Yukos Bankruptcy Liquidator’s Acts Invalidated in the Netherlands

02 Nov 2007 | by Caroline Sweeney

On 31 October 2007 the District Court of Amsterdam gave a landmark judgment on the non-recognition of foreign insolvency proceedings.  The court refused to recognise the authority of a Russian bankruptcy liquidator appointed in respect of Yukos Oil Co to vote the shares of the Yukos’ Dutch subsidiary, Yukos Finance BV.  The court held that […]

Court of Appeal Defines Limits of Resident Rights of EU Citizens

26 Oct 2007 | by Caroline Sweeney

In its Judgment of 25th October 2007 the Court of Appeal held that parents with third country national status cannot rely on EC law to claim a right of residence in the UK on the basis that they have a child who is a national of a Member State and a citizen with EU and […]

The Council of Europe Strengthens the Legal Framework for Civil Society in Europe

17 Oct 2007 | by Caroline Sweeney

  In October 2007 the Committee of Ministers of the Council of Europe adopted a Recommendation to member states on the legal status of non-governmental organisations in Europe (CM/Rec(2007)14). This is the first international legal instrument that targets the legislator, the national authorities and the NGOs themselves.  It aims to recommend standards to shape legislation […]

Two Prestigious Awards for our Members

05 Oct 2007 | by Caroline Sweeney

Sir Jeremy Lever KMCG QC received the special award for ‘Lifetime Achievement’ at the Chambers Bar Awards where the spotlight was put on his half century of practice at the Bar: “…Fittingly for a lawyer called in 1957, the Year the Treaty of Rome was signed, he has made his name in the field of […]

European Commission Fines Visa £10.2 million

03 Oct 2007 | by Caroline Sweeney

On 3rd October 2007 the European Commission fined Visa for infringing Art 81 of the EC Treaty and Art 53 of the EEA Agreement. In 2000 Morgan Stanley complained to the Commission about Visa’s refusal to admit Morgan Stanley Bank (“MSB”) in the UK as a member of Visa.  Visa followed an internal rule of […]

Two New Tenants

01 Oct 2007 | by Caroline Sweeney

Monckton Chambers is delighted to welcome two new tenants after the successful completion of their pupillage on 2nd October 2007.  Both Fiona Banks and Ewan West have gained valuable experience outside the Bar which supports our beliefs of being a progressive and forward thinking set which understands the commercial pressure its clients are under. Before coming […]

Book News ~ “UK Competition Procedure – The Modernised Regime”

29 Sep 2007 | by Caroline Sweeney

This book, published by Oxford University Press in March 2007, provides readers with a comprehensive reference to the procedures for the enforcement of competition law in the UK following the implementation of the EC modernisation regulation which came into effect on 1 May 2004.  It deals with topics such as leniency, enforcement, information gathering and […]

Firebuy Resists Heat Brought On By Procurement Injunction Challenge

28 Sep 2007 | by Caroline Sweeney

Firebuy, a non-departmental public body sponsored by the Department for Communities and Local Government, has successfully resisted an application for an interim injunction in a procurement claim by Lion Apparel.  The injunction, if granted, would have prevented Firebuy from entering into a contract for the supply of a new national uniform for firefighters. The challenge […]

Ex-Works Argument Dispatched by the ECJ

27 Sep 2007 | by Caroline Sweeney

Case C-409/04, The Queen, on the application of Teleos plc and others v HMCE The applicants were UK mobile phone traders who had supplied phones to a Spanish company.  The goods’ destination was France or Spain and the traders argued that by placing the goods at the purchasers’ disposal at a UK bonded warehouse under […]

Calltel Telecom Ltd and Opto Telelinks (Europe) Ltd ~ News Update

14 Sep 2007 | by Caroline Sweeney

Following the ECJ’s judgment in Kittel v Belgium, the scope and application of the “means of knowledge” (“MoK”) test in cases of “Missing Trader Intra-Community” VAT fraud (“MTIC” or “carousel” fraud) has been considered twice at interim hearings in UK cases: in Dragon Futures Limited (Decision of the VAT & Duties Tribunal dated 10 October […]

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