Brendan McGurk successfully defends MoD from civil claims arising out of the UK’s role in Kosovo

04 Aug 2016 | by Claire Alderman

The High Court has determined a series of preliminary issues arising out of claims brought by three individuals whose family members were murdered by unknown third parties in the immediate aftermath of the withdrawal of Slobodan Milosovic’s forces from Kosovo in June 1999. Milosovic’s withdrawal followed Nato operations to which the UK contributed. Following the […]

General Court rejects John Bredenkamp’s damages claim

01 Aug 2016 | by Daiva Eitkeviciene

Case T-66/14 Bredenkamp & Ors v Council, 21st July 2016 The General Court of the CJEU has rejected an application for damages brought by Zimbabwean businessman John Bredenkamp, and 3 companies owned by him, for damages for loss caused by their listing on the EU’s Zimbabwe sanctions list. The court held that the applicants’ listing […]

High Court holds that Napp Pharmaceuticals was not entitled to a period of data exclusivity for its analgesic skin patch under the Article 10(3) hybrid-abridged procedure

29 Jul 2016 | by Claire Alderman

In a judgment handed down today, Mrs Justice Whipple rejected an attempt by Napp to assert a period of data exclusivity for “bridging data” provided by it in support of its application for a marketing authorisation (MA) for its product BuTrans®/Norspan® under the “hybrid-abridged” procedure laid down in Article 10(3) of the Medicines Directive (Directive […]

Gerry Facenna QC and James Bourke secure Court of Appeal reference to the European Court of Justice on the PPF pensions cap and indexation rules

28 Jul 2016 | by Monckton Chambers

In a judgment handed down today, 28 July 2016, the Court of Appeal has decided to refer questions to the EU Court of Justice on whether limitations on the compensation paid by the Pension Protection Fund (PPF) to former employees of insolvent employers are consistent with Directive 2008/94/EC (the Insolvency Directive). The PPF is the […]

Kassie Smith QC wins judicial review of BVI telecoms regulator’s decision on margin squeeze for Cable & Wireless

27 Jul 2016 | by Claire Alderman

The High Court of the British Virgin Islands (“BVI”) has just handed down judgment in a claim brought by Cable & Wireless (BVI) Ltd (“LIME BVI”) for judicial review of the decision of the BVI Telecommunications Regulatory Commission (“TRC”) finding that LIME BVI had engaged in an anti-competitive margin squeeze in breach of the requirements […]

Kassie Smith QC and Brendan McGurk success in private healthcare appeal

25 Jul 2016 | by Daiva Eitkeviciene

The Court of Appeal handed down judgment today in the appeal brought by the Federation of Independent Practitioners (“FIPO”) from the Competition Appeal Tribunal’s (“CAT”) judgment of 29 April 2015.  FIPO had challenged the CMA’s finding that buyer power on the part of private medical insurers (“PMIs”) did not lead to an adverse effect on […]

Council’s funding cut to short breaks for disabled children held unlawful

22 Jul 2016 | by Daiva Eitkeviciene

The High Court has held today (22 July 2016) that the decision by West Berkshire Council to reduce funding to voluntary sector providers of short breaks to disabled children was unlawful. Steve Broach acted for the Claimants, instructed by Irwin Mitchell LLP. The claim arose out of a decision, as part of the council’s budget […]

Brendan McGurk successfully defends first penalty appeal on behalf of Claims Management Regulator

18 Jul 2016 | by Daiva Eitkeviciene

The Claims Management Regulator regulates companies providing claims management services. Such companies (who seek clients who might wish to bring personal injury claims or claims for financial mis-selling) are subject to conditions of authorisation on the same model as entities conducting regulated activity must be authorised under FSMA 2000. The CMR has been granted a […]