Landmark Judgment on Western Sahara

08 Mar 2018 | by Conor McCarthy

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 […]

No Exemption for Interchange Fees

27 Feb 2018 | by Monckton Chambers

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 […]

High Court to review Muslim graves case

19 Feb 2018 | by Monckton Chambers

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 […]

Melanie Hall QC in landmark case for the timeshare sector

12 Feb 2018 | by Claire Alderman

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 […]

High Court rules that damages are inadequate for NHS claimants

08 Feb 2018 | by Monckton Chambers

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 […]

CMA provisionally finds Fox/Sky deal not in the public interest

25 Jan 2018 | by Monckton Chambers

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 […]

Supreme Court grants permission to appeal in SAE Education Ltd

25 Jan 2018 | by Monckton Chambers

On 22 January 2018, the Supreme Court granted permission to appeal against the Court of Appeal’s judgment in SAE Education Ltd v HMRC [2017] EWCA Civ 1116. Melanie Hall QC and Elizabeth Kelsey represent the Appellant and will argue that its supplies of university education are exempt from VAT because it is a college of […]

EU Advocate General delivers landmark Opinion in Western Sahara Campaign UK v. Commissioners for Her Majesty’s Revenue and Customs

10 Jan 2018 | by Monckton Chambers

Advocate General Wathelet has delivered a landmark opinion in Case 266/16 on the validity of the Fisheries Partnership Agreement between the EU and Morocco. The case raises potentially far-reaching issues regarding the relationship between the EU and third counties and the extent to which such agreements must respect public international law and human rights obligations […]