The Law Society found to have breached Competition Act

26 May 2017 | by Monckton Chambers

The Tribunal has today handed down judgment in Socrates Training Limited v The Law Society, the first Fast-Track case in the Competition Appeal Tribunal, which concerned the Law Society’s training requirements under its Conveyancing Quality Scheme (“CQS”). Socrates claimed that, as the only supplier of accreditation for conveyancing solicitors, The Law Society held a dominant […]

High Court rules on Heathrow / Crossrail access dispute

26 May 2017 | by Monckton Chambers

Heathrow Airport Ltd v Office of Rail & Road [2017] EWHC 1290 (Admin) The High Court (Ouseley J.) has dismissed a judicial review challenge by Heathrow Airport to the decision of the Office of Rail & Road concerning Heathrow’s ability to impose track access charges on Crossrail reflecting the costs of building the Heathrow rail […]

Irish Supreme Court holds third party funding prohibited by maintenance and champerty but expresses “disquiet”

24 May 2017 | by Monckton Chambers

Persona Digital Telephony Ltd v. The Minister for Public Enterprise, Ireland and the Attorney General. The Irish Supreme Court, in a 4-1 decision, has decided that a third party funding agreement between a plaintiff and an English third party funder, Harbour Litigation Limited is contrary to the laws on maintenance and champerty under ancient statutes […]

Mobility scooters ‘opt out’ class action abandoned

12 May 2017 | by Monckton Chambers

The first ever application for a Collective Proceedings Order (CPO) for an ‘opt out’ competition law class action is to be withdrawn. An order published on the Competition Appeal Tribunal’s website today confirms that the applicant for the CPO “has decided not to pursue her application“. By the CPO application (which was the first to […]

Supreme Court rules no requirement to issue claim within standstill period, but damages only available for “sufficiently serious” breach

03 May 2017 | by Monckton Chambers

On 11 April 2017 the Supreme Court handed down its judgment in Energysolutions EU Limited (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority [2017] UKSC 34. A link to the Monckton Chambers case note is here. Ewan West acted for ATK Energy EU Ltd throughout the Magnox Contract litigation and appeared for ATK before […]

Supreme Court stubs out Big Tobacco’s judicial review of UK plain packaging laws

13 Apr 2017 | by Monckton Chambers

The Supreme Court (Lord Mance, Lord Sumption and Lord Carnwath), on 11 April 2017, refused applications by British American Tobacco and Japan Tobacco International for permission to appeal against the Court of Appeal judgment in in R (British American Tobacco and others) v Secretary of State for Health [2016] EWCA Civ 1182. This brings to […]

Supreme Court rejects end consumers’ unjust enrichment and EU law claims to recover mistakenly-paid VAT direct from HM Revenue & Customs

12 Apr 2017 | by Monckton Chambers

The Supreme Court has unanimously allowed HM Revenue & Customs’ appeal and dismissed the ITCs’ cross-appeal in both parties’ appeals from the Court of Appeal’s decision, [2015] EWCA Civ 82. In HMRC’s appeal, the Supreme Court held that (1) the ITCs, as end customers, had no direct claim against HMRC in the English law of […]