The Lawyer magazine has published its “Top 20 cases of 2019” revealing that “last year, public interest cases took centre stage in the English courts, with this set to intensify in the run-up to Brexit. The Lawyer Top 20 Cases 2019 also highlights new battles over patents, big-ticket competition claims and intense scrutiny over the […]
Google v CNIL: Advocate General agrees global “right to be forgotten” orders pose risk to freedom of expression
The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-507/17 Google Inc v Commission nationale de l’informatique et des libertes (CNIL). In his opinion, Advocate General Maciej Szpunar advised that de-referencing requests under the CJEU’s decision in Google Spain v Gonzales et al (the so-called ‘right to be […]
Judgments in Servier ‘Pay for Delay’ Appeals
The General Court (‘GC’) of the European Union has confirmed the Commission’s Decision that certain patent settlement agreements may be restrictive of competition by object but has upheld in part certain aspects of the appeals against the Decision, including Servier’s appeal in relation to a finding of an abuse of a dominant position in relation […]
Early dismissal of a £39m Commercial Court fraud and conspiracy claim
A £39 million Commercial Court fraud and conspiracy claim has been struck out and summary judgment entered in the Defendants’ favour.The Claimant had been majority shareholder of Allerton Group Limited (“AGL”), the parent of a group involving steel fabrication and bridge building. The group entered administration in 2009 as a result of cashflow pressures. The […]
Court of Justice confirms United Kingdom’s right to change its mind about Brexit.
CJEU Advocate General concludes that notice under Article 50 TEU is unilaterally revocable
The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. In his opinion, Advocate General Campos Sánchez-Bordona concludes: “When a Member State has notified the European Council of its intention to withdraw from the European Union, […]
Is the Article 50 notice revocable?
Photo credit: Court of Justice of the European Union On Tuesday 27 November, Gerry Facenna QC and Anneli Howard appeared before the Full Court of Justice of the European Union on behalf of two Members of Parliament, Chris Leslie MP (Lab) and Tom Brake MP (Lib Dem) in the urgent preliminary reference case concerning the […]
CMA secures final enforcement order against viagogo
Today, in proceedings brought by the CMA, the High Court (Mr Justice Nugee) has made an enforcement order under sections 217 and 219A of the Enterprise Act 2002 against viagogo, the operator of a secondary ticketing platform. The Court had been due to hear an application by the CMA for an interim enforcement order this […]
Supreme Court refuses Government permission to appeal against decision to seek CJEU ruling on Article 50 revocation
The Supreme Court has today refused permission for the Secretary of State for Exiting the European Union to appeal against the decision of the Court of Session in Scotland to seek a ruling from the CJEU on the revocability of the Article 50 Notice. See Supreme Court news release here. This means that the accelerated […]
High Court sides with the CMA on the meaning of consumer protection law
The High Court has held that, where a trader acts misleadingly during a test purchase by a local trading standards officer, it breaches consumer protection law, even if the officer is not acting as a consumer within the meaning of the relevant legislation: Warwickshire County Council v Halfords Autocentres Limited and Competition and Markets Authority […]