New judgment giving guidance on confidentiality in procurement claims

27 Mar 2017 | by Monckton Chambers

In a short and significant judgment handed down on 24 March 2017, Mr. Justice Coulson has given general guidance on the treatment of confidential information in procurement cases and has signalled a change in the treatment of procurement case files in the Technology & Construction Court. The judgment was given in Bombardier v Merseytravel, a […]

Court of Appeal rejects human rights challenge to social housing rules

27 Mar 2017 | by Monckton Chambers

The Court of Appeal has rejected a challenge under the Human Rights Act 1998 to the legislation governing the right to succeed to a secure tenancy. The Appellant was the long-term partner of the sole tenant to a four-bedroom house owned by the London Borough of Wandsworth. In 2010 there was a breakdown in their […]

Monckton Chambers supports The Cambridge International and European Law Conference 2017 “Transforming Institutions”

27 Mar 2017 | by Monckton Chambers

Monckton Chambers was delighted to continue with its support of this prestigious annual event, organised by the Cambridge International Law Journal and held in association with the Centre for European Legal Studies. This year’s programme included Monckton’s Anneli Howard chairing the session on Institutional Transformations and the Court of Justice of the European Union and […]

Chambers Global 2017 – Recognition in Competition Law, Construction and Dispute Resolution

20 Mar 2017 | by Monckton Chambers

Chambers Global 2017 has just been published. Covering 190 countries worldwide and also includes region-wide and global-wide sections, the Guide recognising the world’s best lawyers. Monckton Chambers is one of four sets to be recognised for COMPETITION LAW (THE BAR) — UK and one of only two in the leading band. Individual Monckton members ranked for this […]

Court of Appeal Clarifies the Concept of an Error of Law

16 Mar 2017 | by Monckton Chambers

The Court of Appeal today clarified the circumstances in which a failure by the First Tier Tribunal (FTT) to take account of a relevant ‘Country Guidance’ case when determining an asylum appeal will constitute an error of law: NA (Libya) v Secretary of State for the Home Department. A Country Guidance case is one in […]

EU Court clarifies law on employers’ headscarves bans

15 Mar 2017 | by Monckton Chambers

The EU Court of Justice today handed down two judgments in cases concerning employers’ restrictions on the wearing by employees of Islamic headscarves and religious symbols.  In giving its judgments, the Court has clarified the law on the distinction between the concepts of “direct discrimination” and “indirect discrimination”.  The judgments will be welcomed by the […]

Monckton members secure victory in landmark Court of Appeal case on the detention of unaccompanied children

13 Mar 2017 | by Monckton Chambers

The Court of Appeal has just given judgment in a landmark case concerning the limits on the Home Secretary’s powers to detain unaccompanied children for immigration purposes. In June 2016, the High Court (Sir Stephen Silber) ruled that it was unlawful for the Home Secretary to detain unaccompanied children under her immigration powers for any […]

BT and Ofcom reach agreement on future governance of Openreach – Anneli Howard and Daisy Mackersie act for BT/Openreach

13 Mar 2017 | by Monckton Chambers

BT had agreed to “legally separate” Openreach. For the last two years, Anneli Howard has been advising BT on the extent of OFCOM’s legal powers regarding its regulation of access to broadband infrastructure as part of its Strategic Review of Digital Communications.  In particular, Ofcom has been consulting on proposals to split Openreach –  the […]

British-American Tobacco Ltd v HMRC First-tier Tribunal (Tax Chamber), 14 February 2017; [2017] UKFTT 167 (TC): Tribunal clarifies tobacco manufacturers’ anti-smuggling duties

07 Mar 2017 | by Monckton Chambers

In a judgment handed down in final form last week, the First Tier Tax Tribunal provided the first ruling on the penalty provisions of section 7 A-C of the Tobacco Products Duty Act 1979 (“TDPA”). In this test case, British-American Tobacco (“BAT”) appealed against a £650,000 penalty imposed by HMRC. Section 7A TPDA places a […]

Court of Appeal rejects challenge to the UK’s rules on free movement

02 Mar 2017 | by Monckton Chambers

The Court of Appeal this week rejected a challenge to the UK’s rules on the rights of non-EU nationals who are, or have been, family members of EU nationals residing in the UK: Shakeel Ahmed v Secretary of State for the Home Department [2017] EWCA Civ 99. The Appellant, a national of Pakistan, was the […]