Gender Reassignment – The Legal Saga Continues

11 Aug 2017 | by Monckton Chambers

The Upper Tribunal has given judgment in the latest round of litigation concerning the compatibility of the UK’s legislative scheme for gender reassignment with EU law. In Secretary of State for Work and Pensions v HY (RP) [2017] UKUT 303 (AAC), the Upper Tribunal allowed the Secretary of State’s appeals against two decisions of the […]

NHS England’s refusal to fund treatment for 7 year-old boy unlawful

08 Aug 2017 | by Monckton Chambers

Mrs Justice Andrews has found the decision of NHS England to refuse to fund treatment for a 7 year-old boy with an inherited metabolic disorder, Phenylketonuria (PKU), to be irrational and unlawful. PKU is a condition which inhibits the ability to digest protein and prevents the body from breaking down an amino acid called phenylalanine. […]

CAT allows BT’s appeal against Ofcom’s BCMR

27 Jul 2017 | by Monckton Chambers

  The Competition Appeal Tribunal has issued a ruling declaring that Ofcom erred in its Business Connectivity Market Review (BCMR), and quashing the market definition decisions upon which Ofcom’s “dark fibre” remedy was based. In its BCMR Statement, which was published in April 2016, Ofcom defined various markets for the provision of “business connectivity” services, […]

UK Legislation on Sporting Services found to be in Breach of EU Law

13 Jul 2017 | by Daiva Eitkeviciene

This morning the Court of Justice delivered its Judgment in London Borough of Ealing v HMRC (Case C-633/15) in which the Court decided that the exclusion from the sporting exemption for which Note 3 to Group 10 of Schedule 9 provides is in breach of Directive 2006/112/EC. This Judgment means that those public bodies who […]

High Court rules that government’s “benefit cap” is unlawful

22 Jun 2017 | by Monckton Chambers

In a high-profile judgment DA and others v SSWP handed down today, the High Court (Collins J) has declared that the government’s controversial “benefit cap” policy is unlawful. An earlier version of the policy was considered by the Supreme Court in SG, in which the Supreme Court narrowly (by a 3-2 majority) ruled that the […]