Local authority cuts to libraries held unlawful

14 Aug 2018 | by Monckton Chambers

The High Court has held that decisions made by Northamptonshire County Council (‘Northamptonshire’) on the future of library services across the County (‘Libraries’) which would have resulted in the closure of 60% of its Libraries, were unlawful. Mrs Justice Yip DBE held that Northamptonshire had made its decision to close the libraries without balancing its […]

Equality Act exclusion breaches human rights of autistic children

14 Aug 2018 | by Monckton Chambers

The Upper Tribunal has held that regulations under the Equality Act 2010 excluding children who have a ‘tendency to physical abuse’ from the protection of the Act give rise to unlawful discrimination under Article 14 ECHR insofar as they apply to children with impairments which give rise to an enhanced risk of physical aggression. Judge […]

Local authority cuts to special educational needs funding held unlawful

06 Aug 2018 | by Monckton Chambers

The High Court has held that cuts made by Bristol City Council (‘Bristol’) to the funding available for services for children and young people with special educational needs and disabilities (‘SEND’) were unlawful. His Honour Judge Cotter QC (sitting as a Deputy High Court Judge) held that Bristol were obliged both under statute and common […]

High Court holds that 10 year residence requirement for social housing is unlawful

17 Jul 2018 | by Monckton Chambers

In a judgment handed down on 13 July 2018, the High Court (Supperstone J) decided that a 10 year residence requirement imposed by the London Borough of Hillingdon in its allocation policy for the provision of social housing was indirectly discriminatory, on the grounds of race, and therefore unlawful. The case was brought by three […]

The General Court confirms the fines of over €300 million that the Commission imposed on the main European and Asian producers of (extra) high voltage power cables for their participation in a worldwide cartel

12 Jul 2018 | by Monckton Chambers

By decision of 2 April 2014,1 the Commission imposed fines of over €300 million on a number of producers of (extra) high voltage underground and/or submarine power cables for participating in an anticompetitive cartel. Such cables are typically used to transmit and distribute electricity and to interconnect power grids in different countries. According to the […]

Vattenfall jurisdiction judgment

05 Jul 2018 | by Monckton Chambers

The High Court rejected a jurisdiction challenge by Prysmian and NKT, defendants in a UK follow-on damages claim being brought by Vattenfall the state-owned Swedish electrical wind power company and others following the Commission’s power cable cartel decision. The judgment as handed down on 4 June 2018 is here. A case note will follow. Philip […]

MasterCard and Visa judgments on interchange fees overturned on appeal

04 Jul 2018 | by Monckton Chambers

After an unprecedented 10-day hearing, the Court of Appeal handed down judgment today in the three linked appeals on the lawfulness of interchange fees, in Sainsbury’s v MasterCard (Competition Appeal Tribunal), Asda and others v MasterCard (Commercial Court) and Sainsbury’s v Visa (Commercial Court). In the UK, interchange fees are fees charged on all card […]

Award of Lancashire Children’s Services Contract to Virgin Care Set Aside

22 Jun 2018 | by Monckton Chambers

Lancashire Care NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC) The High Court (Mr Justice Stuart Smith) has today handed down a judgment setting aside the award of a contract for public health nursing services by Lancashire County Council to Virgin Care Services Limited.  The Court has upheld a challenge made by […]

Flynn / Pfizer v CMA: the CMA misapplied the test for excessive pricing

07 Jun 2018 | by Monckton Chambers

The Competition Appeal Tribunal handed down a Judgment today setting aside parts of the CMA’s decision imposing combined fines on the pharmaceutical companies, Pfizer and Flynn, of around £90 million for charging unfairly high prices for the anti-epileptic drug, phenytoin sodium capsules, in breach of Article 102 TFEU / the Chapter II prohibition. Although the […]