The High Court today handed down judgment in R (KS & AM) v London Borough of Haringey. The claim was brought by a mother and her youngest child who is six years old, is severely disabled and has no sense of danger. Children’s services recognized the danger that the current accommodation presents, particularly the danger […]
The Court of Appeal today handed down its long-awaited judgment in R (DA & Others) v Secretary of State for Work and Pensions. The claim relates to a challenge to the lawfulness of the “benefit cap” legislation on the grounds that it unlawfully discriminates against, and hence breaches the human rights of, lone parents of […]
The General Court has annulled the Commission’s decision that it did not need to comply with a request for review made under the Aarhus Regulation insofar as the decision in question related to the safety risks, as opposed to ‘environmental risks’ posed by a genetically modified organisms (“GMO”). Pursuant to the Aarhus Regulation, Testbiotech submitted […]
The Court of Justice of the EU has found unlawful the application of the EU – Morocco Fisheries Partnership Agreement (“FPA”) to Western Saharan territory. In a decision with broader significance for agreements between the EU and third countries, the Court found that the implementation of the FPA in Western Sahara would contravene the right […]
Sainsbury’s Supermarkets Ltd -v- Visa Europe Ltd and Or – Latest decision In a judgment of 30 November 2017 [2017] EWHC 3047, Phillips J held that Visa’s UK MIFs did not restrict competition within the meaning of Article 101(1). In a subsequent judgment dated 23 February 2018 [2018] EWHC 355 Phillips J held that if […]
The High Court has granted permission for a judicial review of Walsall Council’s cemeteries policy, deeming it a matter of public interest. The Claimant’s late father is buried in the lawn area of Streetly Cemetery, which is reserved for Muslim burials. The Council’s policy prohibits edging around graves in that area. The Claimant argues that […]
The Upper Tribunal has allowed an appeal in Fortyseven Park Street Limited v HMRC concerning the purchase of fractional interests in a luxury property in Mayfair comprising 49 self-contained apartments. The Tribunal endorsed the First tier Tribunal’s finding that the interests fell within the land exemption. However, it overturned the Tribunal’s finding that exemption from […]
The TCC has refused an application by Lancashire County Council to lift the suspension of a procurement relating to Children’s Services in Lancashire. The procurement is challenged by two local NHS Trusts – Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust – who are the incumbent providers of the services. The […]
The Lawyer has published the Top 20 Cases due to be heard in 2018, which this year has “public interest cases take centre stage” and is described as “a plethora of headline-grabbers.” Four members of Monckton Chambers are highlighted in this year’s list relating to two cases: Peugeot SA & Ors v NSK Ltd & […]
On 23 January 2018, the CMA published its provisional decision that Fox taking full control of Sky is not in the public interest due to media plurality concerns, but not because of a lack of a genuine commitment to meeting broadcasting standards in the UK. The media plurality concerns identified mean that, overall, the CMA […]
