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 […]

Latest Chapter in Advanced Corporation Tax Group Litigation

28 Mar 2007 | by Caroline Sweeney

On 23 March 2007 Mr Justice Rimer gave judgment in Pirelli Cable Holding NV and others v. Commissioners for HM Revenue and Customs [2007] EWHC 583 (Ch.), the latest chapter in the long-running Advance Corporation Tax (‘ACT’) group litigation. The five test cases in the ACT group litigation (of which Pirelli is one) result from […]

Georgia v Russian Federation ~ First Inter-State Case Application at ECHR Since 1998

28 Mar 2007 | by Monckton Chambers

On 26 March 2007 the Georgian Government lodged an inter-State case with the European Court of Human Rights (ECHR) against the Russian Federation.  The Monckton Chambers team was chosen to represent Georgia because of their ability to offer the expertise needed in this international case. The case is the first inter-State case brought using the […]

Parking Tickets Posted after Drive Aways ~ Adjudicators Vindicated in TfL Challenge

27 Mar 2007 | by Caroline Sweeney

The Administrative Court gave judgment in a further test case involving ‘penalty charge notices’, more commonly known as ‘parking tickets’, which affects millions of people every year: R(Transport for London) v The Parking Adjudicator. The general rule is that a parking attendant must serve a parking ticket on the spot by fixing it to the […]

When Can the Grant of a 3G Mobile Licence Involve State Aid?

15 Mar 2007 | by Caroline Sweeney

The Court of First Instance (CFI) heard an important state aid case, T-475/04, which raises the question of in what circumstances the grant of 3G mobile licences can involve state aid. Bouygues, the number 3 operator in France has challenged a decision of the European Commission that the grant of 3G licences to SFR and […]

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