Judgments in Servier ‘Pay for Delay’ Appeals

17 Dec 2018 | by Monckton Chambers

The General Court (‘GC’) of the European Union has confirmed the Commission’s Decision that certain patent settlement agreements may be restrictive of competition by object but has upheld in part certain aspects of the appeals against the Decision, including Servier’s appeal in relation to a finding of an abuse of a dominant position in relation […]

Early dismissal of a £39m Commercial Court fraud and conspiracy claim

12 Dec 2018 | by Monckton Chambers

A £39 million Commercial Court fraud and conspiracy claim has been struck out and summary judgment entered in the Defendants’ favour.The Claimant had been majority shareholder of Allerton Group Limited (“AGL”), the parent of a group involving steel fabrication and bridge building. The group entered administration in 2009 as a result of cashflow pressures. The […]

CJEU Advocate General concludes that notice under Article 50 TEU is unilaterally revocable

04 Dec 2018 | by Monckton Chambers

The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. In his opinion, Advocate General Campos Sánchez-Bordona concludes: “When a Member State has notified the European Council of its intention to withdraw from the European Union, […]

Is the Article 50 notice revocable?

29 Nov 2018 | by Monckton Chambers

Photo credit: Court of Justice of the European Union On Tuesday 27 November, Gerry Facenna QC and Anneli Howard appeared before the Full Court of Justice of the European Union on behalf of two Members of Parliament, Chris Leslie MP (Lab) and Tom Brake MP (Lib Dem) in the urgent preliminary reference case concerning the […]

CMA secures final enforcement order against viagogo

27 Nov 2018 | by Monckton Chambers

Today, in proceedings brought by the CMA, the High Court (Mr Justice Nugee) has made an enforcement order under sections 217 and 219A of the Enterprise Act 2002 against viagogo, the operator of a secondary ticketing platform. The Court had been due to hear an application by the CMA for an interim enforcement order this […]

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 […]