, and approachability, on the other.  I look forward to working with both public and private clients in the varied contexts of competition law, indirect taxation and commercial litigation.”

From October until mid-December 2009, Owain will be undertaking a stage in the chambers of Eleanor Sharpston QC, the English Advocate General to the European Court of Justice in Luxembourg.  This, it is intended, will provide an invaluable opportunity to increase his knowledge of and experience in European law litigation and, in particular, the process at the ECJ.

Commenting on Monckton Chambers’ latest tenants David Hockney, Senior Clerk, said, “I am delighted that Owain and Ligia have joined Chambers.  Having completed successful pupillages they can now look forward to fruitful careers in Chambers.”

Monckton Chambers now has a total of 51 members.

Please click below for more information on:
Ligia Osepciu

Russia’s Religions Act found in violation of Article 9 ECHR

On 1 October 2009, the European Court of Human Rights handed down its judgment in Kimlya and Others v. Russia, which concerned an application lodged with the Court under the European Convention on Human Rights by two Russian nationals, Mr Kimlya and Mr Sultanov, and an unincorporated religious group, the Church of Scientology of Nizhnekamsk.

The applicants complained about the domestic authorities’ decisions refusing State registration of the applicants’ religious groups as legal entities, which in turn relied upon a legal provision in Russia’s Religions Act that requiring religious groups to be in existence in a locality for 15 years before they could obtain legal entity status.  The applicants complained that this rule prevented their religious groups, which had been in existence in the locality for less than 15 years, from exercising fundamental aspects of the right to practice their religion.  They also maintained that the rule unfairly discriminated against new religious groups.

The Court held unanimously that the resulting situation gave rise to a violation of Article 9 (freedom of religion) read in the light of Article 11 (freedom of association).

Monckton tenant Drew Holiner, who is also a member of the Russian bar, acted for the applicants.

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Drew Holiner

John Wilkins (Motor Engineers) Limted and others v Commissioners for Her Majesty’s Revenue and Customs

In the first case heard in the new Upper Tier Tribunal (Tax and Chancery Chamber), the Tribunal, Warren J presiding, dismissed appeals brought by motor traders seeking compound interest from the Commissioners under s 78 VATA 1994 in respect of overpayments of VAT. The Tribunal held that the time to bring such an appeal ran from the date of the Commissioners’ decision to pay simple interest under s 78, not from the date of the Commissioners’ refusal to pay additional interest, so the appeals were brought out of time and time would not be extended.  As to the substance, the Tribunal held that s 78 could not be interpreted to allow an award of compound interest based on the judgment of Henderson J in F J Chalke Ltd and another v Revenue and Customs Commissioners  [2009] EWHC 952 (Ch); any such award would have to be sought by a claim for restitution at common law.

Peter Mantle and Philip Woolfe appeared for the Commissioners.

For the Upper Tier Tribunal decision, please click here.

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Peter Mantle
Philip Woolfe

World Motor Sport Council has found Renault guilty

Monckton tenant Paul Harris appeared in the World Motor Sport Council (WMSC) in Paris today, representing the governing body of Formula One, the Fédération Internationale l’Automobile (FIA) in relation to charges brought against the Renault team by the FIA arising out of allegations made by ex-driver Nelson Piquet junior who claims he was instructed to crash at Singapore last year, to aid team-mate Fernando Alonso’s victory.  Renault has since received a two-year suspended ban from Formula 1 for breaking the sporting code.  WMSC found Renault “not only compromised the integrity of the sport but also endangered the lives of spectators, officials, other competitors and Nelson Piquet Jr. himself.”

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Paul Harris QC

Monckton Chambers Up 4 Places in Bar Top 30

The Lawyer’s UK Annual Report revealed Monckton Chambers has moved up the rankings, positioned at 25, up 4 places from 29 last year.

We are delighted to be listed in the annual countdown, which is worked out primarily by turnover.  Our growth over the last financial year was covered in The Lawyer in July and it is our dramatic 29% increase which has led to our new ranking.

Leading Set Recommendations in The Legal 500, 2009

The Legal 500, 2009 UK edition has been published and for the seventh year running lists Monckton Chambers as one of the leading sets at the London Bar.

In addition to this accolade, we are also delighted to see that our individual recommendations have gone up by a further 21% to a total of 52.

Peter Roth QC Appointed High Court Judge

The Queen has been pleased to approve the appointment of Monckton member Peter Roth QC to be a Justice of the High Court with effect from 1 October 2009 on the elevation of Mr. Justice Patten to the Court of Appeal.

The Lord Chief Justice will assign Mr. Roth to the Chancery Division.

Head of Chambers, Paul Lasok QC said, “This is a well-merited appointment.  Peter is very intelligent and a pleasant individual. He will make a fine judge.”.

Peter Roth QC was called to the Bar by the Middle Temple in 1977 and took Silk in 1997.  He was appointed a Recorder in 2000 and is approved to sit as a deputy High Court Judge.

Members and staff warmly congratulate Peter on this prestigious appointment.

Peter’s appointment follows the recent news that a former member of Chambers, Kenneth Parker QC, will also be sworn in on Friday 2 October as a High Court Judge, sitting in the Queen’s Bench Division.