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 […]

Ban on internet sales breaches Competition Law – CMA prevails in the CAT

07 Sep 2018 | by Monckton Chambers

In a judgment handed down today, the CAT upheld the CMA’s August 2017 decision finding that the internet sales ban operated by Ping Europe Limited infringed the prohibition in Chapter I of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union. The judgment represents the first time […]

Supreme Court holds bereavement benefit rules are unlawfully discriminatory

03 Sep 2018 | by Steve Broach

In a widely publicised ruling, the Supreme Court has held that the scheme in Northern Ireland governing payment of Widowed Parents’ Allowance unlawfully discriminates against unmarried parents. The judgment of the majority focused closely on the implications for children affected by this differential treatment. Steve Broach acted for the National Children’s Bureau in its intervention […]

Local authority cuts to libraries held unlawful

14 Aug 2018 | by Monckton Chambers

The High Court has held that decisions made by Northamptonshire County Council (‘Northamptonshire’) on the future of library services across the County (‘Libraries’) which would have resulted in the closure of 60% of its Libraries, were unlawful. Mrs Justice Yip DBE held that Northamptonshire had made its decision to close the libraries without balancing its […]

Equality Act exclusion breaches human rights of autistic children

14 Aug 2018 | by Monckton Chambers

The Upper Tribunal has held that regulations under the Equality Act 2010 excluding children who have a ‘tendency to physical abuse’ from the protection of the Act give rise to unlawful discrimination under Article 14 ECHR insofar as they apply to children with impairments which give rise to an enhanced risk of physical aggression. Judge […]

Local authority cuts to special educational needs funding held unlawful

06 Aug 2018 | by Monckton Chambers

The High Court has held that cuts made by Bristol City Council (‘Bristol’) to the funding available for services for children and young people with special educational needs and disabilities (‘SEND’) were unlawful. His Honour Judge Cotter QC (sitting as a Deputy High Court Judge) held that Bristol were obliged both under statute and common […]