Government Wins Article 50 Challenge In High Court Of Northern Ireland

28 Oct 2016 | by George Peretz QC

In a judgment released this morning (here) the High Court of Northern Ireland (Maguire J) rejected various challenges brought under Northern Ireland law to the Government’s position that it can invoke Article 50 TEU under the Royal Prerogative. The challenges that were decided by the Court were all based on aspects of the constitutional settlement […]

Article 50 Challenge: Update from Day Two

18 Oct 2016 | by Philip Woolfe

The hearing continued yesterday of the judicial review challenging the Government’s position that it can trigger Article 50 without recourse to an Act of Parliament. The full transcript is available here, or you can read our summary below. The day began with the Court raising the issue that the lead claimant, Ms Gina Miller, has […]

‘Hot-tubbing’ directed in CAT’s first fast-track case

17 Oct 2016 | by Imogen Proud

Last Friday saw the pre-trial review in Socrates Training Limited v The Law Society – the first fast-track case in the Competition Appeal Tribunal. The fast track procedure was introduced in 2015 and is designed to bring smaller competition cases to trial more swiftly and cost-efficiently. Socrates, a company providing professional training to law firms, […]

Article 50 Challenge: Update from Day One

14 Oct 2016 | by Philip Woolfe

As we wrote yesterday (see here) the hearing has now started of the High Court challenges to the Government’s position that it can trigger Article 50 by use of the royal prerogative and without the need for an Act of Parliament. Those challenges are based on domestic principles of constitutional law. If you’re interested in […]

Article 50 challenges in Court today

13 Oct 2016 | by Philip Woolfe

Today sees the start of the hearing in the High Court of the so-called “Article 50 challenges” – the judicial review proceedings brought by two claimants (and supported by several groups of interveners) which argue that a Parliamentary vote is needed before the Article 50 process for Britain leaving the EU can be triggered. The […]

Article 50 litigation: Government’s skeleton argument published

07 Oct 2016 | by Gerry Facenna QC

Today the Government has published its full skeleton argument in the Article 50 litigation to be heard in the High Court on 13, 17 and (now also) 18 October 2016. The Government’s full skeleton argument can be found here. The People’s Challenge Interested Parties have also filed in response a note clarifying a mistaken assertion […]

Gerry Facenna QC, Daisy Mackersie and David Gregory successfully defend Environment Agency’s decision on water abstraction at Catfield Fen under the Habitats Directive

19 Sep 2016 | by Daiva Eitkeviciene

Monckton counsel have successfully defended the Environment Agency’s decision not to renew water abstraction licences near to Catfield Fen in Norfolk.  The applications were to allow the continued use of groundwater for agricultural purposes from existing abstraction sites near to a Special Area of Conservation protected by the EU Habitats Directive.  Catfield Fen contains calcareous […]

General Court upholds Commission ”Pay for Delay” decision in the Lundbeck case

09 Sep 2016 | by Daiva Eitkeviciene

The General Court of the EU yesterday dismissed appeals by Lundbeck, the leading pharmaceutical company, and a number of manufacturers of generic products, against a Commission decision finding that they were party to agreements that infringed EU competition rules and imposing fines. The case concerned citalopram, a widely-used treatment for mental health conditions.  The agreements […]

Monckton Chambers secures landmark victory in landfill tax judicial review

08 Sep 2016 | by Daiva Eitkeviciene

On 25 July 2016 Mr Justice Nugee dismissed claims for judicial review brought by the Veolia and Viridor group of companies in relation to HMRC’s demands for very substantial payments of landfill tax. The claims were brought on the basis that Revenue and Customs Brief 58/08  dated 22 December 2008 gave rise to a legitimate […]