Brendan McGurk successfully defends Italian Rugby’s Marco Fuser

19 Oct 2017 | by Monckton Chambers

Brendan McGurk has successfully defended Italy and Benetton Lock, Marco Fuser, following his citing for an alleged bite on Francois Louw during the European Champions Cup clash between Bath and Benetton on 14 October 2017. Louw was also cited in the same incident for making contact with Fuser’s eye. Following a hearing before the EPCR […]

CAT upholds CMA’s Infringement Decision in Galvanised Steel Tanks Information Exchange

06 Oct 2017 | by Monckton Chambers

The Competition Appeal Tribunal has dismissed an appeal by Balmoral Tanks against the CMA’s decision finding that Balmoral and its competitors infringed competition law by exchanging commercially sensitive information with respect to galvanised steel tanks.  The CMA found that an information exchange at a single meeting in July 2012 sufficed to establish the infringement. The […]

High Court reduces the temporal scope of the Air Cargo damages claims

04 Oct 2017 | by Monckton Chambers

In the latest in a series of interim judgments in the Air Cargo cartel damages claims, which are being brought in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation […]

Mark Brealey QC successful before Supreme Court of Mauritius as Court Awards Damages to Mobile Phone Operator

29 Sep 2017 | by Monckton Chambers

On 9 August 2017, the Supreme Court of Mauritius awarded Emtel, a mobile phone operator in Mauritius, £13 million damages in respect of loss suffered as a result of cross-subsidies granted by Mauritius Telecom (“MT”), the monopoly fixed line operator, to its mobile phone subsidiary, Cellplus. The Claimant, Emtel, was the first mobile phone operator […]

Uber loses London licence due to lack of corporate responsibility – Julianne Kerr Morrison advises on GMB campaign

22 Sep 2017 | by Monckton Chambers

Julianne Kerr Morrison was instructed by Leigh Day, acting on behalf of the union GMB, which sent the TfL a letter before action which threatened TfL with a judicial review if it did not impose conditions on Uber’s Private Hire Vehicle (PHV) Operator’s licence. Today’s announcement that Uber has been stripped of its London licence is seen […]

Western Sahara Trade Dispute in the Court of Justice of the European Union

06 Sep 2017 | by Monckton Chambers

Today, in the Grand Chamber of the Court of Justice of the European Union (CJEU) oral submissions are being heard on behalf of the Western Sahara Campaign UK (WSCUK) in its challenge against the legality of the EU – Morocco Fisheries Partnership Agreement. Conor McCarthy, led by Kieron Beal QC, represents the WSCUK. WSCUK argue […]

The UT concludes that whether an excise duty point can arise in the UK’s control zone in France is a question that can only be determined in condemnation proceedings

01 Sep 2017 | by Monckton Chambers

The key question for the Upper Tribunal in the recent decision in Denley v HMRC was whether the Excise Goods (Holding, Movement and Duty Point) Regulations 2010  were in breach of the EU Excise Directive (Directive 92/12/EEC). The Appellant was stopped and questioned in Coquelles, the UK’s control zone by the entry to the Channel Tunnel in […]

E-commerce restrictions – Shoppers cannot be denied the right to buy goods online as CMA fines Ping £1.45m for unjustified online sales ban.

24 Aug 2017 | by Monckton Chambers

In a landmark move, the Competition and Markets Authority (CMA) has found that Ping, one of Britain’s biggest golf club manufacturers, has breached UK and EU competition law by preventing two UK retailers from selling its golf clubs online. As well as the fine of £1.45m, Ping is required to bring the online sales ban […]