Paul Harris QC leads for claimants in Merricks v Mastercard: Collective proceedings in competition law revitalised by Court of Appeal

17 Apr 2019 | by Monckton Chambers

On 16 April 2019, the Court of Appeal allowed Mr Merrick’s appeal from the Competition Appeal Tribunal’s (“CAT”) refusal to grant a collective proceedings order (“CPO”). The CAT’s order is, accordingly, set aside and the application for certification is remitted to the CAT for a re-hearing. Paul Harris QC leads on behalf of the claimants […]

Wiltshire Council withdraws proposals for special school closure

28 Mar 2019 | by Monckton Chambers

Wiltshire Council has withdrawn its proposals which may have led to the closure of two special schools, after permission to apply for judicial review was granted by the High Court in relation to the proposals. The Claimants, being groups supporting the two schools, were represented by Ian Wise QC (at the permission hearing) and Steve […]

High Court Grants Declaratory Relief regarding imports from Morocco relating to Western Sahara

21 Mar 2019 | by Conor McCarthy

The High Court has declared that HMRC acted unlawfully in granting preferential tariff treatment to products from Morocco which originated in Western Sahara. HMRC – acting pursuant to advice given by the European Commission – had treated such products as being entitled to preferential tariff treatment. But, following a preliminary reference to the Court of […]

High Court rejects attempt to refer question on data exclusivity periods under the Medicines Directive to the ECJ

21 Mar 2019 | by Monckton Chambers

In a judgment released today, Lewis J has rejected an application by Orion Corporation, a pharmaceutical company, to refer to the ECJ questions relating to the starting point of its period of data exclusivity under the Medicines Directive. The Directive gives pharma companies that obtain a marketing authorisation a period of data exclusivity, during which […]

SAE Education Ltd v HMRC: The Supreme Court overturns Court of Appeal judgment and paves the way for commercial higher education providers to claim VAT exemption

20 Mar 2019 | by Monckton Chambers

In a unanimous judgment handed down today, the Supreme Court overturned the judgment of the Court of Appeal and the decision of the Upper Tribunal and ruled that SAE Ltd, part of a global group of higher education providers, was entitled to claim exemption from VAT as a college of Middlesex University. The judgment reiterates that […]

Brexit ferry case settled

01 Mar 2019 | by Monckton Chambers

Eurotunnel v Secretary of State for Transport Eurotunnel and the Secretary of State for Transport have today settled Eurotunnel’s challenge to the award by the Government of contracts to DFDS, Brittany Ferries, and Seaborne Freight for the provision of additional freight capacity between the UK and continental Europe. The capacity contracts were procured under the […]

Monckton members act in another successful challenge to local authority cuts

28 Feb 2019 | by Monckton Chambers

In a judgment handed down today, the Administrative Court has ruled that Worcestershire County Council acted unlawfully in failing to carry out proper transitional planning in relation to families affected by its decision to cut a much-valued home-visiting service known as ‘Portage’ for children with special educational needs and disabilities. The Claimants raised a variety […]

FCA issues its first decision under competition law

25 Feb 2019 | by Daiva Eitkeviciene

On 21 February 2019, the FCA issued a decision which finds that 3 asset management firms breached competition law. This is the FCA’s first formal decision under its competition enforcement powers. The infringements found by the FCA consisted of the sharing of strategic information, on a bilateral basis, between competing asset management firms during one […]

Court of Appeal upholds Galvanised Steel Tanks Information Exchange

15 Feb 2019 | by Rob Williams

In a judgment handed down today, the Court of Appeal has dismissed Balmoral Tanks’ appeal against the judgment of the Competition Appeal Tribunal upholding the CMA’s Information Exchange Infringement decision. The infringement occurred at a single meeting in July 2012. At that meeting, Balmoral rejected an invitation to join a cartel involving customer allocation, price […]