Lords Rewrite the Law on Debt Repayment

18 Jul 2007 | by Caroline Sweeney

On 18 July 2007 the House of Lords gave judgment in Sempra Metals Ltd v. HMRC [2007] UKHL 34, the latest instalment in the long running Advance Corporation Tax (‘ACT’) group litigation.  The decision has already been described as having rewritten the law on debt repayment (The Times, 18 July 2007). Sempra, formerly Metallgesellschaft Ltd., […]

£30m Damages against the Commission

12 Jul 2007 | by Caroline Sweeney

On 12 July the Court of First Instance in Luxembourg awarded over 100 individuals, largely from Britain, substantial damages against the European Commission.  It ordered the Commission to pay almost £30m in relation to two linked sets of claims. The individual claimants all worked at the EU’s nuclear fusion project (JET) based at Culham in […]

CFI Rejects Bouygues State Aid Challenge

05 Jul 2007 | by Caroline Sweeney

The Court of First Instance (CFI) rejected a state aid challenge by Bouygues, one of the mobile phone operators in France, on 4th July 2007 against a decision of the European Commission which had found that the grant of 3G licences in France to France Telecom and SFR involved no aid. France had retrospectively reduced […]

House of Lords Gives Judgment in Lonsdale v Howard & Hallam

04 Jul 2007 | by Caroline Sweeney

The House of Lords delivered its judgment in the test case on commercial agents’ compensation under Regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 on 4th July 2007. The House of Lords (Lord Hoffmann giving the lead Opinion, with the other members concurring) upheld the Court of Appeal’s approach that compensation is to […]

Alzheimer’s Patients Fight New Rules on Drug Availibility

29 Jun 2007 | by Caroline Sweeney

At the end of June hearings took place in R(EISAI) and Alzheimer’s Society v NICE. The case concerns a challenge to guidance issued by the National Institute for Health and Clinical Excellence (“NICE”) which restricts the availability of drugs which serve to inhibit the symptoms of Alzheimer’s Disease. This is the first time NICE is being […]

ECJ Ruling in £3 billion Hutchison 3G VAT Case

26 Jun 2007 | by Caroline Sweeney

C-369/04: Hutchison 3G & C-284/04: T-Mobile Austria A ruling by the ECJ on 26th June means that Revenue and Customs will not have to pay a VAT claim for over £3 billion brought by the winners of the third generation mobile phone spectrum auction in 2000. The mobile phone companies had claimed that the £27 billion paid […]

Arriva Found Not Dominant

19 Jun 2007 | by Caroline Sweeney

The High Court gave judgment in the case of Chester City Council v. Arriva plc.  Arriva was accused of predatory pricing and flooding the market for local bus services in central Chester, in breach of Chapter II of the Competition Act. Arriva defeated Chester City Council on every point, including by demonstrating that Arriva was […]

High Court Damages Ruling in Hit-and-Run Case

06 Jun 2007 | by Caroline Sweeney

The High Court has held that the United Kingdom’s arrangements for compensating the victims of untraced drivers do not comply with European Community law in requiring compensation claims made on behalf of minors to be brought within three years of injury.  The Court also found that the breach of EC law was sufficiently serious to […]

Judicial Review of the Coal Authority Fails

23 May 2007 | by Caroline Sweeney

The Administrative Court has rejected a claim by Abbey Mine to quash a decision of the Coal Authority to grant a licence to Corus, the steel maker, to mine coal in the Margam area of South Wales.  The Court had to consider how to apply the public law principle of fairness in the context of […]

“Best Chambers” and “Best Barrister” Finalist at the Lawyer Awards 2007

14 May 2007 | by Caroline Sweeney

We are delighted that Monckton Chambers has been nominated as ‘Chambers of the Year’ and Peter Roth QC has been shortlisted as ‘Barrister of the Year’ as part of The Lawyer Awards 2007.  It is great to have been chosen among hundreds of entries.  The winners will be announced on 26th June 2007 at an […]

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