Single market challenge: Adrian Yalland and Peter Wilding v SSEU (Article 127 EEA)

23 Jan 2017 | by Monckton Chambers

Monckton Chambers’ members are advising on a challenge to the Government’s plan for the United Kingdom to leave the single market. The claim was commenced by two members of the think-tank British Influence on 29 December 2016.  The claim challenges the Government’s statement that the United Kingdom automatically leaves the European Economic Area following its […]

CAT dismisses claim for interim relief in Phenytoin challenge

20 Jan 2017 | by Monckton Chambers

The Competition Appeal Tribunal (Peter Freeman QC) has rejected an urgent application by Flynn Pharma for interim relief against the CMA’s decision that Flynn should reduce its prices of Phenytoin capsules with effect from Monday.  The Directions form part of the CMA’s decision of 7 December 2016 in which it found that Flynn’s prices (and […]

Supreme Court hands down three judgments in landmark human rights cases – Serdar Mohammed, Al Waheed, Belhaj and Rahmatullah

17 Jan 2017 | by Monckton Chambers

The Supreme Court has handed down three important judgments which are expected to have significant impact on the protection of human rights overseas. Serdar Mohammed v Ministry of Defence & Al Waheed v Ministry of Defence [2017] UKSC 2 (available here) concerned the capture of individuals by UK forces in Afghanistan and Iraq. Following two hearings […]

Anneli Howard advises The Civil Aviation Authority (CAA) in its first competition investigation as East Midlands International Airport Limited (EMIA) and Prestige Parking Limited admit to price fixing.

22 Dec 2016 | by Anneli Howard

The CAA has issued a final infringement decision that East Midlands International Airport Limited (EMIA) and Prestige Parking Limited broke competition law by agreeing to fix prices of car parking services at East Midlands International Airport.  See full CAA press release. Anneli  Howard , acting as the CAA’s Standing Counsel, advised the CAA from the […]

Court of Appeal rejects sector-wide challenge to the landfill tax

15 Dec 2016 | by Melanie Hall QC

The Court of Appeal released its judgment in Patersons v HMRC on 7 December. All three Lord Justices of Appeal rejected a test case brought on behalf of the entire landfill sector. For the third time, the courts have rejected the argument that because landfill site operators convert methane (a bi-product of biodegrading waste), into […]

Secretary of State for Health successful in standardised packaging appeal

02 Dec 2016 | by Ian Rogers QC

On 30 November 2016 the Court of Appeal (Lewison LJ, Beatson LJ, Sir Stephen Richards) handed down judgment in R (British American Tobacco and others) v Secretary of State for Health [2016] EWCA Civ 1182. The Court rejected all of the tobacco companies’ grounds of appeal and confirmed the earlier conclusion of the High Court […]

Consent to further prosecution following extradition found to breach International Covenant on Civil and Political Rights

21 Nov 2016 | by Jeremy McBride

The United Nations Human Rights Committee has ruled in Saxena v. Canada (Communication no. 2118/2011, 3 November 2016) that the consent by Canada to the prosecution of Mr Rakesh Saxena for two offences after his extradition to Thailand to face criminal charges for conspiracy to embezzle money from the Bangkok Bank of Commerce had resulted […]