New judgment giving guidance on confidentiality in procurement claims

27 Mar 2017 | by Monckton Chambers

In a short and significant judgment handed down on 24 March 2017, Mr. Justice Coulson has given general guidance on the treatment of confidential information in procurement cases and has signalled a change in the treatment of procurement case files in the Technology & Construction Court. The judgment was given in Bombardier v Merseytravel, a […]

Court of Appeal rejects human rights challenge to social housing rules

27 Mar 2017 | by Monckton Chambers

The Court of Appeal has rejected a challenge under the Human Rights Act 1998 to the legislation governing the right to succeed to a secure tenancy. The Appellant was the long-term partner of the sole tenant to a four-bedroom house owned by the London Borough of Wandsworth. In 2010 there was a breakdown in their […]

Court of Appeal Clarifies the Concept of an Error of Law

16 Mar 2017 | by Monckton Chambers

The Court of Appeal today clarified the circumstances in which a failure by the First Tier Tribunal (FTT) to take account of a relevant ‘Country Guidance’ case when determining an asylum appeal will constitute an error of law: NA (Libya) v Secretary of State for the Home Department. A Country Guidance case is one in […]

EU Court clarifies law on employers’ headscarves bans

15 Mar 2017 | by Monckton Chambers

The EU Court of Justice today handed down two judgments in cases concerning employers’ restrictions on the wearing by employees of Islamic headscarves and religious symbols.  In giving its judgments, the Court has clarified the law on the distinction between the concepts of “direct discrimination” and “indirect discrimination”.  The judgments will be welcomed by the […]

Monckton members secure victory in landmark Court of Appeal case on the detention of unaccompanied children

13 Mar 2017 | by Monckton Chambers

The Court of Appeal has just given judgment in a landmark case concerning the limits on the Home Secretary’s powers to detain unaccompanied children for immigration purposes. In June 2016, the High Court (Sir Stephen Silber) ruled that it was unlawful for the Home Secretary to detain unaccompanied children under her immigration powers for any […]

BT and Ofcom reach agreement on future governance of Openreach – Anneli Howard and Daisy Mackersie act for BT/Openreach

13 Mar 2017 | by Monckton Chambers

BT had agreed to “legally separate” Openreach. For the last two years, Anneli Howard has been advising BT on the extent of OFCOM’s legal powers regarding its regulation of access to broadband infrastructure as part of its Strategic Review of Digital Communications.  In particular, Ofcom has been consulting on proposals to split Openreach –  the […]

Court of Appeal rejects challenge to the UK’s rules on free movement

02 Mar 2017 | by Monckton Chambers

The Court of Appeal this week rejected a challenge to the UK’s rules on the rights of non-EU nationals who are, or have been, family members of EU nationals residing in the UK: Shakeel Ahmed v Secretary of State for the Home Department [2017] EWCA Civ 99. The Appellant, a national of Pakistan, was the […]

Employment Tribunal dismisses test claims alleging changes to Firefighters’ pension arrangements are discriminatory

17 Feb 2017 | by Monckton Chambers

In a judgment handed down this week, the Employment Tribunal dismissed all test claims brought by five firefighters alleging that transitional arrangements included in the Firefighters’ Pension Scheme 2015 are discriminatory. The changes to firefighters’ pensions were part of the wide-ranging public sector pension reforms brought in after the 2011 Hutton Report concluded that since […]

Challenge to Sale of Arms to Saudi Arabia before High Court

13 Feb 2017 | by Conor McCarthy

The High Court has heard a challenge brought by Campaign Against Arms Trade (“CAAT”) in respect of the granting of licences by the United Kingdom in respect of the sale of arms to Saudi Arabia for use in its military operations in Yemen. Yemen is presently engulfed in a bloody civil war in which  Houthi […]

Court of Appeal agrees in Test Case that the Department of Work and Pensions was required to award £120,000 to boy suffering from narcolepsy with cataplexy caused by H1n1 vaccine

09 Feb 2017 | by Monckton Chambers

In a judgment in a test case handed down today, the Court of Appeal upheld tribunal judgments awarding a boy (known as “John”) £120,000 under the Vaccine Damages Payments Act 1979 (“the Act”). It was agreed that John’s narcolepsy with cataplexy was caused by his vaccination against H1N1 flu in 2009.  He has sudden attacks of day-time […]