Heathrow third runway scheme survives competition law challenge

01 May 2019 | by Monckton Chambers

The High Court has today handed down judgment in R (Heathrow Hub Ltd) v Secretary of State for Transport [2019] EWHC 1069 (Admin). Heathrow Hub Ltd had challenged the Government’s decision to adopt a National Policy Statement favouring the expansion of Heathrow by way of a new runway to the north-west of the existing ones, […]

High Court rules on binding findings in Servier

17 Apr 2019 | by Monckton Chambers

The High Court has today handed down judgment in Secretary of State for Health and others v Servier Laboratories Limited [2019] EWHC 1004 (Ch). The High Court rejected Servier’s arguments that findings of fact made by the General Court in its judgment in Servier v Commission Case T-691/14 handed down on 12 December 2018 would […]

Paul Harris QC leads for claimants in Merricks v Mastercard: Collective proceedings in competition law revitalised by Court of Appeal

17 Apr 2019 | by Monckton Chambers

On 16 April 2019, the Court of Appeal allowed Mr Merrick’s appeal from the Competition Appeal Tribunal’s (“CAT”) refusal to grant a collective proceedings order (“CPO”). The CAT’s order is, accordingly, set aside and the application for certification is remitted to the CAT for a re-hearing. Paul Harris QC leads on behalf of the claimants […]

Wiltshire Council withdraws proposals for special school closure

28 Mar 2019 | by Monckton Chambers

Wiltshire Council has withdrawn its proposals which may have led to the closure of two special schools, after permission to apply for judicial review was granted by the High Court in relation to the proposals. The Claimants, being groups supporting the two schools, were represented by Ian Wise QC (at the permission hearing) and Steve […]

Just published – Data Profiling and Insurance Law by Brendan McGurk

22 Mar 2019 | by Monckton Chambers

The book looks at how big data and predictive analytics are being used by insurers to profile risk and monitor insured behaviours in real time. Big data is causing fundamental changes in the way insurance is provided and those changes in turn give rise to a range of important legal questions, in the realms of […]

High Court Grants Declaratory Relief regarding imports from Morocco relating to Western Sahara

21 Mar 2019 | by Conor McCarthy

The High Court has declared that HMRC acted unlawfully in granting preferential tariff treatment to products from Morocco which originated in Western Sahara. HMRC – acting pursuant to advice given by the European Commission – had treated such products as being entitled to preferential tariff treatment. But, following a preliminary reference to the Court of […]

High Court rejects attempt to refer question on data exclusivity periods under the Medicines Directive to the ECJ

21 Mar 2019 | by Monckton Chambers

In a judgment released today, Lewis J has rejected an application by Orion Corporation, a pharmaceutical company, to refer to the ECJ questions relating to the starting point of its period of data exclusivity under the Medicines Directive. The Directive gives pharma companies that obtain a marketing authorisation a period of data exclusivity, during which […]

SAE Education Ltd v HMRC: The Supreme Court overturns Court of Appeal judgment and paves the way for commercial higher education providers to claim VAT exemption

20 Mar 2019 | by Monckton Chambers

In a unanimous judgment handed down today, the Supreme Court overturned the judgment of the Court of Appeal and the decision of the Upper Tribunal and ruled that SAE Ltd, part of a global group of higher education providers, was entitled to claim exemption from VAT as a college of Middlesex University. The judgment reiterates that […]

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