Tariq v UK: Lack of Gist in Closed Proceedings Not Unfair

24 May 2018 | by Monckton Chambers

Gulamhussein and Tariq v United Kingdom, application nos. 46538/11 and 3960/12 The recent decision of the European Court of Human Rights in Tariq v UK has significant implications for the use of closed material procedures in civil proceedings in which article 6 ECHR is engaged. Mr Tariq was employed by the Home Office as an […]

Two wrongs don’t make a right: The Supreme Court’s Decision in R (Gallaher and Somerfield) v Competition and Markets Authority [2018] UKSC 25

17 May 2018 | by Monckton Chambers

The Supreme Court has considered the way in which the OFT conducted its ‘Early Resolution’ settlement negotiations with parties who were subject to its tobacco investigation.  In overturning the decision of the Court of Appeal, the Supreme Court has held that a mistake made to the benefit of one party in a settlement negotiation is not […]

Airline liable for carrying non-EU citizen without correct papers

02 May 2018 | by Monckton Chambers

On 24 April 2018, the Court of Appeal handed down judgment in the case of Ryanair v Home Secretary [2018] EWCA Civ 899. The appeal concerned the application of Directive 2004/38/EC, on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, […]

Investigatory Powers Act not ‘general and indiscriminate’, says Divisional Court

27 Apr 2018 | by Monckton Chambers

The Divisional Court (Singh LJ and Holgate J) has today handed down judgment in judicial review proceedings brought by Liberty, challenging the lawfulness of the Investigatory Powers Act 2016. The case was identified by the Lawyer Magazine as one of its Top 20 Cases for 2018. Today’s judgment concerns the compatibility with EU law of […]

EU Advocate General concludes that UK pension protection rules are contrary to EU law

27 Apr 2018 | by Monckton Chambers

In her Opinion dated 26 April 2018, Advocate General Kokott concludes that restrictions on the compensation payable by the UK Pension Protection Fund (PPF) to employees of insolvent companies is contrary to Directive 2008/94/EC (the Insolvency Directive). The Advocate General accepts all of the arguments of the claimant Mr Hampshire, represented by Monckton Chambers’ Gerry […]

De La Rue abandons blue passport procurement challenge

18 Apr 2018 | by Monckton Chambers

De La Rue International Limited has today announced that it will not be pursuing its threatened challenge to the award by Her Majesty’ Passport Office of the contract for the production of blue passports to Gemalto UK Limited. Following a two-week extension for the parties to exchange pre-action correspondence and information, the standstill period in […]

Tax Tribunal rejects test cases brought by the landfill sector

13 Apr 2018 | by Monckton Chambers

In test cases led by Veolia, Devon Waste and Biffa (who brought two separate appeals), the landfill sector has failed in its bid to claim substantial landfill tax refunds for the entire sector on the basis that layers of soft waste, known as “fluff”, were not intended to be discarded but instead were used to […]

CAT refers Paroxetine case to CJEU

23 Mar 2018 | by David Gregory

In the latest instalment of competition litigation surrounding the issue of ‘Pay for Delay’, the Competition Appeals Tribunal has referred a series of appeals against a decision of the Competition and Markets Authority to the EU Court of Justice. The CMA had fined GlaxoSmithKline – the patent holder of antidepressant drug, Paroxetine – and a […]