Regulating the Regulators

13 Mar 2024

Monckton Chambers was delighted to invite you to this in person seminar, which sees the return of our popular “Regulating the Regulators” event. In the aftermath of the Microsoft/Activision merger appeal, Leading practitioners from Monckton’s public law team provided an update on the law and practice of judicial review claims against regulators – from how the CAT and the courts are applying the irrationality test to specialist public bodies with wide regulatory discretion, to an update on the role of expert evidence in judicial review.

To see full seminar please click here.

Chair: Kassie Smith KC


Josh Holmes KC:  Reviewing the CMA’s digital merger control: Meta and Microsoft in the CAT

  • Procedural challenges: delegation, confidentiality and fairness
  • Finding a way through: remedies and remittal.

Robert Palmer KC: Judicial Review of the regulators: by what standard will they be judged?

  • The evolution of irrationality challenges
  • Proportionality and the manifestly without reasonable foundation standard
  • Regulatory discretion and its ambit

Azeem Suterwalla: Factual and expert evidence in Judicial Review

  • Recent developments on the admission of factual and expert evidence
  • The resolution of conflicting factual evidence
  • Cross-examination and hot tubbing in judicial review

Will Perry: Fundamental rights and regulation

  • Fundamental rights as relevant considerations
  • A role for positive operational duties on regulators?
  • A1P1: is it ever worth pleading?