Paul Lasok QC and Anneliese Blackwood act for HMRC in landmark win in the Supreme Court against £100m UBS and DB ‘bankers’ bonus’ tax scheme appeal

09 Mar 2016 | by Daiva Eitkeviciene

Paul Lasok QC and Anneliese Blackwood in Supreme Court Win The Supreme Court has allowed HMRC’s appeals against UBS AG (“UBS”) and DB Group Services (UK) Ltd (“DB”) in relation to detailed schemes designed to avoid the payment of tax on bankers’ bonuses. The determinations and decisions which UBS and DB appealed against required the […]

Levy Control Framework trumps “certainty” of Renewables Obligation closure date

04 Mar 2016 | by Daiva Eitkeviciene

The Court of Appeal this week upheld the Secretary of State’s decision to close the Renewables Obligation to new large-scale solar photovoltaic (PV) projects two years early, despite previous statements by the Government (made in the interests of providing “certainty” to investors) that the RO would remain open until 31 March 2017, in a decision […]

Court of Justice hears challenge to EU’s Russian Sanctions

25 Feb 2016 | by Daiva Eitkeviciene

Case C-72/15 OJSC Rosneft Oil Company v. HM Treasury; the Secretary of State for Business, Innovation, and Skills; the Financial Conduct Authority On 23 February 2016 the Grand Chamber of the Court of Justice of the EU heard Case C-72/15 Rosneft, concerning that company’s challenge to the sanctions imposed by the EU on the Russian […]

Presumption of innocence not breached by contemporaneous parliamentary inquiry and criminal proceedings

22 Feb 2016 | by Daiva Eitkeviciene

The European Court in Rywin v. Poland (read here) has found by a 4-3 majority  that the presumption of innocence under Article 6(2) of the European Convention on Human Rights was not breached by the contemporaneous  carrying out of criminal proceedings and a parliamentary commission of inquiry into a corruption scandal which concerned a well-known film […]

Monckton team successfully defends Google against abuse of dominance claim

18 Feb 2016 | by Monckton Chambers

High Court dismisses claim against Google, holding that, where a pro-competitive innovation by a dominant company is alleged to have harmed competition on a related market, the effect on competition in that market must be serious or appreciable in order to constitute an abuse of dominance. In a judgment handed down today, the High Court […]

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 […]