Court of Appeal dismisses challenge to VAT education exemption

19 Jan 2016 | by Daiva Eitkeviciene

The Court of Appeal has today dismissed Finance and Business Training (FBT)’s appeal against HMRC’S refusal to recognise its university standard courses as being entitled to the education exemption from VAT. Article 132 of the Principal VAT Directive requires Member States to exempt a number of specified types of education, including university education. However, the […]

Challenge to East Anglia rail franchise specification dismissed

21 Dec 2015 | by Daiva Eitkeviciene

The High Court has today dismissed Enfield Council’s judicial review of the Department for Transport’s minimum service specification for the ongoing East Anglia rail franchise competition. The East Anglia franchise serves 131 train stations, extending to Peterborough, Southend, Felixstowe and Cambridge, and includes a significant part of London.  A competition is underway to select the […]

Medicines Regulator’s Inspection of Roche was lawful, says Court of Appeal

21 Dec 2015 | by Daiva Eitkeviciene

In a judgment released today, the Court of Appeal held that the UK Medicines and Healthcare Regulatory Agency had acted lawfully in carrying out inspections of Roche in late 2013 and in communicating material from that inspection to the European Medicines Agency. On a previous inspection in 2012, critical deficiencies had been found in Roche’s […]

Supreme Court upholds ban on providing information to the ECtHR

21 Dec 2015 | by Daiva Eitkeviciene

The Chinese dissident Wang Yam was jailed for life for the murder of the reclusive author Allan Chappelow. In the criminal trial, for unspecified national security and witness protection reasons, the trial judge ordered that the defence case should be heard in secret. Mr Yam subsequently applied to the European Court of Human Rights in […]

Librarians take legal battle against library closures to government

17 Dec 2015 | by Daiva Eitkeviciene

The Chartered Institute of Library and Information Professionals (CILIP) today announced that it was challenging the Department of Culture Media and Sport concerning its oversight of library services under the Public Libraries and Museums Act 1964. Part of its campaign entitled My Library My Right championing public access to quality library services, CILIP is asking […]

General Court annuls Air Cargo decision

17 Dec 2015 | by Daiva Eitkeviciene

In judgments handed down yesterday the General Court of the EU has annulled the Commission’s 2010 decision finding the applicant companies to have infringed the competition rules by participating in a cartel to fix surcharges for air freight and imposing heavy fines upon them. The basis for the Court’s ruling was that the reasoning in […]

Telefonica successfully discharges GSM Gateways injunction

16 Dec 2015 | by Daiva Eitkeviciene

The High Court has discharged an injunction that was obtained by Packet Media Limited (“PML”) against Telefonica UK (“TUK”) in July 2015. PML operates GSM Gateways and provides telecommunications services to its own business customers. The use of those Gateways was contrary to TUK’s Gateway Policy. PML sought to restrain TUK from disconnecting the SIM […]

CMA wins merger test case in Supreme Court

16 Dec 2015 | by Daiva Eitkeviciene

In a case which it described at the permission stage as one of “particular public interest”, the Supreme Court has allowed an appeal by the Competition and Markets Authority (CMA) against the decision by the Court of Appeal that the acquisition by Eurotunnel of 3 out of Seafrance’s 4 ferries, together with certain other business […]

MOJ Whiplash reforms are compatible with Articles 102 and 106 TFEU

11 Dec 2015 | by Daiva Eitkeviciene

The Administrative Court has rejected a judicial review challenge to the Government’s recent whiplash reforms, which on 6 April 2015 introduced a mandatory requirement for personal injury solicitors to instruct medical experts via the MedCo internet portal. A leading medical reporting organisation (MRO), Speed Medical Examinations Limited, sought to challenge the operation of the Portal […]