Monckton webinar series: “The UK legal regime after Brexit – what every lawyer needs to know”

The end of the transition period has brought with it seismic changes to the legal landscape. Please see below details and sign-up links for our new EU Relations webinar series discussing these changes entitled: “The UK legal regime after Brexit – what every lawyer needs to know”.

The webinars, hosted on zoom, will run on each of the next six Thursday lunchtimes. We look forward to welcoming you at some, or all, of the below events. Please also check out our new EU Relations Law blog, covering all aspects of the Withdrawal Agreement, the Trade and Cooperation Agreement (plus accompanying agreements and declarations), and the UK internal market.

The webinars are being held on the following dates:


Webinar 1 – 21 Jan, 1pm – 2pm:  Post-Brexit litigation in UK courts – 10 things every litigator needs to know

The panel will discuss (inter alia): Retained EU Law; departing from EU case-law; validity challenges; damages and effective remedies; challenging Brexit regulations; the implementation of the Withdrawal Agreements and TCA into domestic law; and litigating the TCA in UK courts.

Chair: Anneli Howard

Tom Sebastian
Jack Williams
Morag Ross QC (Scotland) (Axiom Advocates, Edinburgh)

The recording is available here


Webinar 2 – 28 Jan, 1pm – 2pm: Subsidy control law – navigating the new ‘post-state aid’ regime

The panel will discuss (inter alia): the subsidy control provisions in the TCA; the implementation of those provisions into domestic law; the provisions of the Ireland/Northern Ireland Protocol; and the relationship with EU State Aid law.

Chair: Professor Panos Koutrakos

George Peretz QC
Anneli Howard
Ben Rayment
Alan Bates

Click here to register for this webinar


Webinar 3 – 4 Feb, 1pm – 2pm: Competition law

The panel will discuss (inter alia): changes to Retained EU law in relevant Competition Law SIs; how and when the CAT may depart from retained EU law; private damages claims after Brexit; Reliance on Commission decisions; and UK-EU regulatory cooperation in light of the provisions in the Withdrawal Agreement and the TCA.

Chair: Daniel Beard QC

Josh Holmes QC
Robert Palmer QC
Laura Elizabeth John
James Bourke

Click here to register for this webinar


Webinar 4 – 11 Feb, 1pm – 2pm: Procurement law

The Panel will discuss (inter alia): changes to Retained EU law in relevant Procurement Law SIs; The provisions and Impact of the TCA; the domestic implementation of the TCA; and the Green Paper on domestic changes to Procurement Law post Brexit.

Chair: Michael Bowsher QC

Ewan West
Azeem Suterwalla
Ligia Osepciu
Khatija Hafesji

Click here to register for this webinar


Webinar 5 – 18 Feb, 1pm – 2pm: UK internal market law

The panel will discuss (inter alia) the Internal Market Act 2020, the meaning and application of the market access commitments, the Act’s impact on devolution, and potential litigation arising from the Act.

Chair: Ian Rogers QC

Anneli Howard
Alan Bates
Tom Sebastian
Jack Williams

Click here to register for this webinar


Webinar 6 – 25 Feb, 1pm – 2pm: VAT and custom law

The panel will discuss (inter alia): the implications of Brexit for the UK’s system of VAT; the repercussions of being outside the EU customs union; and the particular issues thrown up by the special circumstances of Northern Ireland.

Chair: George Peretz QC

Ian Rogers QC
Valentina Sloane QC
Frank Mitchell SC (Ireland)
Andrew Macnab

Click here to register for this webinar

The second annual UK Competition Litigation Conference

8–10 December 2020

Please join Monckton Chambers, NERA Economic Consulting, and Augusta for a virtual conference investigating the most important developments in competition litigation in 2020.

The event will bring together distinguished panellists to discuss the year’s key case developments, lessons learned in case management, Brexit, dominance litigation, compensation and pass-on, and class certification battles at the CAT. Speakers include:

We also welcome experts from several leading law firms, including Ashurst; Bristows; Bryan Cave Leighton Paisner; Clifford Chance; CMS Cameron McKenna Nabarro Olswang; Freshfields Bruckhaus Deringer; Hausfeld; Herbert Smith Freehills; Quinn Emanuel Urquhart & Sullivan; Slaughter and May; Stewarts and Travers Smith.

The conference will take place from 8 to 10 December across a series of afternoon sessions. Click here to register.

Tuesday 8th December


14:00 – 15:00     Conference Opening and Keynote

We will warmly invite you to our Second Annual Competition Litigation conference. Together they will look back over the extraordinary year of 2020, how the regime has evolved in the five years since the Consumer Rights Act, and how the UK is positioned as a forum.

Mark Brealey QC, Barrister, Monckton Chambers

The Honourable Mr Justice Roth, President Competition Appeal Tribunal

15:30 – 17:00     Reflections on Key Case Developments of 2020

An interrupted and challenging year has not prevented the UK competition litigation regime taking some big steps. Our Panel will discuss the key cases, procedural develops, and learnings from the Supreme Court.

Tim Ward QC, Barrister, Joint Head of Monckton Chambers

Edward Coulson, Partner, Bryan Cave Leighton Paisner LLP
Caroline Edwards, Partner, Travers Smith LLP
Paul Harris QC, Barrister, Monckton Chambers
Claire Jeffs, Partner, Co-Chair of the Competition Group Slaughter and May
Mark Sansom, Partner, Joint Head – Global Antitrust Litigation Group Freshfields Bruckhaus Deringer LLP
Grant Saggers, Director, NERA Economic Consulting


Wednesday 9th December


14:00 – 15:30     Lessons Learned in Strategic Case Management

Effective and proportionate processes are crucial to the improved performance of cases and the litigation regime as a whole. Simon Latham will Chair our Panel on how legal counsel manage funding, disclosure, expert evidence and settlement.

Simon Latham, Investment Manager, Augusta Ventures

Lesley Hannah, Partner, Hausfeld LLP
Euan Burrows, Partner, Ashurst
Kassie Smith QC, Barrister, Monckton Chambers

Dr. Alexandre Carbonnel, Senior Consultant, NERA Economic Consulting
Daisy Mackersie, Barrister, Monckton Chambers

16:00 – 17:30     Dominance Litigation

The range of disputes involving foreclosure and FRAND continues to grow, with 2020 also seeing continued litigation in technology markets. Our Panel will focus on the developments in measuring damage, the As-Efficient Competitor Test, the issues in Standard Essential Patents, and the various forums (including the International Trade Commission).

Josh Holmes QC, Barrister, Monckton Chambers

Dr. Jeffrey Eisenach, Managing Director, NERA Economic Consulting
Sophie Lawrance, Partner, Bristows

Adrien Cevera-Jackson, Associate Director, NERA Economic Consulting
Julianne Kerr Morrison, Barrister, Monckton Chambers


Thursday 10th December


14:00 – 15:30      A Class, Apart—Class Certification Battles

2021 will see class representatives battle for certification. The Panel will discuss the impacts of the Supreme Court on how compensatory Damage is determined and allocated. And what learnings there are from other jurisdictions on how economic evidence is used to challenge class composition.

Philip Moser QC, Barrister, Joint Head of Monckton Chambers

Boris Bronfentrinker, Partner, Co-Head of the Competition Litigation Practice, Quinn Emanuel Urquhart & Sullivan, LLP
Kenny Henderson, Partner, CMS Cameron McKenna Nabaro Olswang LLP
Dr. Lawrence Wu, President, NERA Economic Consulting

Dr. Ai Deng, Associate Director, NERA Economic Consulting
Stefan Kuppen, Barrister, Monckton Chambers

16:00 – 17:30     A Primer on Passing-On

In 2020, the Supreme Court clarified the legal approach to passing-on, but new battlegrounds have emerged for claimant and defendants, direct and indirect purchases, and different class representatives on the expert evidence that will be needed to prove passing-on. The Panel will discuss the legal test and what it means for the evidence and experts needed at trial.

Jon Turner QC, Barrister, Monckton Chambers

Kim Dietzel, Partner, Herbert Smith Freehills
Rob Murray, Partner, Mishcon de Reya
Dr. Nicola Tosini, Associate Director, NERA Economic Consulting

Alan Bates, Barrister, Monckton Chambers
Dr. Philipp Heller, Senior Consultant, NERA Economic Consulting

18:00 – 19:00     Conference Closing and Look Forward to 2021

Our Panel has the pleasure of talking to Christopher Vajda QC, the UK’s former judge at the Court of Justice of the European Union, about the UK’s regime and role in a post-Brexit world. Our Panel will close out the conference with reflections and learnings across the sessions in the conference.

Dr. Lauren Stiroh, Managing Director, Chair of NERA’s Global Antitrust and Competition Practice, NERA Economic Consulting

Christopher Vajda QC, Former UK CJEU Judge, Barrister, Monckton Chambers
Anneli Howard, Barrister, Monckton Chambers
Elizabeth Morony, Partner, Clifford Chance LLP

Click here to register

Monckton – Cambridge Faculty of Law Webinar Series on EU Relations Law

The end of the Brexit transition period is rapidly approaching. Monckton Chambers is delighted to be collaborating with the University of Cambridge to deliver a five-part webinar series on EU Relations Law across October – December, exploring all aspects of this new legal relationship between the UK and EU.

Panels are formed of leading experts from academia, Monckton Chambers and the Judiciary. Please see below details and individual registration links for each one-hour webinar, hosted on Zoom. We look forward to welcoming you at some, or all, of the below events. Please also check out our new EU Relations Law blog, covering all aspects of the Withdrawal Agreement, the future relationship negotiations, and the UK internal market.

The webinars are being held on the following dates:

Webinar 1 – 7 October, 1pm – 2pm  – What is EU Relations Law? The Legal Ecosystem of Brexit

The United Kingdom’s withdrawal from the European Union is of immense political and economic significance. But it also amounts to a legal transformation both internally within the UK and externally in the UK’s relationship with the EU and other countries. A complex legal ecosystem is emerging that draws upon EU law, international law, UK and devolved law in fashioning a set of rules and principles that manage the phenomenon of Brexit. The aim of this webinar is to introduce the salient and novel features of this body of law that we term “EU Relations Law”.

Chair: Professor Kenneth Armstrong, University of Cambridge

Jack Williams, Monckton Chambers – What is EU Relations Law?
Anneli Howard, Monckton Chambers – Key Aspects of the Withdrawal Agreement and Protocol on Ireland/Northern Ireland
Professor Alison Young, University of Cambridge – Key Aspects of the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020
Professor Kenneth Armstrong, University of Cambridge – The Future Relationship – What Type of Agreement (if any?)

Click here to register for this webinar


Webinar 2 – 14 October, 1pm – 2pm  – EU Relations Law – Interpretation, Enforcement and Dispute Resolution

EU Relations Law is more than a body of formal rules. It has an institutional infrastructure that includes institutions for the interpretation and enforcement of that body of law. In examining this institutional dimension, the role of UK and EU courts is of particular interest not least because Brexit put that role and relationship under scrutiny. The seminar aims to evaluate this evolving institutional landscape and the tasks assigned to old and new institutions in shaping EU Relations Law.

Chair: Christopher Vajda, former judge of the Court of Justice of the EU

Professor Takis Tridimas, Kings College London – Enforcement and Dispute Resolution under the Withdrawal Agreement
Dr Emily Hancox, University of Cambridge – Interpreting and Departing from Retained EU Law Case Law
Dr Lorand Bartels, University of Cambridge – Enforcement and Dispute Resolution in the Future Relationship
Jack Williams, Monckton Chambers – Domestic Enforcement and Dispute Resolution

Click here to register for this webinar


Webinar 3 – 25 November, 1pm – 2pm  – The UK Internal Market

Leaving the EU internal market has been a clear domestic policy priority of the UK Government albeit one that has encountered political resistance among the constituent nations of the UK. More directly, the repatriation of regulatory powers to the UK also entails an enhanced role for the devolved governments in the elaboration of domestic regulatory policies. However, the risk that regulatory divergence within the UK might create friction in internal trade in goods and services has prompted the UK Government to propose enshrining a Market Access Commitment in UK law. This webinar explores the thinking behind the UK Government’s proposals for a UK Internal Market and how its squares with the responsibilities and ambitions of the devolved governments.

Chair: Valentina Sloane Q.C., Monckton Chambers

Professor Jo Hunt, University of Cardiff – The UK Internal Market – a Solution in Search of a Problem?
Alan Bates, Monckton Chambers – A Market Access Commitment – The Principles of Mutual Recognition and Non-Discrimination
Professor Kenneth Armstrong, University of Cambridge – The Impact of the UKIM on Devolved Powers in Scotland
Professor Stephen Weatherill, University of Oxford – Two Internal Markets – the Position of Northern Ireland

Click here to register for this webinar


Webinar 4 – 2 December, 1pm – 2pm  – The External Trade Relations

As the UK moves towards the end of the transition period, Brexit will become less about the UK’s departure from the EU and more about its future relationship with the EU and with other trading nations. Ambitions for the future EU-UK economic relationship are limited to the agreement of a free trade agreement. Whether or not even that style of agreement can be concluded, the legal discipline underpinning the EU-UK economic relationship will change markedly. Any new agreement between the EU and UK will have to be implemented in domestic law in the UK adding to the body of statutes that encompass the Brexit process. But looking beyond its relationship with the EU, the UK also needs to find ways of replicating existing trade deals to which it is a party by virtue of EU membership while also seeking out new opportunities to pursue an independent trade policy. This webinar focuses on the emerging external trade policy of the UK and the legal instruments which give it effect.

Chair: Philip Moser Q.C., Monckton Chambers

Professor Catherine Barnard, University of Cambridge – The EU-UK Future Trade Relationship – What Changes?
Gerry Facenna Q.C., Monckton Chambers – Approving and Implementing the New Relationship in Domestic Law
Alexander Horne, Legal Adviser, House of Lords International Agreements Committee – Parliamentary Scrutiny of Trade Agreements
Brendan McGurk, Monckton Chambers – External relations: Ireland and Northern Ireland

Click here to register for this webinar


Webinar 5 – 7 December, 5pm – 6pm  – A Level Playing Field for EU-UK Economic Relations

For both the EU and the UK, protection of their autonomy has defined the terms of their mandates for the negotiations. For the EU, protecting its autonomy means that a zero quotas and zero tariffs free trade agreement gives the UK significant market access that exposes it to potentially unfair competition from the UK unless the UK agrees to abide by level playing field requirements. For the UK, protection of its autonomy means that the UK should be free to define its own regulatory policy and the role of the state in the economy. But it is not just public intervention in the market that is in issue. Brexit will see the UK’s Competition and Markets Authority develop its mandate across its anti-trust and mergers jurisdiction while also potentially acquiring a new state aid control function. In this webinar, we explore how potential distortions to competition will be manage in the new EU relations legal framework.

Chair: Judge Ian Forrester, former judge at the General Court, CJEU

Professor Kenneth Armstrong, University of Cambridge – Regulatory Policy and Level Playing Field Obligations
George Peretz Q.C., Monckton Chambers – State Aid Control
Michael Bowsher Q.C., Monckton Chambers – Procurement
Dr Oke Odudu, University of Cambridge – The Role of the Competition and Markets Authority

Click here to register for this webinar

Monckton Chambers Commercial Litigation & Arbitration Video Roundtables – every Thursday at 5pm

Building on the success of our first three commercial webinars Monckton Chambers has scheduled a further six in the series to be held at 5pm on Thursday over the next six weeks.

If you have not received an invitation but would like to tune in and join the online panel of experts as they discuss and debate these current hot topics in Commercial Litigation and Arbitration, please email and we will send you an invitation.

The webinars are all being held at 5pm-6pm on the following dates:

30 April, 5pm Webinar 4 – The Law of Set Off – when it is available as a defence at law and in equity, which forms of set-off require an express contractual agreement, the extent to which set-off can be contractually excluded?

Speakers: William Buck and Kristina Lukacova


7 May, 5pm Webinar 5 – Anti Suit Injunctions – Where are we now?

Speakers: Steven Gee QC and Kristina Lukacova


14 May, 5pm Webinar 6 – Arbitration & Injunctions – what can you do?

Speakers: Steven Gee QC and Alfred Artley


21 May, 5pm Webinar 7 – Pleading and proving Fraud

Speaker: Steven Gee QC


28 May, 5pm Webinar 8 – Dishonesty Claims – Redress Against the Controllers of Insolvent Companies

Speaker: Gregory Pipe


4 June, 5pm Webinar 9 – GDPR/DPA – A sword and a shield in Commercial Litigation

Speakers: Gerry Facenna QCBrendan McGurkJulianne Morrison and Nikolaus Grubeck.

Monckton Chambers Public Procurement Webinar Series – Monday 27 April, Thursday 30 April and Thursday 7 May

We have just launched our series of three webinars designed by the specialist Procurement team at Monckton Chambers. We are particularly delighted that Christopher Vajda, Judge of the Court of Justice of the European Union 2012-2020, has agreed to provide comments on the matters raised at our third webinar of the series which takes place on 7 May.

If you have not received your invitation but would like to tune in and join the online panel of experts as they discuss and debate these current hot topics in Procurement law, please email and we will send you an invitation.

The three webinars are all being held 4pm – 5pm on the following dates:

27 April, 4pm Webinar 1COVID: Issues in Public Procurement and State Aid arising from Covid; the impact of crisis on Development of Procurement Law

Immediate Procurement Law Issues:
– Maintaining Quality and Transparency in a Crisis; the Place for Direct Awards
– What Sort of Market is this? Do our Current Laws Match the Reality of Current Conditions?
Financial Issues Going Forward – Fraud, Subsidy and State Aid
Contract amendment and material change – Regulation 72 and COVID
Long Term Contract amendment and material change – Regulation 72 and COVID
Impact of the Crisis on Procurement Law – How will Events and Conduct in the Crisis affect Tendering in the Future?

Chair: Philip Moser QC
Speakers: Michael Bowsher QC, Alan Bates, Azeem Suterwalla, Ewan West and Ciar McAndrew


30 April, 4pm Webinar 2UK Procurement Law: Key Current Issues. Lessons from Recent Cases and Key Developments in Practice

Round Up of recent UK Cases; and Practical Lessons from Cases and Guidance. What are the current Challenges and Opportunities in taking Procurement Claims forward in Court?

Chair: Valentina Sloane QC
Speakers: Brendan McGurk, Ewan West, Anneliese Blackwood and Will Perry


7 May, 4pm Webinar 3EU Developments – Brexit and Public Procurement & Recent Procurement Cases in Luxembourg

Where are we now and how will Procurement and State Aid Law develop? What Impact will ongoing Trade Negotiations have on Procurement Law? What are the lessons for UK procurement law from recent cases in the Luxembourg courts? How will retained EU law develop in the English Courts?

Chair: Michael Bowsher QC
Speakers: Philip Moser QC, George Peretz QC and Rob Williams QC

With comments on the matters raised provided by Christopher Vajda, Judge of the Court of Justice of the European Union 2012-2020.

If you have queries with regards these webinars, please contact Steven Duffett in the clerks team.

William Buck speaks on Anti-Arbitration Injunctions at the BVI International Arbitration Conference 2019

On the 21 November 2019, William Buck delivered a speech to delegates at the International Arbitration Conference 2019 held in Tortola in the British Virgin Islands. The bi-annual event attracted delegates from around the whole for the four day conference which covered a range of topics affecting both arbitrations and off-shore litigation. William’s speech was a comparative analysis of the availability of anti-arbitration injunctions in England and Wales and the BVI, with particular focus on the recent leading judgment of the English Court of Appeal in Sabbagh v Khoury [2019] EWCA Civ 1219.

Professor Panos Koutrakos speaks about investment arbitration and EU law at European Central Bank

Professor Panos Koutrakos gave a lecture at the Legal Conference 2019 organised by the European Central Bank on 2-3 September 2019 in Frankfurt. The title of the lecture was ‘What the principle of autonomy of EU law is really about?’. It examined the relevance of EU law to investment arbitration and analysed issues raised in the context of Bilateral Investment Treaties as well as the Energy Charter Treaty in the light of the recent Achmea judgment of the European Court of Justice and Opinion 1/17 on the EU-Canada Comprehensive Economic and Trade Agreement (CETA).

Professor Koutrakos follows these issues closely and has written extensively about them (for instance, ‘The Autonomy of EU law and International Investment Arbitration (2019) 88 Nordic Journal of International Law 41-64).

Professor Carl Baudenbacher advised Icelandic government on European law implications of Third EU Energy Package

The Icelandic Parliament has on 2 September 2019 agreed to the adoption of the adapted Third EU Energy Package. The Icelandic government was advised by Professor Carl Baudenbacher (read here). Baudenbacher also gave oral evidence to the Foreign Committee of the Icelandic Parliament and answered questions on national TV (here).

The Third EU Energy Package, which is intended to open the EU’s gas and electricity markets and boost competition came into force in the EU in 2009.

Iceland’s parliament approved the package with 46 votes in favour and 13 against. The bill was opposed by a group of parliamentarians led by former Prime Minister Sigmundur Davið Gunnlaugsson.

Iceland is part of the European Economic Area (EEA), made up of the EU and its Member States and the three EFTA countries Norway, Iceland and Liechtenstein. Iceland also belongs to the European Free Trade Association (EFTA) which includes said EEA/EFTA countries and Switzerland. Iceland’s approval was needed for the package to come into effect in Iceland itself, Norway and Liechtenstein.