Ben Lask and Harry Gillow win in the Court of Appeal: Secretary of State for the Home Department v Denis Viscu [2019] EWCA Civ 1052

20 Jun 2019 | by Monckton Chambers

In a judgment handed down today, the Court of Appeal has decided that the term “imprisonment” in the Immigration (EEA) Regulations 2016 includes custodial sentences passed on minors and young offenders. The result is that, in principle, such sentences break the continuity of residence that is required in order for a person to enjoy the […]

Jeremy McBride and the Ukrainian Helsinki Human Rights Union – intervention taken into account as requirement for anti-corruption activists in Ukraine to declare assets held unconstitutional

10 Jun 2019 | by Monckton Chambers

The Constitutional Court of Ukraine has declared unconstitutional the clauses of the law on preventing corruption which had obliged representatives of public anti-corruption organisations to submit their asset declarations. This ruling took into account of an amicus curiae intervention prepared by Jeremy McBride with the Ukrainian Helsinki Human Rights Union, in which it had been […]

Court of Appeal holds MIB liable for accident on private land – Philip Moser QC acts for successful respondent

05 Jun 2019 | by Monckton Chambers

Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909 Court of Appeal (Henderson LJ, Flaux LJ and Sir Stephen Richards); 5th June 2019 The Motor Insurers’ Bureau (“MIB”) appealed against the decision of Soole J that the EU Motor Insurance Directive (Directive 2009/103/EC) had direct effect against the MIB as an emanation of the state […]

Jeremy McBride represents Ilgar Mammadov on first request made by the Committee of Ministers of the Council of Europe in Grand Chamber of the European Court of Human Rights

30 May 2019 | by Monckton Chambers

The Grand Chamber of the European Court of Human Rights has given its ruling on the first request made by the Committee of Ministers of the Council of Europe under the infringement procedure introduced in 2010 into the European Convention on Human Rights by Article 46 § 4. The request had concerned the Court’s judgment […]

Gerry Facenna QC and Eric Metcalfe acting for the Information Commissioner in facial recognition case

24 May 2019 | by Monckton Chambers

Gerry Facenna QC and Eric Metcalfe are acting for the Information Commissioner in the claim brought by Ed Bridges, supported by the campaign group Liberty, challenging the use of automated facial recognition technology by South Wales police, which is the lead UK police force trialling the technology. Three UK forces have used facial recognition in […]

Daniel Beard QC successfully represents the Competition Commission of Hong Kong in first cartel case under new law

17 May 2019 | by Monckton Chambers

Competition Commission v W Hing and others CTEA 2/2017; [2019] HKCT3 The Hong Kong Competition Tribunal ruled today on the first cartel case brought under the new HK competition law. The Competition Commission of Hong Kong brought a prosecution against 10 contractors on a major public housing project. The contractors were found to have engaged […]

Majority of Supreme Court holds that benefit cap does not contravene Article 14 ECHR

16 May 2019 | by Monckton Chambers

The Supreme Court has today handed down its long-awaited decision in the “benefit cap” appeals. In a lengthy judgment, comprising separate judgments from five of the seven members of the panel that heard the appeals, the Court has dismissed the appeals by a majority of 5:2 (Lady Hale PSC and Lord Kerr JSC dissenting). The […]

Heathrow third runway scheme survives competition law challenge

01 May 2019 | by Monckton Chambers

The High Court has today handed down judgment in R (Heathrow Hub Ltd) v Secretary of State for Transport [2019] EWHC 1069 (Admin). Heathrow Hub Ltd had challenged the Government’s decision to adopt a National Policy Statement favouring the expansion of Heathrow by way of a new runway to the north-west of the existing ones, […]

High Court rules on binding findings in Servier

17 Apr 2019 | by Monckton Chambers

The High Court has today handed down judgment in Secretary of State for Health and others v Servier Laboratories Limited [2019] EWHC 1004 (Ch). The High Court rejected Servier’s arguments that findings of fact made by the General Court in its judgment in Servier v Commission Case T-691/14 handed down on 12 December 2018 would […]