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 […]

High Court finds Haringey LBC acted unlawfully in failing to ensure housing needs of family with severely disabled child are met.

21 Mar 2018 | by Ian Wise QC

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 […]

General Court issues a key judgment on the reach of the Aarhus Regulation

14 Mar 2018 | by Monckton Chambers

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 […]

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 […]