High Court sides with the CMA on the meaning of consumer protection law

09 Nov 2018 | by Monckton Chambers

The High Court has held that, where a trader acts misleadingly during a test purchase by a local trading standards officer, it breaches consumer protection law, even if the officer is not acting as a consumer within the meaning of the relevant legislation: Warwickshire County Council v Halfords Autocentres Limited and Competition and Markets Authority […]

Suspension lifted in Deep Tube Procurement claims

08 Nov 2018 | by Monckton Chambers

In the latest High Court ruling on a procurement suspension, Mrs Justice O’ Farrell determined that the suspension should be lifted in claims by Alstom, Hitachi and Bombardier against London Underground Limited (LUL). The procurement concerned a procurement under the 2006 utilities rules concerning 94 new trains for the Piccadilly Line, together with technical support […]

Rules on social housing do not breach human rights

19 Oct 2018 | by Monckton Chambers

The High Court has held that the statutory rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR): London Borough of Haringey v Simawi and Secretary of State for […]

Automatic suspension to be maintained until trial – Michael Bowsher QC and Ligia Osepciu, representing Central Surrey Health, win first stage in procurement challenge

19 Oct 2018 | by Monckton Chambers

Social enterprise company Central Surrey Health (CSH) has won the first stage in a public procurement challenge against clinical commissioning group, NHS Surrey Downs CCG.   The case centred on whether the commissioners could continue with a contract CSH had originally been part of, but from which they claim they were subsequently “marginalised”. In yesterday’s High […]

Court of Session asks CJEU whether Brexit can legally be reversed

21 Sep 2018 | by Monckton Chambers

The Inner House of the Court of Session has decided to make a reference to the CJEU for a preliminary ruling on the question of whether the United Kingdom can withdraw the notification of its intention to leave the EU under Article 50 TEU. The petition was brought by Andy Wightman MSP and others, including […]

Landmark ECHR Judgment on State Surveillance Powers

13 Sep 2018 | by Monckton Chambers

Today’s judgment by the European Court of Human Rights (ECHR) in Strasbourg presents a significant win for the Applicants behind the three joined cases of Big Brother Watch v. the United Kingdom, Bureau of Investigative Journalism v. the United Kingdom and Ten Human Rights NGOs v. the United Kingdom. The landmark judgment marks the court’s […]

Google challenges global enforcement of EU “right to be forgotten”- Gerry Facenna QC and Eric Metcalfe act for intervening NGOs in the CJEU

11 Sep 2018 | by Monckton Chambers

The CJEU is today hearing a dispute between Google and the French data protection agency, the Commission Nationale de l’Informatique et des Libertés (CNIL), concerning global enforcement of the CJEU’s landmark 2014 “right to be forgotten” ruling (Google Spain v Gonzalez et al), which requires Google and other search providers to suppress certain search results […]

European Court of Justice – UK pension protection rules are contrary to EU law

10 Sep 2018 | by Monckton Chambers

The CJEU has concluded that the restrictions on the compensation payable by the UK Pension Protection Fund (PPF) to employees of insolvent companies are contrary to Directive 2008/94/EC (the Insolvency Directive). The Court of Appeal referred the case to the CJEU in July 2016. The CJEU judgment confirms that, when their employer becomes insolvent, “every […]