Welsh Water Allowed to Appeal CAT Decision

20 Aug 2007 | by Caroline Sweeney

The Court of Appeal (Rix, Thomas LJJ) has granted Dwr Cymru Cyfyngedig (Welsh Water) permission to appeal against two judgments of the Competition Appeal Tribunal (CAT) in Albion Water Ltd v Water Services Regulation Authority. The permission is limited to two issues, namely whether: the CAT applied the wrong legal test for margin squeeze in […]

Successful Challenge to NICE on Access to Alzheimer’s Drugs

10 Aug 2007 | by Caroline Sweeney

Today the High Court handed down judgment in the case of R (Eisai Ltd) (Alzheimer’s Society & Shire Ltd, Interested Parties) v. the National Institute for Health and Clinical Excellence. In her judgment, Mrs Justice Dobbs ruled that NICE had failed in its duty to ensure that its guidance was not discriminatory and that there […]

Competition/EU Set of the Year Nomination

26 Jul 2007 | by Caroline Sweeney

We are delighted to announce that Monckton Chambers has been nominated as “Set of the Year” for Competition and EU for the third year running as part of the Chambers Bar Awards 2007 held in recognition of the high quality work done at the Bar.  These nominations are the result of research conducted for the next […]

CAT Dismisses Brannigan Appeal

26 Jul 2007 | by Caroline Sweeney

On 26 July 2007, the Competition Appeal Tribunal unanimously dismissed an appeal brought by a local newspaper proprietor,  Mr. Brannigan, which challenged the OFT’s refusal to investigate a complaint under the Competition Act 1998. Mr. Brannigan complained to the OFT that two rival publishers, Newsquest and Johnston Press had engaged in exclusionary practices contrary to […]

Tour Operators Challenge Air Passenger Duty

19 Jul 2007 | by Caroline Sweeney

Judgment is expected in September in R(Federation of Tour Operators) v HM Treasury. The Federation of Tour Operators challenged the recent increase in the rate of Air Passenger Duty, a tax upon the carriage of passengers by air, which is typically passed on by airlines to their passengers. Tour Operators sell flights as part of package holidays […]

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 […]


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